Talk:Human Rights Act 1998

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Untitled[edit]

I have a question regarding the current controversy in the Episcopal Church in America. One party claims by virtue of its connection the "the Anglican Communion", that is, the worldwide collaboration of churches sprung from the Church of England, that the American Church should not have the right or the authority to elect a practicing homosexual a bishop in the American Episcopal Church. Does the position of the people who are opposed to gay bishops in America violate the Human Rights Act of 1998? I realize there are many ancillary questions arising from this query, and I am not a lawyer, but I would like to hear a comment from anyone who knows more about these issues than I do.

No. (1) The HRA does not apply to the Episcopal Church of the USA - they are governed by the laws of the United States and not those of the United Kingdom. In any case it only applies to acts of public authorities and not to the opinions of individuals. (2) The Anglican Communion is a voluntary confederation of independent churches. The Church of England has no formal authority over the other member churches. Duncan Keith 00:08, 16 July 2006 (UTC)[reply]

I expanded the introduction and the jurisdiction section, to set out more clearly the way in which the HRA works, and to whom it applies. However, it now overlaps and contradicts the 'mechanics' section: this section is not wholly correct, because the Act works in more ways than the ones set out there - perhaps someone with more time than me can correct this? user: Eduardogill 11:08, 29 Oct 2004 (UTC)

"The passing of the act gave the ability to Britons who believe their rights have been violated to defend their right in a British court. Previously they would have had to resort to the European Court of Human Rights." This could (erroneously) be interpreted as saying that no human rights-cases at all could be tried in British courts prior to the act, as if freedom of speech, freedom of religion, etc. we're granted for the first time by the passing of this act. Anyone know of a good way to rephrase this? --Gabbe 12:06, May 10, 2004 (UTC)

Speed cameras: against self-incrimination[edit]

Wasn't this case refered to the Privy Council? Why should they have jurisdiction in England? Wasn't it said that the right to a fair trial could be qualified in the interests of justice? Article 6 creates an unqualified right.... Does anyone have anything on this that does not amount to Original Research? lmno 02:01, 20 February 2006 (UTC)[reply]

However the five law lords, sitting as the Privy Council, which is now the final court of appeal on devolution cases from Scotland, have now ruled that such evidence is admissible, as the driver's right to a fair trial and privacy has to be balanced with the right to safety of the wider community.
The judgment would not be binding in England, since the House of Lords is the final court of appeal there; it still appears that Article 6 right to a fair trial, as an unqualified right (which is fundamental to a democratic state), cannot be "balanced with the right to safety of the wider community" - it may only be derogated from in whole. Does anyone care? lmno 12:01, 7 March 2006 (UTC)[reply]

Neutral point of view[edit]

This article seems to breech Wikipedia:Neutral point of view from para. 6 onwards in the last section?

Para 6 being??
Yup, could also use some references. Reads like a blog rant. 84.9.92.72 22:13, 25 June 2006 (UTC)[reply]
I've put in a NPOV-check. -Admbws 17:16, 8 August 2006 (UTC)[reply]

Needs references, but it's certainly not biased; it's indisputable that there have been many claims of abuse of the Human Rights Act, none of which are justified. 24.59.105.229 04:57, 13 October 2006 (UTC)[reply]

The whole section on 'political context' is a biased leftist rant from beginning to end. Phrases such as "have therefore been exploited by the ignorant and the reactionary as an opportunity to criticise judges and the Act" can hardly be viewed as NPOV. I intend to rewrite parts of this section, unless anyone objects. Walton monarchist89 11:42, 6 November 2006 (UTC)[reply]
I have cleared up the POV comments, and also moved the detailed account of the Afghan hijackers case to a new article. I have removed the neutrality tag. Walton monarchist89 14:35, 7 November 2006 (UTC)[reply]

Cleaning up this article[edit]

Reviewing this article I think it's need of rather a lot of clean-up. I have began by fleshing out (and renaming) the "Mechanics of the Act" section (now: Rights protection under the Act). The original version provided no references to the sections of the Act and made some rather loose statements. This section no longer provides any sort of commentary on the sections. I do not believe that it should. I will however add verifiable and non-POV commentary in future by reworking the "history of the Act section" (which is also largely unsourced at the moment) and developing the coverage of subsequent case law under the Act. A more rational approach to subsequent political treatment of the Act is also needed, it is presently lumped in with the "history" and amounts to no more than a series of out of date, unsourced remarks. What about David Cameron suggesting he would replace the Act altogether with a British Bill of Rights? Antisthenes 00:58, 1 February 2007 (UTC)[reply]


I think David Cameron's comments in this respect should be given the coverage they deserve - absolutely none. I think its doubtful that the Conservatives would waste time replacing the HRA rather than simply amend it if they see fit. It is simply political rhetoric, and ignores the fact that if the UK courts don't enforce these ECHR rights, then there will always be the possibility for an individual to have them enforced in Strasbourg (the HRA simply means it is cheaper and easier for individuals in the UK). Trying to remain objective here, but as someone else has pointed out already - the idea of the HRA being abused is grossly exaggerated (is it so terrible that prisoners can rely on the HRA to avoid having to "slop out" for example?). The government white paper on the HRA even pointed out itself - the HRA is already in a sense a British bill of rights. I think adding more political aspects to the article brings a danger of wandering into un-encyclopaedic territory. - SCL 14:17, 11 March 2007 (UTC)

Section 10[edit]

Section 10 (Power to take remedial action) only says a Minister ‘may’, but not ‘must’, change the law; nor does it place a time-limit on the change. This has become interesting in the DNA database case and the case about prisoners voting. – Kaihsu (talk) 17:45, 21 April 2009 (UTC)[reply]

Bias[edit]

Rebuttals are made to an old Conservative criticism - no such rebuttal is offered in the article to the Left wing criticism. How unbiased, how fair! 98.176.7.5 (talk) 01:24, 9 November 2011 (UTC)[reply]

Sections 6,7 and 8 HRA: The Duty on Public Authorities[edit]

HRA imposing a duty on public authorities. What is a public authority???? — Preceding unsigned comment added by ArKaranasiou (talk • contribs) 12:10, 1 February 2013 (UTC)[reply]

The act doesn't define the term, although it does say that it includes courts and tribunals and excludes parliament. There's a lot of case law on the subject. Francis Davey (talk) 12:06, 2 February 2013 (UTC)[reply]

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