Rights

Human Rights Act 1998. The Human Rights Act 1998 empowered UK courts to enforce European Convention on Human Rights (ECHR) rights in the UK. Section 3: Section 3 requires everyone (including the courts) to interpret all UK law, “[s]o far as it is possible to do so”, in a way which is compatible with ECHR rights. Ghaidan v Godin-Mendoza: In 2004, a majority of law lords ruled that a provision in the Rent Act 1977 which applied to widowed husbands and wives (pre-gay marriage) should be interpreted (under articles 8 and 14) as applying to “the survivor of homosexual couples living together in a close and stable relationship” too. Section 4: Section 4 allows the courts to issue a declaration of incompatibility for parts of Acts of Parliament which it thinks are incompatible with ECHR rights. A declaration of incompatibility does not stop an Act of Parliament from being law, but they can be persuasive. The UK Government said in December 2022 that, since 2000, 46 declarations of incompatibility have been issued: 40 of which have been “fully addressed” and six of which are being dealt with. A v Home Secretary: In 2004, a majority of law lords issued a declaration of incompatibility (for breaching articles 5 and 14) against part of the Anti-terrorism, Crime and Security Act 2001 which authorised the indefinite detention of “suspected international terrorists” designated by the Home Secretary; this part was replaced by the Prevention of Terrorism Act 2005. Section 8: Section 6 declares that a “public authority” is (mostly) not allowed to act in a way incompatible with ECHR rights. Section 7 empowers a “victim” to bring a “public authority” to court for acting or proposing to act in violation of section 6 and section 8 allows a court to grant “just and appropriate” reliefs, remedies and orders — including reversing the action. ‘Afghan hijackers’: In 2004, the Immigration Appellate Authority ruled that nine men who hijacked a plane and flew to the UK to escape the Taliban could not be returned to Afghanistan over a real risk of article 3 violations. R (Begum) v Home Secretary: In 2022, the Supreme Court ruled that it would not be contrary to Article 6 for the Home Secretary to deprive Shamima Begum of her British citizenship on the grounds of national security in their assessment.
ECHR rights incorporated into UK law. Article 2: Right to life. Article 3: Prohibition of torture. Article 4: Prohibition of slavery and forced labour. Article 5: Right to liberty and security. Article 6: Right to a fair trial. Article 7: No punishment without law. Article 8: Right to respect for private and family life. Article 9: Freedom of thought, conscience and religion. Article 10: Freedom of expression. Article 11: Freedom of assembly and association. Article 12: Right to marry. Article 14: Prohibition of discrimination. Protocol 1, Article 1: Protection of property. Protocol 1, Article 2: Right to education. Protocol 1, Article 3: Right to free elections. Protocol 6, Article 1 and Protocol 13, Article 1: Abolition of the death penalty. Note: These are just the headings of the various Articles: what they actually do in practice is determined by their content and a vast array of court decisions.