· Between October 2000 and January 2009: 26 declarations of Incompatibility. 17 of these=final, 8 of these=overturned, 1 still subject to appeal. It shows judges are oriented towards HRA and ECHR, in contrast to R v Secretary of State ex parte Brind
· Examples of Declarations of Incompatibility:
o R v Mental Health Tribunal ex parte H: Mental Health Act found incompatible with Art 5 where burden of proof for risk is placed on patients.
o Bellinger v Bellinger: Law preventing transsexual marrying infringed upon Art 8. Led to Gender Recognition Act 2004.
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