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Home > Human Rights & Humanitarian Law > UK Human Rights Act 1998
An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes. [9th November 1998] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- | |
Introduction | |
The Convention Rights. | 1. - (1) In this Act "the Convention rights" means the rights and fundamental freedoms set out in- |
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as read with Articles 16 to 18 of the Convention. | |
(2) Those Articles are to have effect for the purposes of this Act subject to any designated derogation or reservation (as to which see sections 14 and 15). | |
(3) The Articles are set out in Schedule 1. | |
(4) The Secretary of State may by order make such amendments to this Act as he considers appropriate to reflect the effect, in relation to the United Kingdom, of a protocol. | |
(5) In subsection (4) "protocol" means a protocol to the Convention- | |
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(6) No amendment may be made by an order under subsection (4) so as to come into force before the protocol concerned is in force in relation to the United Kingdom. | |
Interpretation of Convention rights. | 2. - (1) A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any- |
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whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen. | |
(2) Evidence of any judgment, decision, declaration or opinion of which account may have to be taken under this section is to be given in proceedings before any court or tribunal in such manner as may be provided by rules. | |
(3) In this section "rules" means rules of court or, in the case of proceedings before a tribunal, rules made for the purposes of this section- | |
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Legislation | |
Interpretation of legislation. | 3. - (1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights. |
(2) This section- | |
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Declaration of incompatibility. | 4. - (1) Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a Convention right. |
(2) If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility. | |
(3) Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with a Convention right. | |
(4) If the court is satisfied- | |
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it may make a declaration of that incompatibility. | |
(5) In this section "court" means- | |
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(6) A declaration under this section ("a declaration of incompatibility")- | |
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Right of Crown to intervene. | 5. - (1) Where a court is considering whether to make a declaration of incompatibility, the Crown is entitled to notice in accordance with rules of court. |
(2) In any case to which subsection (1) applies- | |
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is entitled, on giving notice in accordance with rules of court, to be joined as a party to the proceedings. | |
(3) Notice under subsection (2) may be given at any time during the proceedings. | |
(4) A person who has been made a party to criminal proceedings (other than in Scotland) as the result of a notice under subsection (2) may, with leave, appeal to the House of Lords against any declaration of incompatibility made in the proceedings. | |
(5) In subsection (4)- | |
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Public authorities | |
Acts of public authorities. | 6. - (1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right. |
(2) Subsection (1) does not apply to an act if- | |
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(3) In this section "public authority" includes- | |
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but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament. | |
(4) In subsection (3) "Parliament" does not include the House of Lords in its judicial capacity. | |
(5) In relation to a particular act, a person is not a public authority by virtue only of subsection (3)(b) if the nature of the act is private. | |
(6) "An act" includes a failure to act but does not include a failure to- | |
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Proceedings. | 7. - (1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may- |
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but only if he is (or would be) a victim of the unlawful act. | |
(2) In subsection (1)(a) "appropriate court or tribunal" means such court or tribunal as may be determined in accordance with rules; and proceedings against an authority include a counterclaim or similar proceeding. | |
(3) If the proceedings are brought on an application for judicial review, the applicant is to be taken to have a sufficient interest in relation to the unlawful act only if he is, or would be, a victim of that act. | |
(4) If the proceedings are made by way of a petition for judicial review in Scotland, the applicant shall be taken to have title and interest to sue in relation to the unlawful act only if he is, or would be, a victim of that act. | |
(5) Proceedings under subsection (1)(a) must be brought before the end of- | |
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but that is subject to any rule imposing a stricter time limit in relation to the procedure in question. | |
(6) In subsection (1)(b) "legal proceedings" includes- | |
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(7) For the purposes of this section, a person is a victim of an unlawful act only if he would be a victim for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act. | |
