National Human Rights Law

Take account of any decisions, judgement or opinion of the European Court of Human Rights (ECtHR)

Interpret legislation, as far as possible, in a way which is compatible with Convention rights

Issue a Statement of incompatibility in the case of Primary legislation

Strike down Secondary or Subordinate legislation

Individuals can go to court or tribunal and argue a case under the HRA if they believe their human rights have been violated by a public authority

If it is held that the public authority has violated the claimant’s rights the Court is empowered to “grant such relief or remedy, or make such order within its powers as it considers just and appropriate”

This can include an award of damages although the HRA provides additional restrictions on the Court’s capacity to make such an award

If a claimant is unsuccessful in the domestic system, they can still pursue their claim at the ECtHR after exhausting all domestic remedies

Is incompatible with any Convention rights

Is incompatible with Protocol Article 2
(see Human Rights after Brexit)

Modifies an enactment in breach of section 7

Aids or incites discrimination against a person / class of person on that ground

Discriminates against a person or class of person on the grounds of religious belief or political opinion

Incompatible with any international obligations

Incompatible with the interests of defence or national security

Incompatible with the protection of public safety or public order

Negatively effecting the operation of the single market in goods and services within the UK