Under section 3 of the Human Rights Act 1998 (HRA) judges are under an obligation to interpret, as far as it is possible to do so, all primary and secondary legislation in a way that is compatible with the European Convention on Human Rights (ECHR).
Where the court concludes that legislation cannot be interpreted so that it complies with the ECHR, the court can issue a declaration of incompatibility under section 4 HRA. This places an obligation on the government to consider changing the law. Since 2000 (when the HRA came into force) 28 declarations have been issued, eight of which have been overturned on appeal. Of the remaining 20 cases, the government has amended the law in 19 cases and the remaining case awaits a decision.
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