(8) Nothing in this Act creates a criminal offence. | |
(9) In this section "rules" means- | |
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and includes provision made by order under section 1 of the Courts and Legal Services Act 1990. | |
(10) In making rules, regard must be had to section 9. | |
(11) The Minister who has power to make rules in relation to a particular tribunal may, to the extent he considers it necessary to ensure that the tribunal can provide an appropriate remedy in relation to an act (or proposed act) of a public authority which is (or would be) unlawful as a result of section 6(1), by order add to- | |
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(12) An order made under subsection (11) may contain such incidental, supplemental, consequential or transitional provision as the Minister making it considers appropriate. | |
(13) "The Minister" includes the Northern Ireland department concerned. | |
Judicial remedies. | 8. - (1) In relation to any act (or proposed act) of a public authority which the court finds is (or would be) unlawful, it may grant such relief or remedy, or make such order, within its powers as it considers just and appropriate. |
(2) But damages may be awarded only by a court which has power to award damages, or to order the payment of compensation, in civil proceedings. | |
(3) No award of damages is to be made unless, taking account of all the circumstances of the case, including- | |
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the court is satisfied that the award is necessary to afford just satisfaction to the person in whose favour it is made. | |
(4) In determining- | |
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the court must take into account the principles applied by the European Court of Human Rights in relation to the award of compensation under Article 41 of the Convention. | |
(5) A public authority against which damages are awarded is to be treated- | |
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(6) In this section- | |
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Judicial acts. | 9. - (1) Proceedings under section 7(1)(a) in respect of a judicial act may be brought only- |
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(2) That does not affect any rule of law which prevents a court from being the subject of judicial review. | |
(3) In proceedings under this Act in respect of a judicial act done in good faith, damages may not be awarded otherwise than to compensate a person to the extent required by Article 5(5) of the Convention. | |
(4) An award of damages permitted by subsection (3) is to be made against the Crown; but no award may be made unless the appropriate person, if not a party to the proceedings, is joined. | |
(5) In this section- | |
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Remedial action | |
Power to take remedial action. | 10. - (1) This section applies if- |
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(2) If a Minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility. | |
(3) If, in the case of subordinate legislation, a Minister of the Crown considers- | |
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he may by order make such amendments to the primary legislation as he considers necessary. | |
(4) This section also applies where the provision in question is in subordinate legislation and has been quashed, or declared invalid, by reason of incompatibility with a Convention right and the Minister proposes to proceed under paragraph 2(b) of Schedule 2. | |
(5) If the legislation is an Order in Council, the power conferred by subsection (2) or (3) is exercisable by Her Majesty in Council. | |
(6) In this section "legislation" does not include a Measure of the Church Assembly or of the General Synod of the Church of England. | |
(7) Schedule 2 makes further provision about remedial orders. | |
Other rights and proceedings | |
Safeguard for existing human rights. | 11. A person's reliance on a Convention right does not restrict- |
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Freedom of expression. | 12. - (1) This section applies if a court is considering whether to grant any relief which, if granted, might affect the exercise of the Convention right to freedom of expression. |
(2) If the person against whom the application for relief is made ("the respondent") is neither present nor represented, no such relief is to be granted unless the court is satisfied- | |
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(3) No such relief is to be granted so as to restrain publication before trial unless the court is satisfied that the applicant is likely to establish that publication should not be allowed. | |
(4) The court must have particular regard to the importance of the Convention right to freedom of expression and, where the proceedings relate to material which the respondent claims, or which appears to the court, to be journalistic, literary or artistic material (or to conduct connected with such material), to- | |
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(5) In this section- | |
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Freedom of thought, conscience and religion. | 13. - (1) If a court's determination of any question arising under this Act might affect the exercise by a religious organisation (itself or its members collectively) of the Convention right to freedom of thought, conscience and religion, it must have particular regard to the importance of that right. |
