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Human Rights Act (1998)

The Human Rights Act 1998 formally came into force in October 2000.  It incorporated the European Convention of Human Rights into UK law allowing individuals to petition the domestic courts in defence of their Convention rights, rather than having to take their claim to the European Court of Human Rights.

The Act gives legal effect in the UK to the fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR). These rights not only affect matters of life and death like freedom from torture and killing but also affect rights in everyday life such as what you can say and do your beliefs, your right to a fair trial and many other similar basic entitlements.

UK law includes a range of human rights which protect from poor treatment and prejudice, and gives everyone equal and fair treatment from public authorities.  The Act urges public authorities to apply a human rights framework to decision making across public services in order to achieve better service provision.

Applying a ‘human rights framework’ means including core human rights values, such as equality, dignity, privacy, respect and involvement in decision making.  Whether a public service is being delivered directly to the public or a new plan or procedure is being devised public authorities must take human rights into account in their everyday work.

It also places a duty on individuals to respect the rights of other people and not exercise yours in a way which is likely to stop them from being able to exercise theirs.

Human rights are based on core principles like dignity, fairness, equality, respect and autonomy.  They are relevant to your day-to-day life and protect your freedom to control your own life, effectively take part in decisions made by public authorities which impact upon your rights and get fair and equal services from public authorities.  They help you to flourish and fulfil your potential through:

Human Rights incorporated into British law are:

Article 2: The Right to Life

Everyone's right to life shall be protected by law.  No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which the penalty is provided by law.

Article 3: Freedom from Torture, Inhumane or Degrading Treatment

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 4: Freedom From Forced Labour

No one shall be held in slavery or servitude.  No one shall be required to perform forced or compulsory labour.

Article 5: The Right to Liberty

Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in accordance with a procedure prescribed by law:

Article 6: The Right to a Fair Trial

In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

Article 7: Retrospective Crimes

No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed.

Article 8: The Right to Privacy

Everyone has the right for his private and family life, his home and his correspondence.

Article 9: Freedom of Conscience

Everyone has the right to freedom of thought, conscience and religion.

Article 10: Freedom of Expression

Everyone has the right of freedom of expression.

Article 11: Freedom of Assembly

Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

Article 12: The Right To Marriage and Family

Men and women of marriageable age shall have the right to marry and to found a family.

Article 14: Freedom From Discrimination

The enjoyment of the rights and freedoms set forth in this convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

If any of these rights and freedoms are abused you have a right to an effective solution in law, even if the abuse was by someone in authority, for example, a policeman.

Contact Details

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  • Fax 01323 436437