Protection of Human Rights in the UK

• The Human Rights Act 1998 cam into force in 2000 which incorporated the European Convention of Human Rights (ECHR's) into UK law and gave power to UK courts to hear human rights cases.
• s1 HRA 1998

  Incorporation

  Incorporated the ECHR's into UK law.
• s2 HRA 1998

  a court or tribunal must take into account all past judgements, decisions, declarations and opinions of the ECtHR's. however, it only creates persuasive precedent.
• s3 HRS 1998

  all UK laws must be interpreted to be compatible with the rights in the convention
• Mendoza

  The Rent Act 1977 was interpreted to give same sex couples the same rights. it meant that the tenancy could pass to the surviving partner in a same sex relationship
• s4 HRA 1998

  Declarations of incompatibility

  this is where the court can declare a current UK law doesn't comply with the ECHR's.

  where the court makes a declaration of incompatibility the parties must still follow UK law.