Legislating for Human Rights

Jonathan Cooper is a Barrister at Doughty Street Chambers.

Part 1 General statements on the Human Rights Act: opening speeches at second reading; ministerial replies at second reading; general contribution during second reading; opening speech at third reading. Part 2 The Human Rights Act section by section: long title; section 1 the convention rights; section 2 interpretation of convention rights; section 3 interpretation of legislation; section 4 declaration of incompatibility; section 5 right of the crown to intervene; section 6 acts of public authorities; section 7 proceedings; section 8 judicial remedies; section 9 judicial acts; section 10 power to take remedial action; section 11 safeguard for existing human rights; section 12 freedom of expression; section 13 freedom of thought, conscience and religion; section 14 to 17 derogations and reservations; section 18 appointment to European Court of Human Rights; section 19 statements of compatibility; section 20 orders etc. under this act; section 21 interpretation; section 22 short title, commencement, application and extent; schedule 2 remedial orders. Part 3 Specific issues arising out of the Human Rights Act: articles 8 & 10 press freedom, self regulation and the right to respect for private life; article 13 the absence of a right to an effective remedy; margin of appreciation; Human Rights Commission; parliamentary committee; article 14 protecting against discrimination; Scotland; Channel Islands and the Isle of Man; duties on counsel.