PREFACE
Hundreds of laws have been passed affecting every aspect ofour lives. Sometimes it can be difficult to know what our basicrights really are. More than fifty years ago Britain helped to enshrine our basic liberties into the European Convention on Human Rights (ECHR). But we could only claim the protectionof the Convention by taking the long road to Strasbourg. The Human Rights Act means that we can safeguard our rightshere in the UK. And we can all be clearer about the basic values and standards we share. This leaflet introduces the Human Rights Act and says how it works. UK Governments have respected the European Convention for over 50 years.
So you‘ll probably never need the Act. But if your rights ever are infringed, it‘s good to know there’s something you can do about it.
WHAT IS THE HUMAN RIGHTS ACT?
The Human Rights Act 1998 is a law, which came into full force in October 2000. It gives further effect in the UK to the fundamental rights and freedoms in the European Convention on Human Rights.
WHAT DOES IT DO?
The law does three simple things: It makes it unlawful for a public authority, like a government department, local authority or the police,
Human Rights Act1 to breach the Convention rights, unless an Act of
Parliament meant it couldn’t have acted differently
It means that human rights cases can be dealt with in a UK
court or tribunal. Until the Act, anyone who felt that their
rights under the Convention had been breached had to go
to the European Court of Human Rights in Strasbourg
It says that all UK legislation must be given a meaning that
fits with the Convention rights, if that’s possible. If a court
says that’s not possible it will be up to Parliament to decide
what to do.
WHAT IS THE EUROPEAN CONVENTION ON HUMAN RIGHTS?
This is one of the earliest and most important treaties passed
by the Council of Europe, a group of nations invited by Sir
Winston Churchill to come together after the SecondWorld
War to stop such atrocities and acts of cruelty happening
again.
The Council of Europe is quite separate from the European
Union (EU). It has its own Court of Human Rights in
Strasbourg. You are already able to go to the Strasbourg court
to claim your rights under the ECHR.
However until 2000, the ECHR was not part of the UK’s
domestic law. So our courts had not normally been able to
deal with claims.
Human Rights Act
2
YOUR CONVENTION RIGHTS
There are sixteen basic rights in the Human Rights Act, all
taken from the European Convention on Human Rights. They
don’t only affect matters of life and death like freedomfrom
torture and killing; they also affect your rights in everyday life:
what you can say and do, your beliefs, your right to a fair trial
and many other similar basic entitlements.
(Article 1 is introductory)
ARTICLE 2
RIGHT TO LIFE
You have the absolute right to have your life protected by law. There are only certain very limited circumstances where it is acceptable for the State to take away someone’s life, e.g. if a police officer acts justifiably in self defence.
ARTICLE 3
PROHIBITIONOF TORTURE
You have the absolute right not to be tortured or subjected to treatment or punishment which is inhuman or degrading.
ARTICLE 4
PROHIBITIONOF SLAVERY AND FORCED LABOUR
You have the absolute right not to be treated as a slave or forced to perform certain kinds of labour.
ARTICLE 5
RIGHT TO LIBERTY AND SECURITY
You have the right not to be deprived of your liberty – ‘arrested or detained’- except in limited cases specified in the Article (e.g. where you are suspected or convicted of Human Rights Act3 committing a crime) and where this is justified by a clear legal
procedure.
ARTICLE 6
RIGHT TOA FAIR TRIAL
You have the right to a fair and public hearing within a reasonable period of time. This applies to both criminal charges against you, or in sorting out cases concerning your civil rights and obligations. Hearings must be by an
independent and impartial tribunal established by law. It is possible to exclude the public from the hearing (though not the judgement) if that is necessary to protect things like national security or public order. If it is a criminal charge you are presumed innocent until proved guilty according to law and have certain guaranteed rights to defend yourself.
ARTICLE 7
NO PUNISHMENTWITHOUT LAW
You normally have the right not to be found guilty of an offence arising out of actions which at the time you committed them were not criminal. You are also protected against later increases in the possible sentence for an offence.
QUALIFIED RIGHTS
The rights in Articles 8 to 11 may be qualified where that is necessary to achieve an important objective.The precise objectives in each Article which allow limitations vary, but they include things like protecting public health or
safety, preventing crime, and protecting the rights of others. Human Rights Act4
ARTICLE 8
RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE
You have the right to respect for your private and family life, your home and your correspondence. This right can only be restricted in specified circumstances.
ARTICLE 9
FREEDOMOF THOUGHT, CONSCIENCE AND RELIGION
You are free to hold a broad range of views, beliefs and
thoughts, as well as religious faith. Limitations are permitted
only in specified circumstances.
