The legal framework
The Human Rights Act 1998 makes Convention rights enforceable in domestic courts. Its central compromise is section 4: where a statute cannot be read compatibly, the court issues a declaration of incompatibility, which leaves the statute in force and puts the matter back to Parliament. The Equality Act 2010 covers discrimination, and Strasbourg remains available after domestic remedies are exhausted.
Key points
| Statute | Human Rights Act 1998, incorporating the European Convention |
|---|---|
| Declaration of incompatibility | Courts cannot invalidate an Act of Parliament |
| Public authorities | Acting incompatibly with Convention rights is unlawful |
| Equality Act 2010 | Discrimination in work, services, education and housing |
| Judicial review | Usually within three months of the decision challenged |
| Strasbourg | Four months from the final domestic decision |
| Section 3 | Courts must read legislation compatibly with Convention rights so far as possible |
| Public authority | Includes bodies exercising functions of a public nature, not only government |
| Damages | Available for breach, but awards are modest and discretionary |
In practice
- Exhaust domestic remedies first: no regional or international body will look at a case before that.
- Watch the deadlines — several are counted in months from the final domestic decision.
- Complain to the national human rights institution first: it is free and sometimes enough.
- Keep every decision, letter and acknowledgement: regional bodies will ask for the full record.
- Frame the claim against the public authority and identify the specific Convention right engaged.
Where to go
- Equality and Human Rights Commission.
- Liberty and other advice organisations.
- Citizens Advice for a first assessment.
Worth knowing
The judicial review time limit is short — promptly and in any event within three months. Missing it usually ends the case regardless of its merits. Section 3 does most of the practical work. A declaration of incompatibility is rare; a compatible reading of the statute is the usual outcome.
Official sources and links
- GOV.UK — official portal for public services and rights
- legislation.gov.uk — the statute book as enacted and revised