Human rights are basic rights and freedoms that belong to every person in the world. They are based on core principles like dignity, fairness, equality, respect and autonomy. Up until 2000, people in the United Kingdom had to complain to the European Court of Human Rights in Strasbourg if they felt their rights under the European Convention of Human Rights had been breached.

The Human Rights Act may be used by every person resident in England or Wales regardless of whether or not they are a British citizen or a foreign national, a child or an adult, a prisoner or a member of the public. It can even be used by companies or organisations.

If you live in Scotland then the Scottish Human Rights Commission is responsible for promoting and protecting human rights of everyone in Scotland. The Commission has a general duty to promote and protect the human rights of everyone in Scotland. It does not have the power to provide legal assistance, advice or guidance to an individual who believes that their human rights have been breached or who may wish to take a claim of human rights to court.

If you need advice and support on an issue relating to human rights whether you are resident in England, Scotland or Wales you can contact the EASS helpline free of charge. You can find our contact details at the bottom of this page or alternatively click on the ‘contact us’ page.

Human Rights Act 1998

The Human Rights Act 1998 came into force in 2000 and made these human rights part of our domestic law. Courts in the United Kingdom can now hear human rights cases. The Act ‘gives further effect’ to rights and freedoms guaranteed under the European Convention. This actually means two things:

• Judges must read and give effect to legislation in a way which is compatible with the Convention rights; and
• It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

How do human rights help you?

All public bodies (such as courts, police, local governments, hospitals, publicly funded schools, and others) and other bodies carrying out public functions have to comply with the Convention rights

What rights does the Human Rights Act protect?

The Act sets out the fundamental rights and freedoms that individuals in the UK have access to. It is important to remember there are certain circumstances in which these rights can be legitimately restricted. For example the right to life is an absolute right; however this right can be ‘interfered’ with by a public body such as the police if their aim is to stop a riot or to prevent members of the public from being hurt.

Protected rights are:

• The right to life - protects your life, by law. The state is required to investigate suspicious deaths and deaths in custody;
• The prohibition of torture and inhuman treatment - you should never be tortured or treated in an inhuman or degrading way, no matter what the situation;
• Protection against slavery and forced labour - you should not be treated like a slave or subjected to forced labour;
• The right to liberty and freedom - you have the right to be free and the state can only imprison you with very good reason - for example, if you are convicted of a crime;
• The right to a fair trial and no punishment without law - you are innocent until proven guilty. If accused of a crime, you have the right to hear the evidence against you, in a court of law;
• Respect for privacy and family life and the right to marry - protects against unnecessary surveillance or intrusion into your life. You have the right to marry and raise a family;
• Freedom of thought, religion and belief - you can believe what you like and practise your religion or beliefs;
• Free speech and peaceful protest - you have a right to speak freely and join with others peacefully, to express your views;
• No discrimination - everyone’s rights are equal. You should not be treated unfairly - because, for example, of your gender, race, sexuality, religion or age;
• Protection of property, the right to an education and the right to free elections - protects against state interference with your possessions; means that no child can be denied an education and that election must be free and fair.

What does that mean for me?

If you can show that a public authority has interfered with any of the rights recognised by the Convention you can take action in a number of different ways. For example:

• You could write to the public authority concerned and remind them of their legal obligations under the Human Rights Act and ask them to rectify the situation; if you have tried to resolve the issue but you remain dissatisfied with the outcome, this is where the EASS may be able to assist you further.
• If you went to court the court may find that a particular action (or inaction) of a public authority is (or would be) unlawful. It can tell the public authority to stop interfering with your right or to take action to protect your right;
• If the court is satisfied that a provision of a law is incompatible with a Convention right, it may make a declaration of incompatibility. This is just a formal legal statement that the particular law interferes with human rights. It does not have immediate effect but strongly encourages Parliament to amend or repeal the law in question.