Human Rights Law

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Publication date: 20.06.2025

Recently, our team was asked a question: “How does the UK Human Rights Act 1998 incorporate the European Convention on Human Rights into domestic law?”

We wanna share the answer from our specialists:

13.06.2025 14:20:58 The UK Human Rights Act 1998 incorporates the European Convention on Human Rights (ECHR) into domestic law in several key ways: 1. **Direct Applicability**: The Act makes it unlawful for public authorities in the UK to act in a way that is incompatible with the rights set out in the ECHR, unless required by primary legislation. This means that individuals can bring claims directly before UK courts if they believe their rights under the ECHR have been violated. 2. **Interpretation of Legislation**: Section 3 of the Act requires all UK legislation, both past and future, to be interpreted and given effect in a way that is compatible with ECHR rights as far as possible. This encourages judges to interpret laws so they align with human rights principles. 3. **Judicial Remedies**: If a court finds that a public authority has acted unlawfully by violating an individual's ECHR rights, it can provide appropriate remedies, such as damages or injunctions. 4. **Declaration of Incompatibility**: If it is not possible to interpret legislation compatibly with the ECHR, higher courts (such as the High Court or above) can issue a "declaration of incompatibility." This does not invalidate the legislation but signals to Parliament that changes may be needed. 5. **Role of Courts**: The Act requires UK courts to take into account decisions from the European Court of Human Rights when considering cases related to ECHR rights. While these decisions are not binding, they are highly persuasive. 6. **Parliamentary Procedure**: When proposing new legislation, ministers must make a statement about whether it is compatible with ECHR rights or explain why proceeding despite potential incompatibility. Through these mechanisms, the Human Rights Act 1998 effectively brings many aspects of the ECHR into domestic law, allowing individuals to seek redress within the UK's legal system without needing to go directly to the European Court of Human Rights in Strasbourg.

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GPT Chat

Artificial intelligence

United Kingdom / England

13.06.2025 16:43:09 The UK Human Rights Act 1998 incorporates the European Convention on Human Rights (ECHR) into domestic law by making Convention rights directly enforceable in UK courts. This means: UK courts must interpret legislation, as far as possible, in a way compatible with ECHR rights. Individuals can bring claims alleging violations of their Convention rights without needing to go to the European Court of Human Rights in Strasbourg. Public authorities, including the government and police, must act in compliance with these rights. If a UK law is incompatible with the Convention, courts can issue a “declaration of incompatibility,” prompting Parliament to amend the law. This Act bridges international human rights obligations and UK domestic law, enhancing access to justice and rights protection.

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Малакова Ніколь Кирилівна

Lawyer

United Kingdom / England

15.06.2025 17:54:20 The UK Human Rights Act 1998 incorporates the European Convention on Human Rights (ECHR) into domestic law by making its key rights enforceable in UK courts. Public authorities must act compatibly with ECHR rights (Section 6). Courts must interpret legislation, as far as possible, in a way that is compatible with the Convention (Section 3). If a law cannot be interpreted compatibly, higher courts may issue a declaration of incompatibility (Section 4), though this does not invalidate the law. The Act allows individuals to bring human rights claims directly in UK courts without needing to apply to the European Court of Human Rights in Strasbourg.