Human Rights Act 1998 Repeal Bill — 4 Dec 2012 at 12:46

The majority of MPs voted not to repeal the the Human Rights Act 1998.

The Human Rights Act gives effect in UK law to the European Convention on Human Rights. Section 6 of the Human Rights Act makes it unlawful for a public authority to act in a way which is incompatible with a Convention right, unless primary legislation gives no other option.

The Human Rights Act requires UK courts to take into account judgments, decisions, declarations and advisory opinions of the European Court of Human Rights as well as opinions of the European Commission and Committee of Ministers in connection with convention rights.

The impact, if any, of repealing the Human Rights Act, while remaining a party to the European Convention on Human Rights is unclear. James Hope, the Deputy President of the Supreme Court of the United Kingdom has stated:

• it’s very difficult to see how simply wiping out the Human Rights Act is really going to change anything until we withdraw from the convention – which, personally, I don’t think is conceivable.’

The rights covered by the Human Rights Act relate to Articles 2 to 12 and 14 of the Convention which cover:

Right to life

Prohibition of torture

Prohibition of slavery and forced labour

Right to liberty and security

Right to a fair trial

No punishment without law

Right to respect for private and family life

Freedom of thought, conscience and religion

Freedom of expression

Freedom of assembly and association

Right to marry

Right to an effective remedy

Prohibition of discrimination

and Articles 1 to 3 of the First Protocol which cover:

Protection of property

Right to education

Right to free elections

and Article 1 of the Thirteenth Protocol which relates to the abolition of the death penalty.

The motion rejected in this vote was:

• That leave be given to bring in a Bill to repeal the Human Rights Act 1998; and for connected purposes.

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• [1] Are Supreme Court justices more assertive than they were as law lords?, Joshua Rozenberg, The Law Society Gazette, 5 August 2010

Debate in Parliament | Source |