What Are Human Rights s1

Introduction to Human Rights

What Are Human Rights?

Human Rights are rights and freedoms that belong to all individuals regardless of their nationality and citizenship. They are fundamentally important in maintaining a fair and civilised society.

What is the European Convention on Human Rights?

The European Convention of Human Rights (ECHR) was drafted by the nations of the Council of Europe (including the UK) in the aftermath of World War ll. The Council of Europe was founded to defend human rights, parliamentary democracy and the rule of the law and to ensure that the atrocities and cruelties committed during the war would never be repeated.

What is the Human Rights Act?

The Human Rights Act 1998 (also known as the Act of the HRA) came into force in the United Kingdom in October 2000. It is composed of a series of sections that have the effect of codifying the protections in the European Convention on Human Rights into UK law.

All public bodies (such as courts, police, local government, hospitals and publically funded schools) and other public bodies have to comply with the Convention Rights.

This means, among other things, that individuals’ can take human rights cases into domestic courts; they no longer have to go to Strasbourg to argue their case in the European Court of Human Rights.

What does the Human Rights Act do?

It makes the human rights contained in the ECHR enforceable by UK law. This means that it is unlawful for a public authority to act in a way that is incompatible with a Convention right. Anyone who feels that one or more of their rights have been breached by a public authority can raise the matter in an appropriate court or tribunal. It should mean that people across society are treated with respect for their human rights promoting values such as dignity, fairness, equality and respect.

1 What are the Convention Rights?

There are 16 basic rights in the Human Rights Act – All taken from the European Convention on Human Rights as you would expect. These rights not only impact matters of life and death, they also affect the rights you have in your everyday life.

These basic rights are:

 The right to life A person has the right to have their life protected by law. There are only certain very limited circumstances where it is acceptable for the state to take away someone’s life.

 Freedom from torture and degrading treatment A person has the absolute right not to be tortured or subjected to treatment or punishment which is inhuman or degrading.

 Freedom from slavery and forced labour A person has the absolute right not to be treated as a slave or to be required to perform forced or compulsory labour.

 The right to liberty and security A person has the right not to be deprived of their liberty – arrested or detained – except in limited cases for example if they are convicted of a crime.

 The right to a fair trial A person has the right to a fair and public hearing within a reasonable period of time.

 The right not to be punished for something that wasn’t a crime when you did it A person normally has the right not to be found guilty of an offence arising out of actions which at the time they committed them were not a crime.

 The right to respect for private and family life A person has the right to respect for their private and family life, their home and their correspondence. This right can be restricted only in specified circumstances.

 Freedom of thought, conscience and religion and freedom to express your beliefs A person is free to hold a broad range of views, beliefs and thoughts, and to follow a religious faith. The right to manifest those beliefs may be limited only in specific circumstances.

2  Freedom from expression A person has the right to hold opinions and express their views on their own group. This applies even if those views are unpopular or disturbing. This right can be restricted only in specified circumstances.

 Freedom of assembly and association A person has the right to assemble with other people in a peaceful way. They also have the right to associate with other people, which includes the right to form a trade union. These rights may be restricted only in specified circumstances.

 The right to marry and to start a family Men and women have the right to marry and start a family. National law will still govern how and at what age this can take place.

 The right not to be discriminated against in respect of these rights and freedoms In the application of the Convention Rights, a person has the right not to be treated differently because of their race religion, sex, political views or any other personal status, unless this can be justified objectively. Everyone must have equal access to Convention Rights, whatever their status.

 The right to peaceful enjoyment of your property A person has the right to the peaceful enjoyment of their possessions. Public authorities cannot usually interfere with things people own or the way they use them, except in specified limited circumstances.

 The right to education A person has the right not to be denied access to the educational system.

 The right to participate in 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 who is eligible to vote.

 The right not to be subjected to the death penalty These provisions abolish the death penalty.

Most rights have limits to ensure that they do not unfairly damage other people’s rights.

Not all of the rights carry the same weight. They can be grouped into three broad types:

3  Absolute Rights – Such as the right to protection from torture and inhuman and degrading treatment. The State can never withhold or take away these rights.  Limited Rights – such as the right to liberty. These rights may be limited under explicit and finite circumstances.  Qualified Rights – rights which require a balance between the rights of the individual and the needs of the wider community or state interest. These include the right to respect for private and family life, the right to freedom of assembly and association and the right to education.

What does the Human Rights Act mean for public authorities?

All public authorities in the UK have an obligation to respect the Contravention Rights. This means that authorities must understand those rights and take them into account in their day-to-day work. This is the case whether you are delivering a service directly to the public or are devising new policies or procedures.

Points to remember

It will be useful to bear in mind the following points when reading this guide and also when applying human rights in the workplace:

 Whilst some rights conferred by the Convention are absolute (for example the right not to be subjected to torture or inhuman or degrading treatment or punishment), in general the rights of one person cannot be used to ‘trump’ the rights of the general public to be kept safe from a real risk of serious injury or loss of life.  Always be aware of other existing guidance that may be relevant to the decision or policy that you are developing and consider how it fits in.  If there is any uncertainty or the matter is particularly complex, consider seeking legal advice.

4 Relevant organisations and contacts

Ministry of Justice Human Rights Division 102 Petty France Post point 7.23 London SW1H 9AJ

Tel 020 3334 3734

Equality and Human Rights Commission Helpline Freepost RRLL-GJUX-CTRX Arndale House Arndale Centre Manchester M4 3AQ

Tel 0845 604 6610 England main number

British Institute of Human Rights King’s College London 7th Floor 39 Melbourne House 46 Aldwych BT1 1NA London WC2B 4LL

Tel 020 7848 1818

Sources

Equality and Human Rights Commission, what are Human Rights, 2012 Ministry of Justice, Making sense of human rights, a short introduction October 2006

5 S. Allman July 2012