Human Rights Act 1998 (c. 42)

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Human Rights Act 1998

1998 CHAPTER 42

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Introduction

    1. 1. The Convention Rights.

    2. 2. Interpretation of Convention rights.

  2. Legislation

    1. 3. Interpretation of legislation.

    2. 4. Declaration of incompatibility.

    3. 5. Right of Crown to intervene.

  3. Public authorities

    1. 6. Acts of public authorities.

    2. 7. Proceedings.

    3. 8. Judicial remedies.

    4. 9. Judicial acts.

  4. Remedial action

    1. 10. Power to take remedial action.

  5. Other rights and proceedings

    1. 11. Safeguard for existing human rights.

    2. 12. Freedom of expression.

    3. 13. Freedom of thought, conscience and religion.

  6. Derogations and reservations

    1. 14. Derogations.

    2. 15. Reservations.

    3. 16. Period for which designated derogations have effect.

    4. 17. Periodic review of designated reservations.

  7. Judges of the European Court of Human Rights

    1. 18. Appointment to European Court of Human Rights.

  8. Parliamentary procedure

    1. 19. Statements of compatibility.

  9. Supplemental

    1. 20. Orders etc. under this Act.

    2. 21. Interpretation, etc.

    3. 22. Short title, commencement, application and extent.

  10. Schedules:

    1. Schedule 1

      The Articles.

      1. Part I

        The Convention.

      2. Part II

        The First Protocol.

      3. Part III

        The Sixth Protocol.

    2. Schedule 2

      Remedial Orders.

    3. Schedule 3

      Derogation and Reservation.

      1. Part I

        Derogation.

      2. Part II

        Reservation.

    4. Schedule 4

      Judicial Pensions.

An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes.

[9th November 1998]

Be it enacted by the Queen´s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:–

Introduction

1 The Convention Rights

(1) In this Act "the Convention rights" means the rights and fundamental freedoms set out in–

(a) Articles 2 to 12 and 14 of the Convention,

(b) Articles 1 to 3 of the First Protocol, and

(c) Articles 1 and 2 of the Sixth Protocol,

as read with Articles 16 to 18 of the Convention.

(2) Those Articles are to have effect for the purposes of this Act subject to any designated derogation or reservation (as to which see sections 14 and 15).

(3) The Articles are set out in Schedule 1.

(4) The Secretary of State may by order make such amendments to this Act as he considers appropriate to reflect the effect, in relation to the United Kingdom, of a protocol.

(5) In subsection (4) "protocol" means a protocol to the Convention–

(a) which the United Kingdom has ratified; or

(b) which the United Kingdom has signed with a view to ratification.

(6) No amendment may be made by an order under subsection (4) so as to come into force before the protocol concerned is in force in relation to the United Kingdom.

2 Interpretation of Convention rights

(1) A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any–

(a) judgment, decision, declaration or advisory opinion of the European Court of Human Rights,

(b) opinion of the Commission…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.