(2) In this section "court" includes a tribunal. | |
Derogations and reservations | |
Derogations. | 14. - (1) In this Act "designated derogation" means- |
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(2) The derogation referred to in subsection (1)(a) is set out in Part I of Schedule 3. | |
(3) If a designated derogation is amended or replaced it ceases to be a designated derogation. | |
(4) But subsection (3) does not prevent the Secretary of State from exercising his power under subsection (1)(b) to make a fresh designation order in respect of the Article concerned. | |
(5) The Secretary of State must by order make such amendments to Schedule 3 as he considers appropriate to reflect- | |
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(6) A designation order may be made in anticipation of the making by the United Kingdom of a proposed derogation. | |
Reservations. | 15. - (1) In this Act "designated reservation" means- |
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(2) The text of the reservation referred to in subsection (1)(a) is set out in Part II of Schedule 3. | |
(3) If a designated reservation is withdrawn wholly or in part it ceases to be a designated reservation. | |
(4) But subsection (3) does not prevent the Secretary of State from exercising his power under subsection (1)(b) to make a fresh designation order in respect of the Article concerned. | |
(5) The Secretary of State must by order make such amendments to this Act as he considers appropriate to reflect- | |
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Period for which designated derogations have effect. | 16. - (1) If it has not already been withdrawn by the United Kingdom, a designated derogation ceases to have effect for the purposes of this Act- |
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(2) At any time before the period- | |
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comes to an end, the Secretary of State may by order extend it by a further period of five years. | |
(3) An order under section 14(1)(b) ceases to have effect at the end of the period for consideration, unless a resolution has been passed by each House approving the order. | |
(4) Subsection (3) does not affect- | |
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(5) In subsection (3) "period for consideration" means the period of forty days beginning with the day on which the order was made. | |
(6) In calculating the period for consideration, no account is to be taken of any time during which- | |
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(7) If a designated derogation is withdrawn by the United Kingdom, the Secretary of State must by order make such amendments to this Act as he considers are required to reflect that withdrawal. | |
Periodic review of designated reservations. | 17. - (1) The appropriate Minister must review the designated reservation referred to in section 15(1)(a)- |
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(2) The appropriate Minister must review each of the other designated reservations (if any)- | |
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(3) The Minister conducting a review under this section must prepare a report on the result of the review and lay a copy of it before each House of Parliament. |
Judges of the European Court of Human Rights | |
Appointment to European Court of Human Rights. | 18. - (1) In this section "judicial office" means the office of- |
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(2) The holder of a judicial office may become a judge of the European Court of Human Rights ("the Court") without being required to relinquish his office. | |
(3) But he is not required to perform the duties of his judicial office while he is a judge of the Court. | |
(4) In respect of any period during which he is a judge of the Court- | |
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(5) If a sheriff principal is appointed a judge of the Court, section 11(1) of the Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies, while he holds that appointment, as if his office is vacant. | |
(6) Schedule 4 makes provision about judicial pensions in relation to the holder of a judicial office who serves as a judge of the Court. | |
(7) The Lord Chancellor or the Secretary of State may by order make such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate in relation to any holder of a judicial office who has completed his service as a judge of the Court. | |
Parliamentary procedure | |
Statements of compatibility. | 19. - (1) A Minister of the Crown in charge of a Bill in either House of Parliament must, before Second Reading of the Bill- |
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(2) The statement must be in writing and be published in such manner as the Minister making it considers appropriate. | |
Supplemental | |
Orders etc. under this Act. | 20. - (1) Any power of a Minister of the Crown to make an order under this Act is exercisable by statutory instrument. |
(2) The power of the Lord Chancellor or the Secretary of State to make rules (other than rules of court) under section 2(3) or 7(9) is exercisable by statutory instrument. | |
(3) Any statutory instrument made under section 14, 15 or 16(7) must be laid before Parliament. | |
(4) No order may be made by the Lord Chancellor or the Secretary of State under section 1(4), 7(11) or 16(2) unless a draft of the order has been laid before, and approved by, each House of Parliament. | |
(5) Any statutory instrument made under section 18(7) or Schedule 4, or to which subsection (2) applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament. | |