ARTICLE 10
FREEDOMOF EXPRESSION
You have the right to hold opinions and express your views on
your own or in a group. This applies even if they are unpopular
or disturbing. This right can only be restricted in specified
circumstances.
ARTICLE 11
FREEDOMOF ASSEMBLY AND ASSOCIATION
You have the right to assemble with other people in a peaceful
way. You also have the right to associate with other people,
which can include the right to form a trade union. These rights
may be restricted only in specified circumstances.
ARTICLE 12
RIGHT TO MARRY
Men and women have the right to marry and start a family.
The national law will still govern how and at what age this can
take place.
Human Rights Act
5
(Article 13 is not included in the Human Rights Act)
ARTICLE 14
PROHIBITIONOF DISCRIMINATION
In the application of the Convention rights, you have the right
not to be treated differently because of your race, religion, sex,
political views or any other status, unless this can be justified
objectively. Everyone must have equal access to Convention
rights, whatever their status.
ARTICLE 1OF PROTOCOL 11
PROTECTIONOF PROPERTY
You have the right to the peaceful enjoyment of your
possessions. Public authorities cannot usually interfere with
things you own or the way you use them except in specified
limited circumstances.
ARTICLE 2OF PROTOCOL 1
RIGHT TO EDUCATION
You have the right not to be denied access to the educational
system.
ARTICLE 3OF PROTOCOL 1
RIGHT TO FREE ELECTIONS
Elections for members of the legislative body (e.g. Parliament)
must be free and fair and take place by secret ballot. Some
qualifications may be imposed on those that are eligible to
vote (e.g. a minimum age).
1 (a ‘protocol’ is a later addition to the Convention)
Human Rights Act
6
PROTOCOL 6 / ARTICLE 1OF PROTOCOL 13
ABOLITIONOF THE DEATH PENALTY
Protocol 6 abolished the death penalty with limited
exceptions in times of war but only in accordance with clearly
specified laws. Protocol 13 replaces Protocol 6 and abolishes
the death penalty in all circumstances.
7
HOWDOES THE HUMAN RIGHTS ACT AFFECT ME?
DOES THE HUMAN RIGHTS ACT CHANGE MY RIGHTS?
No. But the Human Rights Act makes claiming your rights
much quicker and easier. Instead of having to go to
Strasbourg, you can now bring a case in a court in the UK.
DOES THE HUMAN RIGHTS ACT AFFECT THEWAY
GOVERNMENT AND PUBLIC AUTHORITIES BEHAVE?
Yes. The Human Rights Act says that all public authorities
must pay proper attention to your rights when they are
making decisions that affect you. Public authorities include
government departments, your local authority or health
authority, and also agencies like the police, the courts and
private companies when carrying out public functions.
That’s nothing new – respecting rights and balancing rights
and responsibilities has always been an important part of
public service in this country. But the Human Rights Act makes
sure that those in authority over you will have to check that
they do not ride roughshod over your rights, even when they
believe they are doing so for a good reason. They will have to
be careful about the balance they are striking and think hard
about how they can cause the least possible harm to
individuals.
Human Rights Act
7
Every time Government proposes a new law in Parliament the
responsible Minister has to make a statement under the
Human Rights Act about how the new law fits in with the
Convention rights.
CAN I USE THE HUMAN RIGHTS ACT AGAINST
ANOTHER PRIVATE INDIVIDUALWHO INFRINGES
MY RIGHTS?
Not directly. You cannot sue, or be sued by, another individual
for breaking the Convention rights. But you may benefit
indirectly because the Human Rights Act means all laws have
to be given a meaning and effect which is as close as possible
to the Convention rights.
It’s also a lot easier to insist on your rights if they are written
down. You can point them out to the person who you think is
ignoring them.
BUTWHAT ABOUT RESPONSIBILITIES?
ARE MY RIGHTS UNDER THE ACT UNLIMITED?
They are not. Most of the rights in the Human Rights Act have
some boundaries to prevent them unfairly affecting the rights
of others – or overriding the rights of the wider community. In
a democratic society everyone has rights. Your rights come
first, but so do everyone else’s. So we all have to accept some
limits on our rights in order to make sure others are treated
fairly.
For example, someone’s right to liberty might have to be
restricted if they have committed a crime. Freedom of speech
cannot mean the freedom to shout ‘Fire!’ in a crowded hall,
when there isn’t one.
Human Rights Act
8
HAS THE HUMAN RIGHTS ACT REALLY CHANGED
ANYTHING?
This is a type of higher law, affecting all other laws. The rights
and their limitations are really a set of basic values. Respect
for the rights and everything that goes with them is helping to
change the way people think and behave and to create an
atmosphere in which decisions and policies are discussed and
understood. How far the Human Rights Act improves the
quality of life for all in the UK depends on how far we all
respect the values it enshrines.
