Human Rights Act 1998

1 The Convention Rights.

2 Interpretation of Convention rights.

3 Interpretation of legislation.

4 Declaration of incompatibility.

5 Right of Crown to intervene.

Public authorities

6 Acts of public authorities.

7ALimitation: overseas armed forces proceedings

8 Judicial remedies.

9 Judicial acts.

Remedial action

10 Power to take remedial action.

Other rights and proceedings

11 Safeguard for existing human rights.

12 Freedom of expression.

13 Freedom of thought, conscience and religion.

Derogations and reservations

14 Derogations.

15 Reservations.

16 Period for which designated derogations have effect.

17 Periodic review of designated reservations.

Judges of the European Court of Human Rights

18 Appointment to European Court of Human Rights.

Parliamentary procedure

19 Statements of compatibility.

20 Orders etc. under this Act.

21 Interpretation, etc.

22 Short title, commencement, application and extent.

SCHEDULE 1 The Articles

PART IThe Convention Rights and Freedoms

Article 2Right to life

1Everyone’s right to life shall be protected by law. No...

2Deprivation of life shall not be regarded as inflicted in...

Article 3Prohibition of torture

Article 4Prohibition of slavery and forced labour

1No one shall be held in slavery or servitude.

2No one shall be required to perform forced or compulsory...

3For the purpose of this Article the term “forced or...

Article 5Right to liberty and security

1Everyone has the right to liberty and security of person....

2Everyone who is arrested shall be informed promptly, in a...

3Everyone arrested or detained in accordance with the provisions of...

4Everyone who is deprived of his liberty by arrest or...

5Everyone who has been the victim of arrest or detention...

Article 6Right to a fair trial

1In the determination of his civil rights and obligations or...

2Everyone charged with a criminal offence shall be presumed innocent...

3Everyone charged with a criminal offence has the following minimum...

Article 7No punishment without law

1No one shall be held guilty of any criminal offence...

2This Article shall not prejudice the trial and punishment of...

Article 8Right to respect for private and family life

1Everyone has the right to respect for his private and...

2There shall be no interference by a public authority with...

Article 9Freedom of thought, conscience and religion

1Everyone has the right to freedom of thought, conscience and...

2Freedom to manifest one’s religion or beliefs shall be subject...

Article 10Freedom of expression

1Everyone has the right to freedom of expression. This right...

2The exercise of these freedoms, since it carries with it...

Article 11Freedom of assembly and association

1Everyone has the right to freedom of peaceful assembly and...

2No restrictions shall be placed on the exercise of these...

Article 12Right to marry

Article 14Prohibition of discrimination

Article 16Restrictions on political activity of aliens

Article 17Prohibition of abuse of rights

Article 18Limitation on use of restrictions on rights

Part II The First Protocol

Article 1Protection of property

Article 2Right to education

Article 3Right to free elections

PART 3ARTICLE 1 OF THE THIRTEENTH PROTOCOLAbolition of the death penalty

The death penalty shall be abolished. No one shall be...

Part III The Sixth Protocol

Article 1Abolition of the death penalty

Article 2Death penalty in time of war

SCHEDULE 2 Remedial Orders

1(1) A remedial order may— (a) contain such incidental, supplemental,...

2No remedial order may be made unless—

Orders laid in draft

3(1) No draft may be laid under paragraph 2(a) unless—...

4(1) If a remedial order (“the original order”) is made...

5In this Schedule— “representations” means representations about a remedial order...

Calculating periods

6In calculating any period for the purposes of this Schedule,...

7(1) This paragraph applies in relation to–

SCHEDULE 3 Derogation and Reservation

PART I DEROGATION

United Kingdom’s derogation from Article 5(1)

The United Kingdom Permanent Representative to the Council of Europe...

Public emergency in the United Kingdom

The Anti-terrorism, Crime and Security Act 2001

Domestic law powers of detention (other than under the Anti-terrorism, Crime and Security Act 2001)

Article 5(1)(f) of the Convention

Derogation under Article 15 of the Convention

Part II Reservation

SCHEDULE 4 Judicial Pensions

Duty to make orders about pensions

1(1) The appropriate Minister must by order make provision with...

2A pensions order may, in particular, make provision—

Amendments of other enactments

3A pensions order may amend any provision of, or made...

4In this Schedule— “appropriate Minister” means— in relation to any...

Human Rights Act 1998

1998 c. 42

E1 C1 C2An 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:—C3 C4

Annotations:

Extent Information

E1

For the extent of this Act outside the U.K., see s. 22(6)(7)

Modifications etc. (not altering text)

C1

Act: certain functions of the Secretary of State transferred to the Lord Chancellor (26.11.2001) by S.I. 2001/3500, arts. 3, 4, Sch. 1 para. 5

C2

Act (except ss. 5, 10, 18, 19 and Sch. 4): functions of the Lord Chancellor transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Chancellor is entitled or subject to in connection with any such function transferred to the Secretary of State for Constitutional Affairs (19.8.2003) by S.I. 2003/1887, art. 4, Sch. 1

C3

Act modified (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(8), 9(3)

C4

Act modified (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 30 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(n)