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Human Rights

The Human Rights Legislation

The Human Rights Act came into force on 2nd October 2000 and incorporates into UK Law certain rights and freedoms set out in the European Convention on Human Rights: These are known as Convention rights.


· · Right to Life (article 2)

· · Protection from torture and inhuman or degrading treatment or punishment (article 3)

· · Protection from slavery and forced or compulsory labour (article 4)

· · The right to liberty and security of person (article 5)

· · The right to a fair trial (article 6)

· · Protection from retrospective criminal offences (article 7)

· · The protection of private and family life (article 8)

· · Freedom of thought, conscience and religion (article 9)

· · Freedom of expression (article 10)

· · Freedom of association and assembly (article 11)

· · The right to marry and found a family (article 12)

· · Freedom from discrimination (article 13)

· · The right to property (article 1 of the first protocol)

· · The right to education (article 2 of the first protocol)

· · The right to free and fair elections (article 3 of the first protocol)

· · The abolition of the death penalty in peacetime (articles 1 and 2 of the sixth protocol)

By article 1 of the Convention, countries who have signed up to the Convention must secure the above rights for everyone in their jurisdiction and individuals must also have an effective remedy to protect those rights in the country's courts without the need to go to the European Court of Human Rights. The role of the European Court of Human Rights will be to determine whether the domestic courts have been true to the Convention. All national courts and tribunals must take into account the case law of the European Court of Human Rights.

The Human Rights Act therefore has an impact on areas such as criminal law, family law, housing law, employment law and education law.

The Act binds public authorities, government departments, local authorities, courts, bodies running nursing and residential homes, schools etc. These public authorities must not breach an individual's rights.

Many of the Articles do allow rights to be breached if for example, it is in accordance with the national laws of the country or is necessary in the interests of national security, public safety or the economic well-being of the country, for the prevention of crime or disorder,  the protection of health or morals, or to protect the freedom and rights of others.

 

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