A panel of experts will examine whether there is a need to reform the Human Rights Act in an independent review launched by the government today (7 December 2020).
The review will be conducted by former Court of Appeal judge Sir Peter Gross, and will consider whether the HRA needs updating after 2 decades of being in effect.
As promised in the Manifesto, he will review the Law – how it operates and protects human rights – to ensure that it continues to meet the needs of the society it serves.
Specifically, the review will consider:
- The relationship between national courts and the European Court of Human Rights (ECHR). This includes how the duty to “take into account” ECHR jurisprudence has been applied in practice, and whether the dialogue between our national courts and the ECHR works effectively and whether there is room for improvement.
- The impact of the HRA on the relationship between the judiciary, the executive and Parliament, and whether national courts are being improperly included in policy areas.
- The implications of how the Human Rights Act applies outside the UK and whether there are grounds for change.
The United Kingdom remains committed to the European Convention on Human Rights. The review is limited to looking at the structural structure of the Human Rights Act, rather than the rights themselves.