Lecture notes
HRA 1998
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- University Of Leicester (LE)
The Human Rights Act 1998
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Lecture 34: The ECHR and the‘pre-HRA’ position
What is the ECHR
- International treaty created after WWII.
- 50 original states to the instrucmets, open for signature 70 years ago, UK agreed to
ratify it (bound by it) in 1951. 1 of the original 50. Now is made of 47 such as Russia,
Armenia etc. Musch bugger than the EC, ratified it but didn’t make it domestic law
until the HRA in 1998.
- International sttaus of the ECHR, didn’t beome domestic law in the UK until 1998.
- ECHR is special compares to UDHR (Universal declaration of human rights) compared
to ECHR – provided obligations to the states under the international instrument.
- System works as its different to EC law, which is about harmonising European
practiced. ECHR establishes human rights which the states ascribing to it undertakes
all of what comes under the law.
- The system works as follows – states subscribing to EC accept that as part of
membership, Individuals can access European Courts of Haman rights in Strasbourg.
- Stipulated that for people to take a valid case to European court of human rights,
individuals must first “Exhaust their domestic options first.”
- In context of March lockdown, the situation was detention (would raise the issue of
the Section 1(E) – people can be detained for the prevention of the spreading of
infectious diseases.
‘Common mistakes’ Klaxon”
- The European Court of Human Rights in the Court of the Council of Europe, and gives
judgements based on the European Convention of Human rights ECHR which
operated in the UK under the Human Rights Act 1998.
- The European Court of Human Rights is not a part of the European Union. Brexit will
not impact the HRA or the status of the ECHR in the UK’s law.
- June 2016 referendum was about leaving the UE, remains a party of the ECHR, UK
Govt said it has no plans to leave the ECHR, however there’s plans to change or
repeal the Human Rights Act 1998.
The external role/ influence of the ECHR before the HRA:
- Treaties do not automatically become a part of domestic law in the UK.. therefore
prior to the HRA, the eCHR was an ‘unincorporated’ treaty
- Still, from the 1970’s onwards, this external influence of the ECHR was considerable
(UK bound at international law: Art 46(1) ECHR)
Before the HRA:
- Prior to HRA, UK had nothing equivalent to the Bill of rights.
- Jistory:
o Magna Carta of 1215 (beginning of the protection of the human rights. Weve
never had a constitutional memnt to establish something like the Bill of
Rights)
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