Examples of Convention rights in a sentence
We do not believe that Convention rights are engaged in relation to this determination.
The decision to GRANT planning permission has been taken having regard to all relevant planning legislation, regulations, guidance, circulars and Council policies, including The Human Rights Act (1998) (HRA 1998) which makes it unlawful for the Council to act incompatibly with Convention rights, specifically Article 6 (right to a fair hearing); Article 8 (right to respect for private and family life); Article 1 of the First Protocol (protection of property) and Article 14 (prohibition of discrimination).
In addition Members should note that the Human Rights Act 1998 (HRA 1998) makes it unlawful for the Council to act incompatibly with Convention rights.
The Contractor shall, and shall use reasonable endeavours to ensure that its employees or agents and/or sub-contractors shall, at all times, act in a way which is compatible with the Convention rights within the meaning of Section 1 of the Human Rights Act 1998.
It is considered that any such actual or potential infringement of such Convention rights is justified.
At the one extreme, there is a view advanced by Sir Richard Buxton which excludes any effect of Convention rights between private parties.46 According to this view, the European Convention itself only applies against the State and while the Human Rights Act makes Convention rights enforceable in English law, the content of these rights cannot have changed in the course of that process of transmission.
They still apply only against the State.47 In Sir Richard’s opinion, even in the case of positive obligations, the duty to protect Convention rights remains that of the State, and ‘[t]hat cannot be translated into a direct right held by the applicant against those other subjects’.48 It is evident that with the adoption of this approach, fundamental rights and private common law in the UK would hardly interact with each other and would continue to exist in parallel.
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This triggers a power that allows a Minister to make a remedial order to amend the legislation to bring it into line with the Convention rights.
First, it requires all legislation to be interpreted and given effect as far as possible compatibly with the Convention rights.