Your Basic Human Rights

It is widely accepted that there are certain basic human rights common to all citizens. Until recently there was no single piece of UK legislation dealing with these rights. The Human Rights Act 1998 brought into force the European legislation on human rights.

The European Convention On Human Rights

The European Convention sets out the basic human rights considered to be fundamental to a civilised society. The human rights contained in the Convention are not necessarily absolute and may be limited or qualified depending on the circumstances. Rights may be categorised as follows:

• Absolute rights, which are so fundamental that they may never be overridden;
• Limited rights, which may be overridden in some specific circumstances;
• Qualified rights, which may be overridden if it is necessary to do so to give effect to a law or in the interests of society.

The Human Rights Act 1998

The Human Rights Act came into force in 2000. The Act gives effect to the European Convention on Human Rights and adopts the same basic rights as set out in the Convention.

The purpose of the Human Rights Act is to ensure that public authorities respect the human rights of individuals and that individuals have recourse to the UK courts if their rights are breached. All existing legislation should be interpreted in such a way as to give effect to the principles contained in the Human Rights Act.

The Human Rights Act has been controversial and has tended to divide public opinion. At one end of the spectrum there are those who believe that the Act gives a licence to some members of society to avoid due legal process; at the other end, some do not think that the Act provides enough protection.

The Basic Human Rights

The fundamental human rights set out in the European Convention on Human Rights and adopted by the Human Rights Act include:

• The right to life, (not an absolute right); prohibition of torture, inhuman or degrading treatment or punishment; prohibition of slavery, (both absolute rights); abolition of the death penalty.
• The right to liberty and security, to a fair trial and to no punishment without law.
• The right to respect for private and family life; the right to marry; the protection of property; the right to education.
• Freedom of thought and religion; freedom of expression; freedom of assembly; right to free elections.
• The prohibition on discrimination in the application of these human rights.

It should be reiterated that these rights are rarely absolute. Even the general prohibition on the death penalty may be overridden by a government in wartime.

Legal Claims Based on Human Rights

Before the Human Rights Act people who thought that their human rights had been infringed were forced to bring legal claims in the European Court of Human Rights. Human rights claims can now be brought in the UK courts. The Act may also be raised in an existing legal case – for example, as a defence.

If an individual thinks that a public authority has infringed their human rights it is possible that they will have the basis of a legal claim. However, even if a human right has been infringed it does not necessarily mean that a claim will be successful. Any court hearing a human rights case will have to consider not only whether the human right was breached but also whether the public authority was justified in breaching it.

The human rights legislation specifically states that rights most may be overridden and few of the human rights are deemed to be absolute. Therefore a case brought in relation to a breach is likely to fail if the public authority acted in accordance with the law, in the interests of a democratic society or to bring into effect an intention of human rights law.

The starting point where there has been an apparent breach of a human right is to discuss it with the public authority in question. If they have a formal complaints procedure in place this should be followed. If at this stage the individual is still not satisfied with the treatment they have received they may wish to consider legal action. Before starting a claim expert legal advice should be taken on the grounds and merits of the case.

The Courts’ Powers

If a human rights case is successful the court may make various different orders. To some extent these will depend on the type of case that is brought. Depending on the circumstances, a court’s powers include the ability to: quash a public authority’s decision; award damages; quash a conviction; and, to prevent a public authority from carrying out a particular action.