(6) The power of a Northern Ireland department to make- | |
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is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. | |
(7) Any rules made under section 2(3)(c) or 7(9)(c) shall be subject to negative resolution; and section 41(6) of the Interpretation Act Northern Ireland) 1954 (meaning of "subject to negative resolution") shall apply as if the power to make the rules were conferred by an Act of the Northern Ireland Assembly. | |
(8) No order may be made by a Northern Ireland department under section 7(11) unless a draft of the order has been laid before, and approved by, the Northern Ireland Assembly. | |
Interpretation, etc. | 21. - (1) In this Act- |
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(2) The references in paragraphs (b) and (c) of section 2(1) to Articles are to Articles of the Convention as they had effect immediately before the coming into force of the Eleventh Protocol. | |
(3) The reference in paragraph (d) of section 2(1) to Article 46 includes a reference to Articles 32 and 54 of the Convention as they had effect immediately before the coming into force of the Eleventh Protocol. | |
(4) The references in section 2(1) to a report or decision of the Commission or a decision of the Committee of Ministers include references to a report or decision made as provided by paragraphs 3, 4 and 6 of Article 5 of the Eleventh Protocol (transitional provisions). | |
(5) Any liability under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 to suffer death for an offence is replaced by a liability to imprisonment for life or any less punishment authorised by those Acts; and those Acts shall accordingly have effect with the necessary modifications. | |
Short title, commencement, application and extent. | 22. - (1) This Act may be cited as the Human Rights Act 1998. |
(2) Sections 18, 20 and 21(5) and this section come into force on the passing of this Act. | |
(3) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes. | |
(4) Paragraph (b) of subsection (1) of section 7 applies to proceedings brought by or at the instigation of a public authority whenever the act in question took place; but otherwise that subsection does not apply to an act taking place before the coming into force of that section. | |
(5) This Act binds the Crown. | |
(6) This Act extends to Northern Ireland. | |
(7) Section 21(5), so far as it relates to any provision contained in the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, extends to any place to which that provision extends. |
| Schedule 1 |
THE ARTICLES | |
PART I | |
THE CONVENTION | |
RIGHTS AND FREEDOMS | |
ARTICLE 2 | |
RIGHT TO LIFE | |
1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. | |
2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: | |
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ARTICLE 3 | |
PROHIBITION OF TORTURE | |
No one shall be subjected to torture or to inhuman or degrading treatment or punishment. | |
ARTICLE 4 | |
PROHIBITION OF SLAVERY AND FORCED LABOUR | |
1. No one shall be held in slavery or servitude. | |
2. No one shall be required to perform forced or compulsory labour. | |
3. For the purpose of this Article the term "forced or compulsory labour" shall not include: | |
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ARTICLE 5 | |
RIGHT TO LIBERTY AND SECURITY | |
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: | |
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2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him. | |
3. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial. | |
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. | |
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation. | |
ARTICLE 6 | |
RIGHT TO A FAIR TRIAL | |
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. | |
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. | |
3. Everyone charged with a criminal offence has the following minimum rights: | |
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ARTICLE 7 | |
NO PUNISHMENT WITHOUT LAW | |
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. | |
2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations. | |
ARTICLE 8 | |
RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE | |
1. Everyone has the right to respect for his private and family life, his home and his correspondence. | |
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. | |
ARTICLE 9 | |
FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION | |
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. | |
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. | |
ARTICLE 10 | |
FREEDOM OF EXPRESSION | |
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. | |
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | |
ARTICLE 11 | |
FREEDOM OF ASSEMBLY AND ASSOCIATION | |
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. | |
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. | |
ARTICLE 12 | |
RIGHT TO MARRY | |
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right. | |
ARTICLE 14 | |
PROHIBITION OF DISCRIMINATION | |
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. | |
ARTICLE 16 | |
RESTRICTIONS ON POLITICAL ACTIVITY OF ALIENS | |
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens. | |
ARTICLE 17 | |
PROHIBITION OF ABUSE OF RIGHTS | |
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. | |
ARTICLE 18 | |
LIMITATION ON USE OF RESTRICTIONS ON RIGHTS | |
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed. |
