Consider human rights before making a decision

Under Section 58 of the Human Rights Act 2019, all public service employees must:

• give proper consideration to human rights before making a decision (procedural obligation)
• act and make decisions that are compatible with human rights (substantive obligation).

How to use this tool

This decision tree will help you consider human rights before making a decision. It will help you to act and make decisions that are compatible with human rights. You’ll have the option to email yourself a copy of your answers for your records.

Please be aware this decision tree is a guide only and does not constitute legal advice. If you need legal advice, contact your department or agency’s legal team.

Contact us if you are unsure whether you need legal advice for your human rights considerations.

Your agency may also have its own process for assessing human rights impacts.

Before you begin

We recommend you:

• review the Understand human rights page
• read about the 23 human rights and what they cover
• review our human rights guides.

Definitions of an act and a decision

An act includes a failure to act or a proposal to act, as defined under Schedule 1 of the Human Rights Act 2019.

A decision is not defined in the Human Rights Act 2019, but it means to come to a judgement, conclusion or resolution. This definition should be applied broadly for the purposes of the Human Rights Act 2019.