International Obligations and The Human Rights Act

Abstract

This chapter explains how the Equality Act 2010 has a direct relationship with the UK’s international human rights obligations at regional and global levels in the European Union (EU), the Council of Europe, and the United Nations (UN). It is thus vital to the understanding, interpretation, and application of the Act to appreciate how it interacts with: EU equality and human rights law, before and after the UK ceasing its membership of the European Union (Brexit); the European Convention on Human Rights (ECHR) and the Human Rights Act 1998 (HRA) which implements the ECHR; and the key United Nations Conventions which relate to issues of equality of particular groups. The UK’s membership of the EU ended on 31 January 2020. This will have a fundamental effect on the application of EU equality and human rights law to the Act. It should be noted, however, that the UK’s departure from the EU does not in any way affect its membership of the Council of Europe, or being a party to the ECHR. The ECHR has been implemented into the UK’s domestic law by the enactment of the HRA.