# Human Rights Act 1998 and the ECHR in domestic law

> **Key takeaway:** HRA: s.3 interpret compatible so far as possible; s.4 declaration if not (primary legislation stands); s.6 public authorities; s.7 victims; s.8 remedies; s.2 take account of Strasbourg. Qualified rights: proportionality (Daly/Huang). Ghaidan on s.3 strength.

- **Jurisdiction:** England & Wales
- **Practice area:** Public Law
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/PublicLaw/human-rights-act-echr
- **Keywords:** Human Rights Act 1998, ECHR, section 3, section 6, declaration of incompatibility, proportionality, Ghaidan, Convention rights, public authority

## What is this about?

The Human Rights Act 1998 gives further effect to specified European Convention on Human Rights rights in UK domestic law. It structures interpretation of legislation, makes it unlawful for public authorities to act incompatibly with Convention rights, and provides remedies in domestic courts without requiring a trip to Strasbourg as a first step.

## What is the core rule?

Courts must read and give effect to primary and subordinate legislation in a way compatible with Convention rights so far as possible (HRA s.3). If incompatible primary legislation cannot be read down, a higher court may make a declaration of incompatibility (s.4) — which does not invalidate the statute. It is unlawful for a public authority to act incompatibly with Convention rights (s.6), subject to the statutory defence where primary legislation requires the act. Victims may rely on Convention rights in domestic proceedings (s.7); damages may be awarded under s.8. Section 2 requires courts to take account of Strasbourg jurisprudence.

## What are the elements or test?

1. Identify the Convention right(s) engaged (HRA Sch.1) and whether a public authority is involved (s.6)
2. Interpretive obligation: can s.3 reading-down achieve compatibility?
3. If not: is a s.4 declaration of incompatibility available/appropriate?
4. Justification: qualified rights require legality, legitimate aim, and proportionality
5. Victim status (s.7) and remedy (s.8), including just satisfaction principles

## Which authorities matter?

- **Human Rights Act 1998, ss.2–4, 6–8, Sch.1** — Core domestic machinery for Convention rights: interpretation, declarations, public-authority duty, victims, remedies.
- **Ghaidan v Godin-Mendoza [2004] UKHL 30, [2004] 2 AC 557** — Leading illustration of the strength of s.3 interpretative obligation.
- **R (Daly) v Secretary of State for the Home Department [2001] UKHL 26, [2001] 2 AC 532** — Proportionality review in rights cases — more structured than classic Wednesbury.
- **Huang v Secretary of State for the Home Department [2007] UKHL 11, [2007] 2 AC 167** — Article 8 proportionality in immigration/public-law context; structured approach to balance.

## How does this apply in practice?

Horizontal effect between private parties is limited and debated; focus first on public authorities and statutory interpretation. Retained EU law and the wider post-Brexit landscape are separate from HRA machinery. Always plead the specific Article and the interference/justification analysis. This note does not replace a full Article-by-Article encyclopedia.

## What are common pitfalls?

- Treating a s.4 declaration as striking down an Act of Parliament
- Skipping s.3 before jumping to incompatibility
- Applying pure Wednesbury where proportionality is required for a qualified right
- Ignoring victim status under s.7

## When would a practitioner use this?

Judicial review grounds, statutory construction arguments, and damages claims against public authorities for rights breaches.

## Quick reference

HRA: s.3 interpret compatible so far as possible; s.4 declaration if not (primary legislation stands); s.6 public authorities; s.7 victims; s.8 remedies; s.2 take account of Strasbourg. Qualified rights: proportionality (Daly/Huang). Ghaidan on s.3 strength.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*