1. Rights in the Community Public Law and the Human Rights Act JUSTICE Student Network Conference 2016 19 March 2016 Angela Patrick, Director of Human Rights Policy www.JUSTICE.org.uk@JUSTICEhq

2. The basics Public and administrative law governs the actions of Government, local authorities, public agencies and other bodies Challenges generally by way of judicial review and statutory appeal ‘Public function’ Not whether a decision is right but whether it is lawful Illegality Irrationality Procedural unfairness @JUSTICEhq www.JUSTICE.org.uk

3. The basics Convention rights and the Human Rights Act 1998 Absolute and qualified rights Section 3 – The Interpretative Obligation Section 4– The Declaration of Incompatibility Section 6 – The Public Duty Section 7 – The Cause of Action Section 10 – The Remedial Order Section 19 – The Statement of Compatibility @JUSTICEhq www.JUSTICE.org.uk

4. Daly [2001] 2 AC 532 Proportionality and prisoners correspondence The four stage test Sufficiently important reason? Rational connection? Less intrusive means? Fair balance between the rights of the individual and the rights of the community A new culture of justification? Pham [2015] UKSC 19 – cross fertilisation and the common law? @JUSTICEhq www.JUSTICE.org.uk

5. Belmarsh Part 4 Anti-Terrorism, Crime and Security Act 2001 A & Others [2004] UKHL 56 Article 5 ECHR Article 15 ECHR Derogation Declaration of Incompatibilty Counter-terrorism, security and the democratic dialogue Control Orders (AF Terrorism Prevention and Investigation Measures and Beyond? @JUSTICEhq www.JUSTICE.org.uk

6. Belmarsh “The courts are charged by Parliament with delineating the boundaries of a rights-based democracy “ Lord Bingham [42] @JUSTICEhq www.JUSTICE.org.uk

7. Michael [2015] UKSC 2 Article 2, the right to life & the duties of the State Common law rights in action? Creating accountability and responsibility? Changing policy, improving practice? See also Cheryl James, Hillsborough, Mid-Staffs Inquiry, Worboys ( DSD [2014] EWHC 2493) @JUSTICEhq www.JUSTICE.org.uk

8. P & Chester @JUSTICEhq www.JUSTICE.org.uk [2014] UKSC 19 Deprivation of liberty orders Article 5 ECHR A multi-layered conversation? International law beyond the ECHR (See paras [36], [45] etc, on the UNCRPD)

9. Tracey [2014] EWCA Civ 822 Article 8 ECHR Determining autonomy and best interests of the patient Medical decision making, consultation and patient engagement @JUSTICEhq www.JUSTICE.org.uk

10. Tracey “A decision as to how to pass the closing days and moments of one’s life and how one manages one’s death touches in the most immediate and obvious way a patient’s personal autonomy, integrity, dignity and quality of life.” at [32] @JUSTICEhq www.JUSTICE.org.uk

11. ‘Sanctuary’ @JUSTICEhq www.JUSTICE.org.uk ‘A’ [2016] EWCA Civ 29 (appeal pending) Bedroom tax/Spare room subsidy Application to ‘sanctuary scheme’ cases Article 14 Disproportionately discriminatory effect against women victims of domestic violence (see [45]) Close scrutiny, “constrained’ to reject justification (see [54] – [56])

12. Over to you Which area of public law do you think the HRA 1998 might affect most? Which cases might be in your top 5? @JUSTICEhq www.JUSTICE.org.uk

13. More case studies? www.bihr.org.uk www.actfortheact.uk www.equalityhumanrights.com @JUSTICEhq www.JUSTICE.org.uk