Human Rights Act
Legislation, enacted in 1998, that brought most of the rights contained in the European Convention on Human Rights into domestic law for the whole of the UK in 2000.

The Act creates a statutory general requirement that all law (including the common law), past or future, be read and given effect in a way that is compatible with the Convention.

The Act requires public authorities—including courts—to act compatibly with the Convention unless they are prevented from doing so by statute. This means that the courts have their own primary statutory duty to give effect to the Convention unless a statute positively prevents this. Section 7 gives the victim of any act of a public authority that is incompatible with the Convention the power to challenge the authority in court using the Convention, to found a cause of action or as a defence. The Act provides a specific ground of illegality for proceedings brought by way of judicial review, namely, a failure to comply with the Convention rights protected by the Act, subject to a “statutory obligation” defence. Secondly, it creates a new cause of action against public bodies that fail to act compatibly with the Convention. Thirdly, Convention rights are available as a ground of defence or appeal in cases brought by public bodies against private bodies (in both criminal and civil cases). Section 7(5) imposes a limitation period of one year for those bringing proceedings (but not as a defence to proceedings brought by a public authority).

However, only persons classified as “victims” by the Act are able to enforce the duty to act compatibly with the Convention in proceedings against the authority, and only victims will have standing to bring proceedings by way of judicial review (the Equality and Human Rights Commission is not subject to this requirement).

The Convention rights that have been incorporated into the Act are: Articles 2 to 12, 14, 16, 17, 18; Articles 1 to 3 of the First Protocol; Articles 1 and 2 of the Sixth Protocol; and the Thirteenth Protocol (individual rights are subjects of entries in this dictionary). See absolute right; qualified right.

The Act requires any court or tribunal determining a question that has arisen in connection with a Convention right to take into account the jurisprudence of the Strasbourg organs (the European Court and Commission of Human Rights and the Committee of Ministers). This jurisprudence must be considered “so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen”, whenever the judgment, decision, or opinion to be taken into account was handed down. However, despite popular assertions to the contrary, UK courts are not bound to follow this jurisprudence.

Section 19 provides that when legislation is introduced into Parliament at second reading, the government minister must make a statement, either (1) to the effect that, in his or her view, the legislation is compatible with the Convention, or (2) that although the legislation is not compatible with the Convention, the government still wishes to proceed. If it is not possible to read legislation so as to give effect to the Convention, then the Act does not affect the validity, continuing operation, or enforcement of the legislation. In such circumstances, however, section 4 empowers the High Court, Court of Appeal, or Supreme Court to make a declaration of incompatibility. Section 10 and Schedule 2 provide a “fast-track” procedure by which the government can act to amend legislation in order to remove incompatibility with the Convention when a declaration of incompatibility has been made.

The Act gives a court a wide power to grant such relief, remedies, or orders as it considers just and appropriate, provided they are within its existing powers. Damages may be awarded in civil proceedings, but only if necessary to afford just satisfaction; in determining whether or not to award damages and the amount to award, the court must take account of the principles applied by the European Court of Human Rights.

Sections 12 and 13 provide specific assurances as to the respect that will be afforded to freedom of expression and freedom of thought, conscience, and religion: these are ‘comfort clauses’ for the media and for religious organizations.

The Act does not make Convention rights directly enforceable against a private litigant, nor against a quasi-public body with only some public functions if it is acting in a private capacity. But in cases against a private litigant, the Act still has an effect on the outcome, because the court will be obliged to interpret legislation in conformity with the Convention wherever possible; must exercise any judicial discretion compatibly with the Convention; and must ensure that its application of common law or equitable rules is compatible with the Convention.

The Act is not without its critics and some journalists and parliamentarians regularly call for its repeal. In 2011 the government set up a Bill of Rights Commission to review the Act and to consider the creation of an alternative “British Bill of Rights”. However, the Commission failed to achieve a consensus before it disbanded in 2012. Another review of the Act was begun in December 2020, but this was restricted to the way the Act itself worked rather than the substantive rights that it included—those set out in the European Convention on Human Rights itself.

https://www.equalityhumanrights.com/en/human-rights/human-rights-act

• Guide to the Human Rights Act from the website of the Equality and Human Rights Commission

• careless statement
• care order
• care plan
• care proceedings
• Care Quality Commission for England
• carer’s allowance
• Care Standards Tribunal
• cargo
• Carltona principle
• carriage of goods by air
• carriageway
• carrier
• carrier’s lien
• cartel
• case
• case law
• case management
• case management conference
• case stated
• casus belli
• casus foederis
• casus omissus
• catching bargain
• causa causans
• causa sine qua non