Human Rights Act
The Human Rights Act 1998
Coming from an international perspective, the legal system of the UK is a ‘dualist’ legal system. Civil legal systems, including countries such as France operate a ‘monist’ legal system. In dualist legal systems, any international treaties signed by the government do not have full legal effect until they have been drafted into a Bill and passed through parliament. In monist legal systems, treaties automatically have legal force without further legislation.
The Human Rights Act is directly based on the European Convention of Human Rights, which is a treaty signed by over 40 members state, which naturally includes non-EU members and some non-European countries.
Who does the Act apply to?
The Act protects individuals from public authorities who violate the rights listed below and includes the courts and individuals considered to be carrying out a public function.
Remedies under the Act
If a violation of a convention right is found, a court can grant “a relief or remedy, or make [an] order, within its powers as it considers just and appropriate.” In practice, remedies could include compensation, injunctions and orders of the court.
Rights in the Act
Before getting down to the main substance of the Act, one needs to consider that some rights under the Act are capable of being restricted whilst others are not. Articles 2 and 3 are examples of articles that cannot be restricted in scope. Articles 10 and 11 are examples of articles that can be restricted. However, simply stated, restrictions must be based on “just and reasonable grounds” of public policy.
The list of rights in the Act is fairly substantial and includes:
Article 2 – the right of every person to their life.
Article 3 – prohibition of torture, and “inhuman or degrading treatment or punishment”.
Article 4 – prohibition of slavery, servitude and forced labour.
Article 5 – right to liberty and security of person.
Article 6 – right to a fair trial, including the right to a public hearing before an independent and impartial tribunal within reasonable time and a presumption of innocence. Authorities will also have to make provisions for interpreters and translators where the accused cannot understand the charges against them and the legal proceedings because they are in a language which they cannot understand.
Article 7 – no person may be punished for an act that was not a criminal offence when the act was previously legal.
Article 8 – right to respect for one’s “private and family life, his home and his correspondence.
Article 9 – right to freedom of thought, conscience and religion.
Article 10 – the right to freedom of expression.
Article 11 – right to freedom of assembly and association, including the right to form trade unions.
Article 12 -right for women and men of marriageable age to marry and establish a family.
Article 13 – right for an effective remedy before national authorities for violations of rights under the Convention.
Article 14 – prohibition of discrimination.
Article 16 – allows states to restrict the political activity of foreigners.
This article is designed to give you a basic overview of the Human Rights Act. To get a fuller understanding of whether your human rights have been violated or not, it is advisable to seek professional legal advice.