A v The United Kingdom [2002] ECHR 811

Court: European Court of Human Rights

Facts: A, a resident in social housing, was defamed by an MP during a Parliamentary debate. She claimed that the MP's remarks violated her rights under the European Convention on Human Rights (ECHR), specifically her right to a fair hearing (Article 6) and her right to privacy (Article 8). She argued that Parliamentary privilege left her without recourse.

Issue: Does Parliamentary privilege infringe on the right to a fair hearing and privacy under the ECHR?

Held: The European Court of Human Rights held that Parliamentary privilege is compatible with the ECHR. The protection of free speech in Parliament is so important that it justifies restricting access to legal redress for defamation.

Key Judicial Statement: Judge Costa emphasized that Parliamentary privilege serves a higher public interest, justifying limits on individual rights in the context of free debate in Parliament.

💡Leveluplaw: Parliamentary privilege can override individual rights to legal redress, as it is essential to preserve free speech in legislative proceedings.