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Remedial order to address State Immunity Act 1978 - European Convention on Human Rights incompatibility

Statement made on 23 February 2021

Statement UIN HCWS788

Statement

In 2017, the Supreme Court judgment in the case of Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62 held that certain provisions of the State Immunity Act 1978 were incompatible with Articles 6 and 14 of the European Convention of Human Rights. The incompatibility related to employment claims brought by individuals employed by diplomatic missions in London. The government has considered the Supreme Court’s judgment and decided to address the incompatibility by way of a remedial order under section 10 and schedule 2 of the Human Rights Act 1998. The Foreign, Commonwealth and Development Office will lay the draft remedial order before Parliament in due course.