The government has introduced the Bill of Rights 2022 to Parliament which seeks to repeal the Human Rights Act 1998 and create a new domestic human rights framework.
The Bill seeks to give effect to the same rights as the Human Rights Act 1998 (“HRA Rights”) and makes it unlawful for any public authority to act in a way which is incompatible with these rights. A court may also make a declaration of incompatibility in respect of primary or subordinate legislation that is incompatible with a HRA Right.
The Bill also imposes a higher threshold for victims of alleged breaches of HRA Rights in order for permission for their claim to proceed, namely that they have suffered a “significant disadvantage”.
The Bill is currently at the second reading stage in the House of Commons, and will have to be approved by both the Commons and the House of Lords before receiving royal assent.
