Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Convention right definition

What does Convention right mean? In practice, this describes a human right protected by the European Convention on Human Rights (ECHR) that a party may invoke in domestic proceedings. In the UK, Convention rights is a defined term in the Human Rights Act 1998 (HRA), section 1 and Schedule 1. It covers the rights and freedoms in Articles 2–12 and 14 ECHR, Articles 1–3 of the First Protocol, and the abolition of the death penalty in Protocol 13, as read with Articles 16–18. Convention rights ground: claims that a public authority acted unlawfully (section 6 HRA); the duty to interpret legislation compatibly where possible (section 3...

ECHR derogations and reservations, the margin of appreciation and Article 18: UK procedures under the Human Rights Act 1998, non-derogable rights, and leading authorities

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Practice notes

Public authorities may, in a number of broad ways, be found not to have breached a Convention right. These avenues are contained in the European Convention on Human Rights (ECHR) and, in domestic law, the Human Rights Act 1998 (HRA 1998). This Practice Note considers:

derogations from the Convention rights
reservations to Convention rights
matters within a state’s Margin of appreciation

For qualified rights (rather than absolute rights), a public authority will not be in breach if its actions meet the qualifying conditions, ie the interference with the Convention right is justified. For background, see Practice Note: Convention rights—structure of qualified rights.

Derogations from the Convention rights

What is a derogation?

Article 15 of the ECHR allows Member States, in defined circumstances, to depart from the obligation to respect the Convention rights.

The situations in which a contracting state may do so are narrowly confined. Contracting states face limits both on when they may derogate and on the degree of any such derogation, namely:

the circumstances justifying the derogation, and
the extent of the derogation

What are the circumstances

...

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Alexander Campbell

Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his...

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