PART II | |
THE FIRST PROTOCOL | |
ARTICLE 1 | |
PROTECTION OF PROPERTY | |
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. | |
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties. | |
ARTICLE 2 | |
RIGHT TO EDUCATION | |
No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions. | |
ARTICLE 3 | |
RIGHT TO FREE ELECTIONS | |
The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature. |
PART III | |
THE SIXTH PROTOCOL | |
ARTICLE 1 | |
ABOLITION OF THE DEATH PENALTY | |
The death penalty shall be abolished. No one shall be condemned to such penalty or executed. | |
ARTICLE 2 | |
DEATH PENALTY IN TIME OF WAR | |
A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law. |
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REMEDIAL ORDERS | |
Orders | |
1. - (1) A remedial order may- | |
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(2) The power conferred by sub-paragraph (1)(a) includes- | |
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(3) A remedial order may be made so as to have the same extent as the legislation which it affects. | |
(4) No person is to be guilty of an offence solely as a result of the retrospective effect of a remedial order. | |
Procedure | |
2. No remedial order may be made unless- | |
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Orders laid in draft | |
3. - (1) No draft may be laid under paragraph 2(a) unless- | |
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(2) If representations have been made during that period, the draft laid under paragraph 2(a) must be accompanied by a statement containing- | |
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Urgent cases | |
4. - (1) If a remedial order ("the original order") is made without being approved in draft, the person making it must lay it before Parliament, accompanied by the required information, after it is made. | |
(2) If representations have been made during the period of 60 days beginning with the day on which the original order was made, the person making it must (after the end of that period) lay before Parliament a statement containing- | |
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(3) If sub-paragraph (2)(b) applies, the person making the statement must- | |
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(4) If, at the end of the period of 120 days beginning with the day on which the original order was made, a resolution has not been passed by each House approving the original or replacement order, the order ceases to have effect (but without that affecting anything previously done under either order or the power to make a fresh remedial order). | |
Definitions | |
5. In this Schedule- | |
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Calculating periods | |
6. In calculating any period for the purposes of this Schedule, no account is to be taken of any time during which- | |
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DEROGATION AND RESERVATION | |
PART I | |
DEROGATION | |
The 1988 notification | |
The United Kingdom Permanent Representative to the Council of Europe presents his compliments to the Secretary General of the Council, and has the honour to convey the following information in order to ensure compliance with the obligations of Her Majesty's Government in the United Kingdom under Article 15(3) of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950. | |
There have been in the United Kingdom in recent years campaigns of organised terrorism connected with the affairs of Northern Ireland which have manifested themselves in activities which have included repeated murder, attempted murder, maiming, intimidation and violent civil disturbance and in bombing and fire raising which have resulted in death, injury and widespread destruction of property. As a result, a public emergency within the meaning of Article 15(1) of the Convention exists in the United Kingdom. | |
The Government found it necessary in 1974 to introduce and since then, in cases concerning persons reasonably suspected of involvement in terrorism connected with the affairs of Northern Ireland, or of certain offences under the legislation, who have been detained for 48 hours, to exercise powers enabling further detention without charge, for periods of up to five days, on the authority of the Secretary of State. These powers are at present to be found in Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984, Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984 and Article 10 of the Prevention of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984. | |
Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984 provides for a person whom a constable has arrested on reasonable grounds of suspecting him to be guilty of an offence under Section 1, 9 or 10 of the Act, or to be or to have been involved in terrorism connected with the affairs of Northern Ireland, to be detained in right of the arrest for up to 48 hours and thereafter, where the Secretary of State extends the detention period, for up to a further five days. Section 12 substantially re-enacted Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1976 which, in turn, substantially re-enacted Section 7 of the Prevention of Terrorism (Temporary Provisions) Act 1974. | |
