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Overview

The Human Rights Act is one of the most significant pieces of constitutional legislation enacted in the United Kingdom. It is a key part of the Government’s programme to encourage a modern civic society where the rights and responsibilities of our citizens are clearly recognised and properly balanced.

Its effect is to allow people to claim their rights under the European Convention on Human Rights in UK courts and tribunals, instead of having to go to the European Court in Strasbourg. The Act underpins this by requiring all public authorities in the UK to act compatibly with the Convention rights. This places new responsibilities on all of us who work in public authorities, which includes central government, the courts, the police, local government and many bodies who carry out functions which the Government would otherwise have to undertake.

What the Act does

The Government’s broad aim in introducing the Act is to help create a society in which people’s rights and responsibilities are properly balanced and where an awareness of the Convention rights permeates our government and legal systems at all levels.

The Human Rights Act incorporates provisions from the European Convention on Human Rights into UK law.

When the Human Rights Act came into effect on 2 October 2000, the Convention rights are enforceable in the UK courts.

The Act:

• makes it unlawful for a public authority to act incompatibly with the Convention rights and allows for a case to be brought in a UK court or tribunal against the authority if it does so. However, a public authority will not have acted unlawfully under the Act if as the result of a provision of primary legislation it could not have acted differently.
  
• requires all legislation to be interpreted and given effect as far as possible compatibly with the Convention rights. Where it is not possible to do so, a court may
  1.) quash or disapply subordinate legislation or;
  2.) if it is a higher court, make a declaration of incompatibility for primary legislation. This triggers a new power that allows a Minister to make a remedial order to amend the legislation to bring it into line with the Convention rights.
  3.) requires UK courts and tribunals to take account of Strasbourg case-law (i.e the case-law of the Court and the Commission in Strasbourg, and the Committee of Ministers). They will also be bound to develop the common law compatibly with the Convention rights.

Now all public bodies, including the courts and agencies such as the police, local authorities, hospitals and prisons and other bodies carrying out public functions must act in accordance with the Convention rights when making decisions which affect you. If they interfere with these rights, they will have to be able to justify that interference in accordance with the new law.

Guidance

• The Ministry of Justice Human Rights Division provides a range of guidance explaining the Human Rights Act and aimed at a variety of audiences.
• Responsibility for the Human rights Act transferred from the Home Office to the Ministry of Justice in May 2001.

The Ministry of Justice web site contains full guidance on the Act, and information on other related matters as well as downloadable advice and guidance material.

Last update: Tuesday, September 02, 2008