WHAT DOES THE HUMAN RIGHTS ACT MEAN
FOR DEMOCRACY?
Democracy is the only form of government which fits with the
Convention rights. Tolerance and broadmindedness are the
bedrock of democracy – and the bedrock of the Convention
rights. The Human Rights Act recognises the central place of
Parliament in our democracy.
It should encourage transparency and openness in
Government because public authorities will use the language
of the Convention rights to debate problems. Because that’s a
language we can all understand we will be better able to
understand what’s being said – and to join in.
WILL THE HUMAN RIGHTS ACT PLEASE EVERYONE?
Not all the time. There is bound to be argument over some
decisions and clashes between rights.We won’t all agree on
subjects like measures about privacy, victims’ rights or
freedom of expression. The Human Rights Act affects decisions
on these things. Some people are bound to feel that the wrong
answer is reached.
Human Rights Act
9
But the Human Rights Act should ensure proper debate and
that basic rights are respected in a balanced way.
WHAT DOES THE HUMAN RIGHTS ACT MEAN
FOROUR COURTS AND JUDGES?
The Human Rights Act helps them to protect individuals’
Convention rights. And they are able to check that the rights
of the wider community are properly balanced. If individuals’
rights have to be affected, the public authority will need to
show that it is not using a sledgehammer to crack a nut. This is
often referred to as ‘proportionality’: interfering with rights
only so far as it is necessary in order to achieve a specific
purpose set out in the Convention.
For example, there is a fundamental right to assembly – and a
right to meet with others.
So if the police or public authorities are thinking of banning
certain demonstrations or restricting marches to certain
routes, they must not just impose a blanket ban. They must
think carefully about what is proportionate so they don’t go
any further than necessary to guard against the risks to others
which they reasonably anticipate. Every court in the land has
been trained to help you when a public authority is acting
against your rights.
SOWILL THE COURTS BE ABLE TOOVERRULE
PARLIAMENT?
No. The Human Rights Act specifically says judges can’t
overrule Parliament. But the courts are able to develop the law
in line with the Convention rights.
Human Rights Act
10
Judges have always been able to develop the law themselves.
But the Human Rights Act means they operate within a
democratic code of values, based on your Convention rights.
DOES THE HUMAN RIGHTS ACT MEAN
MORE COURT CASES?
Not in the long run. Going to court is always a last resort. The
Human Rights Act helps to clarify rights and public authorities
understand how the courts interpret the law. In the early days
people tried to use the new law to find out just how the
balance would be struck between their rights and other
people’s rights. But judges have already made it clear that
they will not want to waste time on arguments that have no
merit.
For example, one of our fundamental rights is to marry if we
are of marriageable age. In the UK the law sets this at 16. It
would almost certainly be regarded as a time-waster to go to
court to argue that you should be allowed to marry at a
younger age. This is the sort of decision that every country is
allowed to take for itself.
WHAT ABOUT SCOTLAND,WALES AND
NORTHERN IRELAND?
The Parliament inWestminster has power to pass any laws, no
matter what the Convention says. The Assemblies inWales
and Northern Ireland and the Parliament in Scotland do not
have this power. If they pass laws which don’t fit with the
Convention rights the courts will overrule them.
Human Rights Act
11
HOWCAN I FINDOUT MORE?
For more information about the Human Rights Act visit:
www.humanrights.gov.uk
Or write to: Human Rights Division, Ministry of Justice, 6th
Floor, Selborne House, 54 Victoria Street, London SW1E 6QW
In Northern Ireland write to: The Equality and Human Rights
Unit, Office of the First Minister and Deputy First Minister
(OFMDFM), Room E3.18, Castle Buildings, Stormont Estate,
Belfast, BT4 3SR
In Scotland write to: Scottish Executive Justice Division, St
Andrew’s House, Regent Road, Edinburgh, EH1 3DG
InWales write to: Strategic Equality & Diversity Unit,Welsh
Assembly Government, Cathays Park, Cardiff, CF10 3NQ
A more detailed guide to the Human Rights Act, called the
Guide to the Human Rights Act, is available in the English and
Welsh languages. Call 020 7210 1437 or Minicom 0800 358
3506 for a free copy.
If you would like a copy of this leaflet on audio cassette or in
Braille, or any of the languages listed below, please call 020
7210 1437or Minicom 0800 358 3506.
This leaflet is available in the following languages:
Welsh, Bengali, Punjabi, Gujarati, Urdu, Arabic, Cantonese,
Polish, Somali, French, Tamil.
Human Rights Act
12