人权与欧盟保留法
1998年人权法、欧洲人权公约权利和脱欧后保留的欧盟法。
简介
人权立法保护通过1998年人权法纳入英国法律的基本自由。
核心原则
Section 3 HRA — Interpretive Obligation: So far as it is possible to do so, legislation must be read and given effect in a way compatible with Convention rights. This is a strong interpretive tool (Ghaidan v Godin-Mendoza [2004]).
Section 4 HRA — Declaration of Incompatibility: Where legislation cannot be read compatibly, a higher court may issue a declaration of incompatibility. This does not invalidate the legislation but signals to Parliament that reform is needed (Bellinger v Bellinger [2003]).
Section 6 HRA — Public Authority Duty: It is unlawful for a public authority to act in a way incompatible with a Convention right, unless required to do so by primary legislation.
Article 2 ECHR — Right to Life: Imposes positive obligations on the state to protect life and investigate deaths (Osman v UK [1998]). Extends to obligations on police, prisons, and healthcare.
Article 8 ECHR — Right to Private and Family Life: Protects privacy, family relationships, home, and correspondence. Interference must be 'in accordance with the law', pursue a legitimate aim, and be 'necessary in a democratic society' (proportionate).
Article 10 ECHR — Freedom of Expression: Protects speech, press freedom, and artistic expression. Can be restricted where necessary for national security, prevention of disorder, protection of reputation, or maintaining judicial authority.
Article 6 ECHR — Right to a Fair Trial: Guarantees access to an independent and impartial tribunal, the presumption of innocence in criminal cases, and minimum rights for the accused.
Retained EU Law — The EUWA 2018 preserved EU law as it stood at 31 December 2020. The Retained EU Law Act 2023 has revoked, reformed, or 'assimilated' much of this body of law. Key retained areas include employment rights (Working Time Regulations), consumer protection, environmental law, and data protection (UK GDPR).
关键法规
Human Rights Act 1998
European Union (Withdrawal) Act 2018
Retained EU Law (Revocation and Reform) Act 2023
Equality Act 2010
Data Protection Act 2018
重要判例
常见情景
Police fail to investigate threats against you
Article 2 ECHR imposes a positive obligation on the state (including police) to take preventive operational measures to protect individuals whose life is at real and immediate risk (Osman v UK [1998]). Failure to act may give rise to a claim under s.7 HRA 1998 against the police as a public authority.
Newspaper publishes private photographs without consent
This engages Article 8 (privacy) balanced against Article 10 (press freedom). Following Campbell v MGN [2004], the court considers whether the claimant had a reasonable expectation of privacy and, if so, whether the publisher's freedom of expression outweighs the privacy interest. The Misuse of Private Information tort has developed from this balancing exercise.
Employer monitors your emails at work
Workplace surveillance engages Article 8 ECHR. Under Bărbulescu v Romania [2017] (ECtHR Grand Chamber), employees must be notified in advance of monitoring. Domestically, the Data Protection Act 2018 and UK GDPR require a lawful basis, transparency, and proportionality for processing employee data.
EU-derived rights affected by post-Brexit reform
The Retained EU Law Act 2023 revoked approximately 600 pieces of retained EU law by 31 December 2023. Where rights derived from EU law (e.g. working time, agency workers' rights) have been 'assimilated', they continue as domestic law but can be more easily amended by secondary legislation. Specific reforms should be checked against the latest statutory instruments.