Human Rights in Action. Assessing the Positive Impact of the Human Rights Act 1998 in the UK

116 Pages Posted: 30 Mar 2021

See all articles by Kanstantsin Dzehtsiarou

Kanstantsin Dzehtsiarou

University of Liverpool

Silvia Falcetta

University of York

Dimitrios Giannoulopoulos

Goldsmiths University of London

Paul Johnson

University of York

Luke Clements

Cardiff University - Cardiff Law School

Frank Cranmer

affiliation not provided to SSRN

Brice Dickson

Queen's University Belfast - School of Law

Helen Fenwick

University of Durham

Conor A. Gearty

London School of Economics - Law Department

Alan Greene

University of Birmingham - Birmingham Law School

Loveday Hodson

University of Leicester - School of Law

Kagiaros Dimitrios

University of Durham , School of Law

Anna Lawson

University of Leeds - Department of Law

Conall Mallory

University of Northumbria at Newcastle

Roger Masterman

Durham Law School, Durham University

Natasa Mavronicola

Birmingham Law School, University of Birmingham, UK; University of Cambridge; Queen's University Belfast - School of Law

Colm O'Cinneide

University College London - Faculty of Laws; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Reuven (Ruvi) Ziegler

University of Reading School of Law; Refugee Studies Centre; Refugee Law Initiative; University of Johannesburg Faculty of Law

Date Written: March 3, 2021

Abstract

When the Independent Human Rights Act Review (IHRAR) was announced, the Human Rights in Action (HRiA) team were reassured, on the one hand, to see that its overriding mission would be to consider how the Human Rights Act (HRA) is working in practice and whether any change is needed.

But on the other hand, we were concerned, first by the fact that the IHRAR’s “terms of reference frame[d] the review against a politically polarised backdrop - concerning how it allegedly allows the judiciary to usurp the power of the executive for instance” and, secondly, by the fact that the terms of reference “fail to ask the cardinal question of whether the HRA has effectively protected individual rights in the UK”.

As academic human rights experts who have observed, analysed and, in collaboration with others, worked to promote – through our scholarship, teaching and public engagement activity – the indisputable positive influence of the HRA in protecting human rights in the UK, we were strongly motivated to join forces, with the ambition of providing comprehensive, evidence-based responses to the key questions being asked by the IHRAR. The HRiA project reflects, and is the mechanism that allows us to pursue, this ambition.

In the context of this project, the HRiA team invited some of the foremost human rights experts in their fields to answer the fundamental question of how the HRA has shaped UK law and UK courts over the last two decades, and to consider the questions that the IHRAR asked in its call for evidence.

The HRiA submission to the IHRAR comprises 20 contributions by 26 experts which provide answers to some of the IHRAR’s central questions, while taking particular care to highlight the continuous positive impact of the HRA in human rights protection in the UK. The individual expert contributions are reproduced in their entirety in this submission, and we are submitting them to the IHRAR with the hope that they will inform its work. We feel that, read together, they highlight the significant value of the HRA to the lives of everyone in the UK. Taking into account that this report is not a submission from a single author but a product created by a group of independent experts, we have exceeded the suggested maximum word count for a single submission.

We have made all of the contributions from the HRiA project available on our website, which we will continue to update with new contributions in the future. In addition to informing the IHRAR’s work, we remain committed to engaging with the wider public to show the positive impact of the HRA and alerting them to the risks inherent in the potential undermining of its key protections.

