Human Rights
This part of the topic index contains resources on human rights. Please select the resource that you require by clicking on the relevant tab below.
4
resources
These resources are maintained, meaning that we monitor developments on a regular
basis and update them as soon as possible.
| 1 | Human Rights Act 1998: overview A note on the European Convention on Human Rights and its interaction with the Human Rights Act 1998 including links to relevant PLC content. | Practice notes | Maintained |
| 2 | Interpreting legislation under section 3 of the Human Rights ... This practice note explains the rule under section 3 of the Human Rights Act 1998 that, so far as possible, legislation must be read and given effect in a way compatible with the European Convention on Human Rights. The note explains: The scope of the rule and how it applies to various types of legislation. How the courts have approached its application. The limits of what kinds of interpretation are "possible" to achieve human rights compliance. | Practice notes | Maintained |
| 3 | The retrospective effect of the Human Rights Act 1998 A note on the extent to which Convention rights may be relied on in relation to acts of public authorities that occurred before the Human Rights Act 1998 came into force on 2 October 2000. | Practice notes | Maintained |
| 4 | What constitutes a public authority for the purposes of the ... This practice note examines what constitutes a public authority for the purposes of the Human Rights Act 1998. The distinction between public authorities and public functions and private bodies and private functions is unclear, particularly in relation to hybrid bodies, where only some functions may be public (section 6(5), HRA). The position is made more difficult with public/private partnership arrangements and public bodies contracting out functions to the private sector. This distinction is important because a public authority must not act in a way that is incompatible with the Convention rights (section 6, HRA). | Practice notes | Maintained |