What is the human rights act?

The Human Rights Act 1998 is a UK law that brings the rights in the European Convention on Human Rights into domestic law. It came into force on 2 October 2000. It lets people take human rights cases to UK courts and requires public bodies, such as police, councils and hospitals, to respect those rights.

The Act covers rights such as the right to life, freedom from torture, liberty and a fair trial. It also protects private and family life, free expression, religion, assembly and freedom from discrimination. Before it, people had to take cases to the European Court of Human Rights in Strasbourg. The Convention itself dates from 1950, and the UK helped write it.

Courts must read laws in a way that fits Convention rights where possible. If they cannot, senior courts can issue a declaration of incompatibility. That does not strike the law down. Parliament decides whether to change it, which protects parliamentary sovereignty. Public bodies must act compatibly with Convention rights unless an Act of Parliament leaves them no choice. Victims can seek a remedy in court, including damages in some cases.

The Act is controversial. Supporters say it protects ordinary people, including bereaved families and care home residents, against the state. Critics say it gives judges too much power and makes it harder to deport foreign criminals, especially through the right to family life. Some parties propose replacing it with a British bill of rights or leaving the Convention altogether.