Article 10 of the Prevention of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984 (SI 1984/417) and Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984 (SI 1984/418) were both made under Sections 13 and 14 of and Schedule 3 to the 1984 Act and substantially re-enacted powers of detention in Orders made under the 1974 and 1976 Acts. A person who is being examined under Article 4 of either Order on his arrival in, or on seeking to leave, Northern Ireland or Great Britain for the purpose of determining whether he is or has been involved in terrorism connected with the affairs of Northern Ireland, or whether there are grounds for suspecting that he has committed an offence under Section 9 of the 1984 Act, may be detained under Article 9 or 10, as appropriate, pending the conclusion of his examination. The period of this examination may exceed 12 hours if an examining officer has reasonable grounds for suspecting him to be or to have been involved in acts of terrorism connected with the affairs of Northern Ireland. | |
Where such a person is detained under the said Article 9 or 10 he may be detained for up to 48 hours on the authority of an examining officer and thereafter, where the Secretary of State extends the detention period, for up to a further five days. | |
In its judgment of 29 November 1988 in the Case of Brogan and Others, the European Court of Human Rights held that there had been a violation of Article 5(3) in respect of each of the applicants, all of whom had been detained under Section 12 of the 1984 Act. The Court held that even the shortest of the four periods of detention concerned, namely four days and six hours, fell outside the constraints as to time permitted by the first part of Article 5(3). In addition, the Court held that there had been a violation of Article 5(5) in the case of each applicant. | |
Following this judgment, the Secretary of State for the Home Department informed Parliament on 6 December 1988 that, against the background of the terrorist campaign, and the over-riding need to bring terrorists to justice, the Government did not believe that the maximum period of detention should be reduced. He informed Parliament that the Government were examining the matter with a view to responding to the judgment. On 22 December 1988, the Secretary of State further informed Parliament that it remained the Government's wish, if it could be achieved, to find a judicial process under which extended detention might be reviewed and where appropriate authorised by a judge or other judicial officer. But a further period of reflection and consultation was necessary before the Government could bring forward a firm and final view. | |
Since the judgment of 29 November 1988 as well as previously, the Government have found it necessary to continue to exercise, in relation to terrorism connected with the affairs of Northern Ireland, the powers described above enabling further detention without charge for periods of up to 5 days, on the authority of the Secretary of State, to the extent strictly required by the exigencies of the situation to enable necessary enquiries and investigations properly to be completed in order to decide whether criminal proceedings should be instituted. To the extent that the exercise of these powers may be inconsistent with the obligations imposed by the Convention the Government has availed itself of the right of derogation conferred by Article 15(1) of the Convention and will continue to do so until further notice. | |
Dated 23 December 1988. | |
The 1989 notification | |
The United Kingdom Permanent Representative to the Council of Europe presents his compliments to the Secretary General of the Council, and has the honour to convey the following information. | |
In his communication to the Secretary General of 23 December 1988, reference was made to the introduction and exercise of certain powers under section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984, Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984 and Article 10 of the Prevention of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984. | |
These provisions have been replaced by section 14 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989, which make comparable provision. They came into force on 22 March 1989. A copy of these provisions is enclosed. | |
The United Kingdom Permanent Representative avails himself of this opportunity to renew to the Secretary General the assurance of his highest consideration. | |
23 March 1989. |
PART II | |
RESERVATION | |
At the time of signing the present (First) Protocol, I declare that, in view of certain provisions of the Education Acts in the United Kingdom, the principle affirmed in the second sentence of Article 2 is accepted by the United Kingdom only so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure. | |
Dated 20 March 1952 | |
Made by the United Kingdom Permanent Representative to the Council of Europe. |
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JUDICIAL PENSIONS | |
Duty to make orders about pensions | |
1. - (1) The appropriate Minister must by order make provision with respect to pensions payable to or in respect of any holder of a judicial office who serves as an ECHR judge. | |
(2) A pensions order must include such provision as the Minister making it considers is necessary to secure that- | |
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Contributions | |
2. A pensions order may, in particular, make provision- | |
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Amendments of other enactments | |
3. A pensions order may amend any provision of, or made under, a pensions Act in such manner and to such extent as the Minister making the order considers necessary or expedient to ensure the proper administration of any scheme to which it relates. | |
Definitions | |
4. In this Schedule- | |
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