UK-wide · 1998
Human Rights Act 1998
Protects: Everyone within the jurisdiction of the UK.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Summary
Gives effect in UK law to the European Convention on Human Rights. Public authorities (police, CPS, courts, local authorities, CAFCASS) must act compatibly with Convention rights.
Key provisions
Article 2 — Right to life
Imposes positive duty on the state to protect life where there is a real and immediate risk (Osman v UK).
Article 3 — Prohibition of torture / inhuman or degrading treatment
Sustained domestic abuse can reach the threshold (Opuz v Turkey). Triggers an investigative duty.
Article 6 — Fair trial
Applies to family and criminal proceedings. Special measures, legal representation and equality of arms.
Article 8 — Private and family life
Balances family life of parent and child with protection from harm. Central to contact disputes.
Article 14 — Non-discrimination
Combined with other rights — important where state response is inadequate.
What this Act affects
The specific protective court orders and decision points this Act creates or feeds — with the exact statutory section.
Positive duty to protect life
s.6 + Art.2 ECHR (Osman v UK)Decision point: police/CPS/LA must take operational steps to protect a known DA victim at real and immediate risk — argued in JR of police inaction.
Investigative duty
s.6 + Art.3 ECHR (Opuz v Turkey)Decision point: sustained DA can reach Art.3 — triggers duty to investigate and prosecute. Used to challenge CPS decisions to discontinue.
- Contact decisions →
Art.8 ECHR + s.1 CA 1989Decision point: balance of family life with protection from harm; child's Art.8 prevails over parent's where contact is unsafe.
Special measures, legal representation
Art.6 ECHR + s.65 DAA 2021Decision point: equality of arms — supports ABE interviews, screens, intermediaries and the cross-examination ban.