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The decriminalisation of homosexuality

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Articles of the European Convention on Human Rights

When Parliament incorporated the European Convention on Human Rights (ECHR) into English law by way of the Human Rights Act 1998, it included a summary of the convention rights in Schedule 1 of the 1998 Act. This poster highlights that the rights contained in the convention differ as to the extent to which they should be observed by public authorities, such as the government.

The 1998 Act gives UK citizens the right to claim for a breach of convention rights in the domestic courts. The UK courts can seek to interpret the law so far as it is possible to do so to achieve compatibility with the convention (s.3 of the Human Rights Act 1998), or declare a section of existing law incompatible with the convention, via a ‘declaration of incompatibility’ (s.4 of the Human Rights Act 1998). Claimants have a further right to appeal to the European Court of Human Rights in Strasbourg, France.

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Previous

The decriminalisation of homosexuality

Next

Necessity: the worst of two evils?

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