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> What are the differences between the Human Rights Act 1998 and the European Convention on Human Rights?
What are the differences between the Human Rights Act 1998 and the European Convention on Human Rights?
The Human Rights Act 1998 (HRA) has incorporated the European Convention on Human Rights (ECHR) into UK law. Prior to the act coming into force on 2 October 2000 it was necessary to wait until your case had been through all the UK courts before you could ask the European Court of Human Rights in Strasbourg to consider your case. The whole process could take over 7 years so the fundamental impact the Human Rights Act has made is that it is now much easier and quicker to rely on the articles in the convention than prior to incorporation.
The substantive articles contained in the HRA are exactly the same as in the ECHR. However two of the Articles are not included, Article 1 and Article 13. Under Article 1 of the ECHR rights and freedoms included in the Convention shall be secured to all people within the jurisdiction. Article 13 is the Right to an Effective Remedy. The Government felt it was not necessary to incorporate these Articles as the HRA means that convention rights are secured though domestic courts available to all and this in itself provides the effective remedy.
One important point to remember is that the coming into force of the HRA does not mean that you can no longer petition the European Court of Human Rights in Strasbourg. The fact that UK courts have rejected arguments under the HRA does not stop you using the same arguments in Strasbourg. However, the Strasbourg Court will only consider your case if you have exhausted all domestic remedies, so you will be expected to bring a claim under the HRA in a domestic court before considering going to Strasbourg.
The substantive articles contained in the HRA are exactly the same as in the ECHR. However two of the Articles are not included, Article 1 and Article 13. Under Article 1 of the ECHR rights and freedoms included in the Convention shall be secured to all people within the jurisdiction. Article 13 is the Right to an Effective Remedy. The Government felt it was not necessary to incorporate these Articles as the HRA means that convention rights are secured though domestic courts available to all and this in itself provides the effective remedy.
One important point to remember is that the coming into force of the HRA does not mean that you can no longer petition the European Court of Human Rights in Strasbourg. The fact that UK courts have rejected arguments under the HRA does not stop you using the same arguments in Strasbourg. However, the Strasbourg Court will only consider your case if you have exhausted all domestic remedies, so you will be expected to bring a claim under the HRA in a domestic court before considering going to Strasbourg.
