Human Rights Act 1998

Summary

Incorporates the European Convention on Human Rights into UK domestic law, requiring public authorities to act compatibly with Convention rights and courts to interpret legislation compatibly where possible. Articles 10 (expression), 11 (assembly and association), and 3 (prohibition of torture, relevant to deportation) are of particular relevance. Declaration of incompatibility can be issued under s.4.

Relevance to the diaspora

Tamil diaspora members can rely on the HRA to challenge overbroad police restrictions on LTTE-flag-bearing protests (Art 11), challenge deportation to Sri Lanka where risk of torture exists (Arts 2, 3), and contest surveillance or counter-terrorism measures disproportionately applied to the Tamil community.

Key provisions

• s.3 — interpretive obligation to read legislation compatibly with Convention rights
• s.4 — declaration of incompatibility
• s.6 — unlawful for public authorities to act incompatibly with Convention rights
• Schedule 1 — incorporates ECHR Arts 2–12, 14, Protocols 1 and 13

Primary source

Related entries

• → European Convention on Human Rights — Articles 10, 11 (Expression and Assembly) (ECHR)
• → Terrorism Act 2000 (UK)
• → Equality Act 2010 (UK)