Recommendation 12

As a result of the HRA, a human rights case is first determined by UK judges, who: a) understand the complex and subtle balances at work within the relevant UK legal systems; b) understand how human rights are given effect in those legal systems; c) apply a considered analysis of how the relevant fundamental protections, including ECHR rights and relevant case-law apply to the case; d) apply that understanding to the facts of the case, explaining their reasoning and how the balances are met within those legal systems in their judgment; and 82 The Government’s Independent Review of the Human Rights Act e) are able to dispose of obvious human rights breaches without wasting time and money and extending suffering by needing to litigate in Strasbourg.