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On 7 December 2020, the UK Government announced that a panel of experts will examine whether there is a need to reform the Human Rights Act 1998. 

At Just Fair, we believe the Human Rights Act is essential, and that the UK Government should be building on, and adding to, the human rights measures that help us create a fairer and more just world.  

As such, we hope that the expert panel will take this opportunity to add greater protection to the everyday things we need to enjoy our lives.  

Background information  

The review will focus on three key areas: 

  • “The relationship between the domestic courts and the European Court of Human Rights (ECtHR). This includes how the duty to ‘take into account’ of ECtHR case law has been applied in practice, and whether dialogue between our domestic courts and the ECtHR works effectively and if there is room for improvement. 
  • The impact of the HRA on the relationship between the judiciary, executive and Parliament, and whether domestic courts are being unduly drawn into areas of policy. 
  • The implications of the way in which the Human Rights Act applies outside the territory of the UK and whether there is a case for change.” 

The announcement notes: 

“The UK remains committed to the European Convention on Human Rights. The review is limited to looking at the structural framework of the Human Rights Act, rather than the rights themselves.” 

“This independent review runs alongside the independent review of Judicial Review and is part of the government’s work to deliver the commitment in the Manifesto to look at the broader aspects of the constitution and the relationship between the Government, Parliament and the courts.” 

The independent review is expected to report its recommendations in Summer 2021. 

For more information, contact our Campaigns and Advocacy Lead Misha Nayak-Oliver.