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Hundreds of laws have been passed affecting every aspect of our lives.
Sometimes it can be difficult to know what our basic rights really are.
Fifty years ago Britain helped to enshrine our basic liberties into the
European Convention on Human Rights. But we could only claim them by taking
the long road to Strasbourg.
The Human Rights Act means that we can safeguard our rights here 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 some 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.
JACK STRAW
LORD IRVINE OF LAIRG
The Human Rights Act 1998 is a new law in full force from 2 October 2000.
It gives further effect in the UK to the fundamental rights and freedoms
in the European Convention on Human Rights (ECHR).
The new law does three simple things:
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 Second World 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 the ECHR has until now not been part of the UK's domestic law. So
our courts have not normally been able to deal with claims.
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 freedom from 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, eg if a police officer acts justifiably
in self defence.
ARTICLE 3 PROHIBITION OF TORTURE
You have the absolute right not to be tortured or subjected to treatment
or punishment which is inhuman or degrading.
ARTICLE 4 PROHIBITION OF 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 (eg where you are suspected
or convicted of committing a crime) and where this is justified by a clear
legal procedure.
ARTICLE 6 RIGHT TO A 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 PUNISHMENT WITHOUT 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.
The rights in Articles 8 to 11 may be limited 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.
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 FREEDOM OF 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 FREEDOM OF EXPRESSION 7
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 FREEDOM OF 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.
(Article 13 is not included in the Human Rights Act)
ARTICLE 14 PROHIBITION OF 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 1 OF PROTOCOL 1 PROTECTION OF PROPERTY
(a 'protocol' is a later addition to the Convention)
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 2 OF PROTOCOL 1 RIGHT TO EDUCATION
You have the right not to be denied access to the educational system.
ARTICLE 3 OF PROTOCOL 1 RIGHT TO FREE ELECTIONS
Elections for members of the legislative body (eg Parliament) must be free and fair and take place by secret ballot. Some qualifications may be imposed on those that are eligible to vote (eg a minimum age).
ARTICLE 1 OF PROTOCOL 6 / ARTICLE 2 OF PROTOCOL 6
ABOLITION OF THE DEATH PENALTY
These provisions abolish the death penalty. There can be limited exceptions
in times of war but only in accordance with clearly specified laws.
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.
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 Ministers, civil servants, 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.
People who work for public authorities have been trained in the new law.
And every time Government proposes a new law in Parliament it has to make
a statement under the Human Rights Act about how the new law fits in with
the Convention 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.
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.
It should do. 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 should help change the
way people think and behave and create an atmosphere in which decisions
and policies are discussed and understood. How far the Human Rights Act
will improve the quality of life for all in the UK depends on how far we
all respect the values it
enshrines.
Democracy is the only form of government which fits with the Convention
rights. Tolerance and broad-mindedness 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.
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 may affect
decisions on these things. Some people are bound to feel that the wrong
answer is reached. But the Human Rights Act should ensure proper debate
and that basic rights are respected in a balanced way.
The Human Rights Act will help them protect individuals' Convention rights.
And they will be 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.
No. The Human Rights Act specifically says judges can't overrule Parliament.
But the courts will be able to develop the law in line with the Convention
rights.
Judges have always been able to develop the law themselves. But the Human
Rights Act means they will operate within a democratic code of values, based
on your Convention rights.
Not in the long run. Going to court is always a last resort. The Human Rights Act will help clarify rights and public authorities will soon understand how the courts are likely to interpret the law. In the early days people may try to use the new law to find out just how the balance will 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.
The Parliament in Westminster has power to pass any laws, no matter what the Convention says. The Assemblies in Wales 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.
For more information about the Human Rights Act visit: www.humanrights.gov.uk
Or write to: Human Rights Unit Helpdesk, Department of Constitutional Affairs, Selborne House, 54-60 Victoria Street, London SW1E 6QW.
In Northern Ireland write to: The Human Rights Directorate, Office
of the First Minister and Deputy First Minister, Castle Buildings, Stormont,
Belfast BT4 3SG.
In Scotland write to: Scottish Justice Department, Saughton House,
Broomhouse Drive, Edinburgh EH11 3XD.
In Wales write to: 'Human Rights', PEP Division, National Assembly
for Wales, Crown Buildings, Cathays Park, Cardiff CF10 3NQ.
A more detailed guide to the Human Rights Act, called the
Study Guide, is available here.
Call 0845 600 1151 or Minicom 0845 600 0347 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, please call
0845 600 1151 or Minicom 0845 600 0347.
This leaflet is available in the following languages:
Arabic, Bengali, Chinese, English, Greek, Gujarati, Hindi,
Punjabi, Somali, Turkish, Urdu, Vietnamese, Welsh.
HRG1 . 10/ 2000 . © Crown Copyright . Published by Home Office Communication Directorate