PUBLIC LAW 2 Exam Revision
[Human Rights Act 1998]
The HRA incorporated rights protected in the European Convention of HR 1950 into domestic law, thus providing a code of human rights which is enforceable in domestic court.
HRA – a comprehensive collection of essential and enshrined basic rights of various kinds –
– Civil rights (to education, property, family, fair trial etc)
– Political rights (to vote, beliefs, assembly/association)
– Protections (torture, slavery, punishment without law)
– Liberties, Freedoms (expression, assembly, from arrest
Section 1 – Sets out which articles of the convention are to be incorporated in the act which include articles 2-12 and 14-16. These rights are to be guaranteed and subjected to certain limitations.
Section 2 – All courts are required to take into consideration the entire jurisprudence of ECHR and Commissions etc.
Section 3 – Most crucial, all primary and secondary legislation whenever enacted must be constructed and given effect to be compatible with convention rights in section 1
This can be seen in the case of [ Mykowi & others v Botterill 2010]
Step parents who had a family life with step children entitled to claim [even if step child not accepted as if a child of the step parent as such, still had a family life although no obligation of aliment or PRRs].