declaration of incompatibility human rights act

Law

Declaration of Incompatibility Under the Human Rights Act

KeithStjohn

A UK court can decide that an Act of Parliament conflicts with a fundamental right without cancelling the Act. That apparent contradiction is central to a declaration of incompatibility under the Human Rights Act 1998. The declaration identifies a clash between legislation and a right protected by the European Convention on Human Rights, while leaving … Read more

article 11 freedom of assembly uk

Law

Article 11 Freedom of Assembly and Association in the UK

KeithStjohn

Peaceful protest is not a favour granted by the government. The principle that allows people to demonstrate in a town square also helps them organise a campaign group or join a trade union. Article 11 of the European Convention on Human Rights (ECHR) protects these activities through the rights to peaceful assembly and association. For … Read more

harassment and victimisation equality act

Law

Harassment and Victimisation Under the Equality Act

KeithStjohn

Harassment and victimisation under the Equality Act 2010 are often discussed alongside direct and indirect discrimination, but they address different harms. Harassment concerns unwanted behaviour that undermines dignity or creates a hostile environment. Victimisation concerns being penalised for asserting equality rights or helping someone else do so. The distinction matters because a person can experience … Read more