Recommendation 23

We agree with the IHRAR Report’s conclusion that there is no real evidence to suggest that the UK courts are misusing section 3. By only adopting interpretations that are consistent with the scheme of the legislation, the courts are balancing respect for Parliamentary sovereignty with effective protection for human rights. Repealing section 3 would create uncertainty in the law and substantially weaken the protection of human rights in the UK, both in the courts and through the wider culture of rights. Replacing section 3 with lesser interpretive obligations would have the advantage of greater certainty, but otherwise would be likely to result in similar damage to the protection of human rights in the UK. (Paragraph 98) 80 Human Rights Act Reform