Public authorities under the Human Rights Act 1998

January 6, 2007

Why does the definition of ‘public authority’ matter? S6 Human Rights Act 1998 (HRA) makes it unlawful for a public authority to act in a way that is incompatible with a person’s rights under the European Convention on Human Rights. Another way of putting this is to say that s6 imposes a duty on all […]

Equalities review

What is the Equalities Review? The Equalities Review was set up two years ago by the government in order to provide an understanding of the long-term, underlying causes of disadvantage, make practical recommendations on key policy priorities and inform the modernisation of equality legislation and the development of the Commission for Equality and Human Rights […]

Discrimination law review

What is the Discrimination Law Review? The Discrimination Law Review (DLR) was set up in February 2005 to ‘undertake a fundamental review of discrimination and legislation in Great Britain, and bring forward proposals for a clearer and more streamlined equality legislation framework, which produces better outcomes for those who experience disadvantage.’ The government asked it […]

Pre-charge detention in terrorism cases

What is pre-charge detention? Pre-charge detention is a shorthand term for the period that a person can be detained by the police between being arrested and being either charged with a criminal offence or released. What is the difference between pre-charge and post-charge detention? Once a person has been charged with a criminal offence, they […]

Legal aid and human rights

January 7, 2006

Is legal aid a human right? Yes, in certain circumstances. Under Article 6(1) ECHR everyone has the general right is ‘to a fair … hearing’ in the determination of civil rights and obligations or of any criminal charge. This implies an appropriate degree of ‘equality of arms’. In relation to criminal offences, Article 6(3)(c) everyone […]

Counter-terrorism and human rights

Why is counter-terrorism a human rights issue? Both terrorism and counter-terrorism are human rights issues. Terrorism is a human rights issue because it involves deliberate attacks on civilians causing death and serious injury – and so engages the right to life and the right to physical integrity. Counter-terrorism is a human rights issue because the […]