Human Rights

The Human Rights Act 1998 gives effect in UK law to the rights set out in the European Convention on Human Rights. Among the most frequently raised are Article 2 (right to life), Article 3 (prohibition on torture, inhuman or degrading treatment), Article 5 (liberty and security), Article 6 (right to a fair trial), Article 8 (private and family life, home and correspondence), Article 10 (freedom of expression), Article 11 (freedom of assembly and association) and Article 14 (prohibition on discrimination in the enjoyment of Convention rights).

Yes. Section 6 of the Act makes it unlawful for a public authority to act in a way which is incompatible with a Convention right. Section 7 lets a victim bring proceedings against the authority, either by way of free-standing claim or by relying on the right as part of any other case. Damages and other remedies may be awarded under section 8.

Section 3 of the Act requires the courts to read and give effect to primary legislation, so far as it is possible to do so, in a way that is compatible with Convention rights. Where that is not possible, the higher courts can make a declaration of incompatibility under section 4. A declaration does not strike down the statute; it puts Parliament on notice that the law is incompatible and invites legislative change.

The general limitation period for a free-standing section 7 claim is one year from the date of the act complained of, although the court has discretion to extend that period if it is equitable to do so. If the claim is run together with a judicial review, the much shorter judicial review time limits (three months, six weeks for planning) will apply to that strand. Speak to a solicitor as soon as possible to preserve every option.

Some rights are absolute (Article 3, for example) and can never lawfully be breached. Others, including most importantly Article 8 (private and family life) and Article 10 (expression), are qualified: the state may interfere if the interference is prescribed by law, pursues a legitimate aim such as national security or the protection of others, and is proportionate. The proportionality test is often the battleground in human rights cases.

Yes, but only after you have exhausted all effective domestic remedies in the UK courts, and you must usually lodge your application in Strasbourg within four months of the final domestic decision (this timeframe was shortened from six months in 2022). The Strasbourg court is a court of last resort, not a first port of call.