Human Rights Act 1998
sets out the fundamental rights and freedoms that everyone in the UK is entitled to. incorporates rights from thee ECHR into domestic british law
effects of the hra
- if rights have been breached, can seek justice and take your case to a uk court
- public bodies (courts, police, schools) must respect and protect your rights
- parliament should make sure that new laws are made compatible with the rights set out in the ECHR, and the courts will also interpret laws in a way which is compatible with the ECHR rights wherever possible
Article 2: Right to Life*
(non absolute)
everyone’s right to life shall be protected by law, no one shall be deprived of his life intentionally except in the execution of a sentence of a court following conviction of a crime.
deprivation of life shall not be regarded as violating this article if it results from the use of force that is no more than absolutely necessary.
- defence from unlawful violence
- effect a lawful arrest or prevent the escape of a person lawfully detained
- in action lawfully taken to quell a riot/insurrection
Article 3: Prohibition of torture
no one shall be subjected to torture, inhuman, or degrading treatment or punishment.
absolute
Article 4: Prohibition of slavery and forced labour
(non absolute)
no one shall be held in slavery/servitude, and to perform forced/compulsory labour (rob to note nature, conditions, duration of work and presence of freedom of choice)
‘forced or compulsory labour’ does not include
- any work done in the ordinary course of lawful detention, or during conditional release from such detention
- any service of a military character, or service exacted instead of compulsory military service in the case of conscientious objectors
- any service in case of an emergency/calamity threatening the life & well-being of the community
- any work which forms part of civil obligation
Article 5: Right to liberty and security
(non-absolute)
every has a right to liberty and security of person, except in:
- the lawful detention of a person after conviction by competent court
- lawful detention of a person for the purpose of bringing him before legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence, or fleeing after having done so
- the lawful detention of a minor for the purpose of educational supervision or for bringing him before legal thorium
- the lawful detention of persons for preventing the spread of infectious diseases, of unsound mind, alcoholics, drug addicts, or vagrants
- the lawful detention of a person to prevent his unauthorised entry into a country, or whose action is taken with a view to deportation/extradition
Article 6: Right to a fair trial
(absolute)
in the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled a fair and public hearing within reasonable time by an independent and impartial tribunal established by law.
judgement shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security, where the interests of juveniles or the protection of the private life of the parties so require, or if the court opines when publicly would prejudice the interests of justice.
everyone charged with a criminal offence shall be presumed innocent until proven guilty according to law.
Article 7: No punishment without law
(absolute)
No one shall be held guilty of any criminal offence on account of any act/omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one applicable at the time the offence was committed.
Article 8: Right to respect for private and family life*
(non absolute)
Everyone has the right to respect for his private and family life, his home and his correspondence.
Broad interpretation to include: sexual orientation, lifestyle, dressing, right to control over your body (authorities cannot take unconsensual blood sample or leave you naked in a ward)
No interference except:
- in accordance with the law or necessary in the interests of national security, public safety, or economic well-being of the country
- prevention of disorder or crime, protection of health and morals, or protection of the rights and freedom of others
Article 9: Freedom of thought, conscience and religion*
(non absolute)
Includes freedom to change one’s religion/belief and freedom to manifest his religion/belief in worship teaching, practice, and observance, either alone or in a community with others.
Except for in the interests of public safety
- For the protection of public order, health or morals, or for the protection of the rights and freedoms of others
Article 10: Freedom of expression*
(non absolute)
Includes freedom to hold opinions and to receive and impart information/ideas without interference by public authority.
The exercise of these freedoms, since it comes with duties and responsibility, may be subject to formalities, conditions, restrictions, or penalties for:
- the prevention of disorder or crime, the protection of health or morals and national security
- the protection of the reputation or rights of others (Article 8)
- maintaining the authority and impartiality of the judiciary
Article 11: Freedom of assembly and association
(non absolute)
Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and join trade unions for the protection of his interests.
Unless for:
- the interests of national security or public safety, for the prevention of disorder or crime
- for the protection of health or morals or protection of the rights and freedoms of others
members of the armed forces, police, or administration of the state are still able to impose lawful restrictions on these rights
Article 12: Right to marry
(non absolute)
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
The gov is able to restrict the right to marry (relatives and minors) any restrictions must not be arbitrary and not interfere with the essential principle of the right.
Article 14: Prohibition of discrimination
(absolute)
The enjoyment of the rights/freedoms set forth in the HRA shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political opinion, national or social origin, association with a national minority, property, birth or other status.
Protocol 1 Article 1: Protection of property
(non absolute)
Everyone is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by the law. (land, houses. objects, shares, licenses, leases, patents, money, pensions, and certain welfare benefits)
This provision shall not impair the right of a State to enforce necessary laws to control the use of property in accordance with the general interest or to secure the payment of taxes/contributions or penalties/fines (must show that it is necessary for public interest)
Protocol 1 Article 2: Right to education
(non absolute)
No one shall be denied the right to education (admissions policies do not violate this right as long as they are objective and reasonable)
In the exercise of any functions in relation to education/training, the State shall respect the rights of parents to ensure such education/teaching is in conformity with their own religious and philosophical convictions.
As long as these beliefs are properly considered, education authorities can still depart from them, provided with good reason, objectivity, and catering to a diversity of beliefs and worldviews. This right does not require the government to provide or subsidise any type of education, and it still can regulate the way education Is delivered.
Protocol 1 Article 3: Right to free elections
(non absolute)
The right to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people.
Limited right that can be restricted by the government if the restriction is lawful, legitimate, proportionate, and the least restrictive option is available
- the gov can decide on matters like the electoral system, the minimum voting age, and other conditions for holding elections
- prisoners serving custodial sentence in the UK do not have the right to vote
Protocol 13 Article 1: Abolition of the death penalty under all circumstances (ratified since 2002)
No one shall be condemned to such a penalty, as it is a violation of the right to life (Article 2) and freedom from inhumane torture and treatment (Article 3)
