SUMMARY

1 English law has always been capable of protecting human rights but has not always shown that it can be relied upon to do so.

2 The European Convention for the Protection of Human Rights and Fundamental Freedoms, which came into force in 1953 and is usually known simply as the European Convention on Human Rights (ECHR), has never been incorporated into English law by Act of Parliament.

3 However, the Human Rights Act 1998 creates and defines an English law concept of Convention rights.

4 The Act goes on to provide that in cases where Convention rights are relevant, English courts must

– take into account the law as developed by the Court of Human Rights (which sits at Strasbourg and interprets and applies the ECHR); and,

– wherever it is possible to do so, must also interpret Acts of Parliament in such a way as to make them compatible with Convention rights.

5 The Act also provides that it is unlawful for public bodies to act in ways which are incompatible with Convention rights.

6 European Union law has always had the ability to protect human rights in some cases and this ability has been further demonstrated by both the adoption of the European Union Charter of Fundamental Rights and by the Treaty of Lisbon’s recognition that the rights, freedoms and principles set out in that Charter have the same legal value as the Union’s Treaties.