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Continuing on from last month when we looked
at the European Convention of Human Rights, we take a closer
look at the 16 basic rights contained within the Human Rights
Act of 1998.
In order to improve access to justice and the
fairness of our laws and procedures, the Human Rights Act
1998 was passed, incorporating into our law nearly all the
rights contained in the Convention. Under this Act all our
laws must, as far as possible, conform to the rights listed
under the Convention, and public bodies - such as the armed
forces, local authorities, schools, hospitals, the police,
prisons and the courts - must carry out their work in a way
that respects these basic human rights. If they don't, then
the law or the actions of the public body can be challenged
in our own courts. If a court says that an Act of Parliament
is "incompatible" with the rights in the Convention,
the Government can amend it quickly by using a special procedure.
As we have already mentioned there are 16 basic
rights in the Human Rights Act. They don't only affect matters
of life and death like freedom from torture and killing; they
also affect people's rights in everyday life: what they can
say and do, their beliefs, their right to a fair trial and
many other similar basic entitlements.
(Article 1 is introductory)
Article 2 Right to life
Everyone 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, e.g.
if a police officer acts justifiably in self-defence. The
Human Rights Ad has completely abolished the death penalty
in the UK.
Article 3 Prohibition of torture
Everyone has the absolute right not to be tortured or subjected
to treatment or punishment that is inhuman or degrading.
Article 4 Prohibition of slavery and forced
labour
Everyone has 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
Everyone has the right not to be deprived of their liberty
- "arrested or detained" - except in limited cases
specified in the Article (e.g. where they 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
Everyone has the right to a fair and public hearing within
a reasonable period of time. This applies to both criminal
charges and in sorting out cases concerning 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 judgment) in order
to protect national security or public order. Anyone facing
a criminal charge is presumed innocent until proved guilty
according to law and has certain minimum guaranteed rights
to defend themselves.
Article 7 No punishment without law
Everyone normally has the right not to be found guilty of
an offence arising out of actions which at the time they were
committed were not criminal. There is also protection against
later increases in the possible sentence for an offence.
Articles 8-11
The rights to the following freedoms (in Articles 8 to 11)
may be restricted where this is necessary to protect things
like public health or safety, the rights of others or to prevent
crime (including racial offences).
Interference with these rights that goes too far can be challenged
in the courts who will try to strike a fair balance.
Article 8 Right to respect for private life
Everyone has the right to respect for their private and family
life, their home and their correspondence.
Article 9 Freedom of thought, conscience
and religion
Everyone is free to hold whatever views, beliefs and thoughts
(including religious faith) they like.
Article 10 Freedom of expression
Everyone has the right to express their views on their own
or in a group. This applies even if they are unpopular or
disturbing. This right can be restricted in specified circumstances.
Article 11 Freedom of assembly and association
Everyone has the right to get together with other people in
a peaceful way. They 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.
Our national law still governs how and at what age this can
take place.
(Article B, which deals with legal remedies,
is not incorporated into our law)
Article 14 Prohibition of discrimination
Everyone has the right to benefit from these Convention rights
regardless of race, religion, sex, political views or any
other status, unless a restriction can be reasonably justified.
Article 1 of Protocol 1 * Protection of property
Everyone has the right to the peaceful enjoyment of their
possessions. Public authorities cannot usually interfere with
things we own or the way we use them, except in specified
limited circumstances.
Article 2 of Protocol 1 * Right to education
Everyone has the right not to be denied access to the educational
system.
Article 3 of Protocol 1 * Right to free elections
Elections must be free and fair, and take place by secret
ballot. Some restrictions can be placed on those who are allowed
to vote (e.g. a minimum age).
Articles 1 and 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.
" (a 'protocol' is a later addition to the Convention)
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