Public Authority and Human Rights Act 1998
Write 7 pages thesis on the topic public authority and human rights act 1998. Subsequent to the adoption of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) in 1950, the United Kingdom enacted the Human Rights Act in 1998, in order to give further effect to the rights and freedoms guaranteed by the former.
A public authority is precluded by the Human Rights Act 1998, to discharge its functions in such a way that it contravenes the provisions of the ECHR. There is a marked absence of a detailed description of what constitutes a public authority, in the Human Rights Act 1998. However, it does state that an entity, some of whose functions assume a public character, constitutes a public authority.
In YL v Birmingham City Council, their Lordships ruled that even though a private body’s was making available publicly funded residential care, it could not be construed that it was discharging the functions of a public body.
This decision was arrived on the basis of their interpretation of the Human Rights Act 1998. This is an issue that involves considerable controversy. Essentially, this question clarifies whether an entity providing such care is required to act in accordance with this Act.
The Human Rights Act 1998 goes on to state that in respect of a specific act, an entity cannot be deemed to be a public authority, merely on the basis of the provision of subsection 3(b) of the Human Rights Act 1998. if that particular act has a private nature.
Thus, we are provided with public authorities of two different genres, by the Human Rights Act 1998. The first of these comprises of the principal public authorities, which have to act, solely in accordance with the provisions of the ECHR. Some of the more outstanding examples of such public authorities are the police, local authorities and government departments.
On the other hand, we have the second variety of public authority, which can be construed to be merely functional public authorities. Such entities are constrained to behave as a public authority in accordance with the ECHR, only when discharging functions that are of a public .nature.