Keywords: Human Rights Act, European Convention on Human Rights, European Court of Human Rights, Independent Human Rights Act Review

Suggested Citation

Dzehtsiarou, Kanstantsin and Falcetta, Silvia and Giannoulopoulos, Dimitrios and Johnson, Paul and Clements, Luke and Cranmer, Frank and Dickson, Brice and Fenwick, Helen and Gearty, Conor A. and Greene, Alan and Hodson, Loveday and Dimitrios, Kagiaros and Lawson, Anna and Mallory, Conall and Masterman, Roger and Mavronicola, Natasa and O'Cinneide, Colm and Ziegler, Reuven, Human Rights in Action. Assessing the Positive Impact of the Human Rights Act 1998 in the UK (March 3, 2021). Available at SSRN: https://ssrn.com/abstract=3797048 or http://dx.doi.org/10.2139/ssrn.3797048

Kanstantsin Dzehtsiarou (Contact Author)

University of Liverpool ( email )

Brownlow Hill
Liverpool, L69 3BX
United Kingdom

HOME PAGE: http://https://www.liv.ac.uk/law/staff/kanstantsin-dzehtsiarou/

Silvia Falcetta

University of York ( email )

Heslington
University of York
York, YO10 5DD
United Kingdom

Dimitrios Giannoulopoulos

Goldsmiths University of London ( email )

Deptford Town Hall building
New Cross
London, Lewisham UB10 8JJ
United Kingdom

Paul Johnson

University of York ( email )

Heslington
University of York
York, YO10 5DD
United Kingdom

HOME PAGE: http://www.york.ac.uk/sociology/our-staff/academic/paul-johnson/

Luke Clements

Cardiff University - Cardiff Law School ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom
+44 (0)29 208 74360 (Phone)
+44 (0)29 208 74097 (Fax)

Frank Cranmer

affiliation not provided to SSRN

Brice Dickson

Queen's University Belfast - School of Law ( email )

School of Law
Belfast BT7 1NN, BT7 1NN
Ireland
+44 028 9097 3456 (Phone)
+44 028 90973376 (Fax)

HOME PAGE: http://www.law.qub.ac.uk/staff/bdickson.html

Helen Fenwick

University of Durham ( email )

Mill Hill Lane
Durham, Durham DH1 3HY
United Kingdom

Conor A. Gearty

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

Alan Greene

University of Birmingham - Birmingham Law School ( email )

Edgbaston
Birmingham, AL B15 2TT
United Kingdom

Loveday Hodson

University of Leicester - School of Law ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

Kagiaros Dimitrios

University of Durham , School of Law ( email )

Durham
United Kingdom

Anna Lawson

University of Leeds - Department of Law ( email )

Leeds, LS2 9JT
United Kingdom

Conall Mallory

University of Northumbria at Newcastle ( email )

Pandon Building
208, City Campus East-1
Newcastle-Upon-Tyne, Newcastle NE1 8ST
United Kingdom

Roger Masterman

Durham Law School, Durham University ( email )

Palatine Centre
Stockton Road
Durham, DH1 3LE
United Kingdom

HOME PAGE: http://www.dur.ac.uk/law/staff/?id=1596

Natasa Mavronicola

Birmingham Law School, University of Birmingham, UK ( email )

Edgbaston
Birmingham, B15 2TT
United Kingdom

HOME PAGE: http://www.birmingham.ac.uk/staff/profiles/law/mavronicola-natasa.aspx

University of Cambridge ( email )

Queen's University Belfast - School of Law ( email )

School of Law
Belfast BT7 1NN, BT7 1NN
Ireland

HOME PAGE: http://www.law.qub.ac.uk/schools/SchoolofLaw/Staff/DrNatasaMavronicola/

Colm O'Cinneide

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom
+44 (0)20 7679 1420 (Phone)

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Reuven Ziegler

University of Reading School of Law ( email )

Foxhill House
Whiteknights House
Reading, Berkshire RG6 6AH
United Kingdom

Refugee Studies Centre ( email )

Queen Elizabeth House
3 Mansfield Road
Oxford, OX1 3TB
United Kingdom

Refugee Law Initiative ( email )

Senate House
Malet Street
London, WC1E 7HU
United Kingdom

University of Johannesburg Faculty of Law

PO Box 524
Auckland Park
Johannesburg, Gauteng 2006
South Africa

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
216
Abstract Views
587
rank
171,815
PlumX Metrics