The Independent Human Rights Act Review (IHRAR), launched in December 2020, has been established to examine the framework of the Human Rights Act 1998 (HRA), how it is operating in practice and whether any change is required. The review is being conducted by a Panel of eight members, chaired by Sir Peter Gross, a former judge of the Court of Appeal of England and Wales.
Following the close of IHRAR’s call for evidence, members of the IHRAR Panel are participating in a series of public events hosted by universities across the United Kingdom. They aim to engage and hear views from a wide range of interested parties to help inform their deliberations.
The IHRAR Panel and HRLC would like to invite members of the public to join this conversation on the Human Rights Act and their Review . The event will start with a discussion, led by Professor Dominic McGoldrick, Professor of International Human Rights Law, and Professor Stephen Bailey, Professor of Public Law, University of Nottingham, in conjunction with Sir Peter Gross, Simon Davis, Maria Cahill and Lisa Giovannetti from the Panel, on the background and context of the HRA and its role within our legal system. Following this, there will be a more specific discussion focussed on each of the questions in IHRAR’s Terms of Reference. In this part of the event the Panel will be primarily in listening mode, looking to hear views.
The event will be of interest to experts in the field, as well as those with an interest in human rights and their application in the UK and its legal jurisdictions. For each part of the discussion, participants will have the opportunity to submit comments and questions in advance (you will receive a link in the confirmation email after you have registered). We will endeavour to offer the opportunity to speak to as many people who make such submissions as possible.
Facilitated discussion on the Human Rights Act 1998
This discussion will be led by Professor McGoldrick and Professor Bailey, in conjunction with Sir Peter Gross, Simon Davis, Maria Cahill and Lisa Giovannetti.
Potential topics to be covered:
- Background of the Human Rights Act and the UK’s contribution to the Convention. The intellectual underpinnings of the idea of “bringing rights home”
- The difference between the Human Rights Act and the Convention
- The role of the ECtHR and how it interacts with national courts
- The impact of the HRA on everyday life and famous cases
Discussion on the Terms of Reference
This will be a focussed discussion on the two themes set out in the Review’s Terms of Reference, focussing on:
• The relationship between domestic courts and the European Court of Human Rights (ECtHR)
• The impact of the HRA on the relationship between the judiciary, the executive and the legislature
For the full list of questions being considered by the Panel, please refer to the Review’s Terms of Reference document.