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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 195 constitutions from around the world. Experience its wealth and depth of information by starting your search now.

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Protection from Violence

United Kingdom of Great Britain and Northern Ireland, English

No one shall be subjected to torture or to inhuman or degrading treatment or punishment. (Art. 3 of ECHR, Human Rights Act 1998 Schedule 1)

Status of International Law

United Kingdom of Great Britain and Northern Ireland, English

(1) A court or tribunal determining a question which has arisen in connection with a Convention right7 must take into account any—
(a) judgment, decision, declaration or advisory opinion of the European Court of Human Rights,
(b) opinion of the Commission given in a report adopted under Article 31 of the Convention,
(c) decision of the Commission in connection with Article 26 or 27(2) of the Convention, or
(d) decision of the Committee of Ministers taken under Article 46 of the Convention, whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen.
… (Human Rights Act 1998, Sec. 2)

Status of International Law

United Kingdom of Great Britain and Northern Ireland, English

(1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.
(2) This section—
(a) applies to primary legislation and subordinate legislation whenever enacted;
(b) does not affect the validity, continuing operation or enforcement of any incompatible primary legislation; and
(c) does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility. (Human Rights Act 1998, Sec. 3)

Status of International Law

United Kingdom of Great Britain and Northern Ireland, English

(4) In determining—
(a) whether to award damages, or
(b) the amount of an award, the court must take into account the principles applied by the European Court of Human Rights in relation to the award of compensation under Article 41 of the Convention. … (Human Rights Act 1998, Sec. 8)

Status of International Law

United Kingdom of Great Britain and Northern Ireland, English

(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.
(2) Subsection (1) does not apply to an act if—
(a) as the result of one or more provisions of primary legislation, the authority could not have acted differently; or
(b) in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions.
(3) In this section “public authority” includes—
(a) a court or tribunal, and
(b) any person certain of whose functions are functions of a public nature, but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.
(4) (Repealed)
(5) In relation to a particular act, a person is not a public authority by virtue only of subsection (3) (b) if the nature of the act is private.
(6) “An act” includes a failure to act but does not include a failure to—
(a) introduce in, or lay before, Parliament a proposal for legislation; or
(b) Make any primary legislation or remedial order. (Human Rights Act 1998, Sec. 6)

Status of International Law

United Kingdom of Great Britain and Northern Ireland, English

(1) This section applies if—

(b) it appears to a Minister of the Crown or Her Majesty in Council that, having regard to a finding of the European Court of Human Rights made after the coming into force of this section in proceedings against the United Kingdom, a provision of legislation is incompatible with an obligation of the United Kingdom arising from the Convention.
(2) If a Minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility.
(3) If, in the case of subordinate legislation, a Minister of the Crown considers—
(a) that it is necessary to amend the primary legislation under which the subordinate legislation in question was made, in order to enable the incompatibility to be removed, and
(b) that there are compelling reasons for proceeding under this section, he may by order make such amendments to the primary legislation as he considers necessary.
… (Human Rights Act 1998, Sec. 10)

Limitations and/or Derogations

United Kingdom of Great Britain and Northern Ireland, English

(5) Emergency regulations may not amend—

(b) the Human Rights Act 1998 (c. 42). (Civil Contingencies Act 2004, Sec. 23)

Limitations and/or Derogations

United Kingdom of Great Britain and Northern Ireland, English

Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. (Art. 17 of ECHR, Human Rights Act 1998 Schedule 1)

Limitations and/or Derogations

United Kingdom of Great Britain and Northern Ireland, English

A person’s reliance on a Convention right does not restrict—
(a) any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; or
(b) his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9. (Human Rights Act 1998, Sec. 11)

Limitations and/or Derogations

United Kingdom of Great Britain and Northern Ireland, English

(1) Her Majesty may by Order in Council make emergency regulations if satisfied that the conditions in section 21 are satisfied.
(2) A senior Minister of the Crown may make emergency regulations if satisfied—
(a) that the conditions in section 21 are satisfied, and
(b) that it would not be possible, without serious delay, to arrange for an Order in Council under subsection (1).
(5) Regulations under this section must be prefaced by a statement by the person making the regulations—

(iv) is satisfied that the regulations are compatible with the Convention rights (within the meaning of section 1 of the Human Rights Act 1998 (c. 42)) (Civil Contingencies Act 2004, Sec. 20)