Source · Select Committees · Human Rights (Joint Committee)
Recommendation 35
35
We welcome the Government’s response in clause 19 to the judgment of the European Court...
Conclusion
We welcome the Government’s response in clause 19 to the judgment of the European Court of Human Rights in S.W. v United Kingdom. It would correct section 9 of the Human Rights Act, which is currently inconsistent with the European Convention on Human Rights to the extent that it prohibits damages being awarded for judicial acts done in good faith that violate the right to a fair procedure guaranteed by Article 8 (the right to respect for private and family life). (Paragraph 223) Approach to international legal obligations