The following Public Law guidance note Produced in partnership with Eric Metcalfe of Monckton Chambers provides comprehensive and up to date legal information covering:
The Human Rights Act 1998 (HRA 1998) imposes a duty on all public authorities in the UK to act in a manner that is compatible with rights under the European Convention on Human Rights (ECHR), ie ‘Convention rights’. For background reading, see Practice Note: Convention rights.
Where this duty is breached, HRA 1998 provides that any victim of that breach may bring proceedings against the public authority responsible (HRA 1998, s 7(1)(a)). In addition, any victim of such a breach may also rely on their Convention rights arguments in any legal proceedings (HRA 1998, s 7(1)(b)).
The ECHR (ie 'the Convention' as set out in the HRA 1998, Sch 1, Pt 1) is an international treaty made by member states of the Council of Europe. Article 1 of the ECHR requires each member state to secure the rights in the ECHR to everyone within their jurisdiction.
The ECHR also established the European Court of Human Rights (ECtHR) in Strasbourg to determine complaints from individuals and states as to breaches of Convention rights. However, Article 35 of the ECHR provides that individuals may only bring a complaint to the ECtHR once they have exhausted their domestic remedies.
Although the UK ratified the ECHR in March 1951, UK courts were previously unable to give effect to
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234