In re McKerr

Abstract

Relationship of international law and municipal law — Treaties — Application — Unincorporated treaties — European Convention on Human Rights, 1950 — Whether Convention part of domestic law — Convention rights — Article 2 — Right to life — Substantive obligation — Procedural obligation — Procedural obligation requiring State to carry out effective official investigation into circumstances of death — Obligations imposed on United Kingdom public authorities by Section 6 of Human Rights Act 1998 — Death occurring in 1982 — Human Rights Act 1998 entering into force on 2 October 2000 — Whether 1998 Act retrospective — Whether Section 6(1) of 1998 Act applying to unlawful killing occurring before Act coming into force — Whether appropriate for Court to compel Article 2 compliant investigation — Customary international law — Whether common law right corresponding to procedural right implicit in Article 2 of Convention — Whether United Kingdom having duty to investigate deaths occurring before 2 October 2000

Human rights — Right to life — Convention rights — Substantive obligation — Procedural obligation — European Convention on Human Rights, 1950 — Article 2 — Human Rights Act 1998 — Rights arising under Convention — Rights created by Human Rights Act 1998 — Whether distinguishable — Whether unincorporated treaty creating rights or obligations in domestic law — Whether Section 6(1) of 1998 Act applying to unlawful killing occurring before Act coming into force — Whether United Kingdom having duty to investigate deaths occurring before 2 October 2000 — The law of Northern Ireland