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Human Rights: Reform

The case for keeping the Human Rights Act

  • 3 things to know
  • Components 2 and 3

Overview

Access to justice argument for the Act, argument from the international standing of the United Kingdom and argument that the Act already respects Parliament.

What you need to know

Answer each one before you reveal it.

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Key term

What has the Human Rights Act achieved in practice?

Key term

How does the Human Rights Act relate to the devolution settlements?

Key term

On balance, what is the strongest case for retention?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is the access to justice argument for the Act?

    Model answer

    The Act allows Convention rights to be argued in a domestic court. Without it a claimant must exhaust domestic remedies and then litigate in Strasbourg, which takes years and considerable money.

  2. 2

    How does the Act protect people with little political power?

    Model answer

    The Act gives individuals a remedy against the state regardless of whether their cause commands public support. Detained people, patients, children in care and asylum seekers have all relied on it.

  3. 3

    What has the Act achieved in practice?

    Model answer

    Cases under the Act have improved investigation of deaths in state custody, changed the treatment of vulnerable people in care, and required reasons for administrative decisions. Public authorities also assess compatibility before acting.

  4. 4

    How does the Act affect the behaviour of public authorities day to day?

    Model answer

    Section 6 requires every public authority to act compatibly, so compatibility is assessed before decisions are taken. Most of the Act's effect is therefore preventive rather than litigated.

  5. 5

    What is the argument from the international standing of the United Kingdom?

    Model answer

    Supporters argue that a state urging others to respect rights weakens its position by diluting its own protections. Withdrawal or dilution would be cited by governments the United Kingdom criticises.

  6. 6

    How does the Act relate to the devolution settlements?

    Model answer

    Convention rights are embedded in the devolution statutes for Scotland, Wales and Northern Ireland. A devolved legislature cannot enact a measure incompatible with them. Repeal of the Act therefore reaches the whole United Kingdom constitution rather than England alone.

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