Human rights are basic freedoms that belong to everyone, no matter where they’re from or how they live. They can’t be taken away, but there are times when they might be restricted, like if someone breaks the law or for national security reasons.
Human rights are based on values like dignity, fairness, equality, respect, and independence. In this article, we'll explore what human rights are in the UK and why they are important.
Table of Contents
What is the European Convention on Human Rights?
The European Convention on Human Rights, created in 1950 and enforced in 1953, was the first legal agreement to make certain human rights binding. It aimed to implement rights from the Universal Declaration of Human Rights.
Why are human rights important?
Human rights are important for everyone, not just those facing oppression. They safeguard various aspects of your daily life, including your:
Right to hold and express your opinions.
Right to access education.
Right to privacy and family life.
Protection against mistreatment or unjust punishment.
What are our human rights in the UK?
The Human Rights Act of 1998 covers our human rights in the UK. The Act aims to strengthen the rights and freedoms outlined in the European Convention on Human Rights.
The Human Rights Act allows individuals to seek justice in British courts if their human rights are violated. The Act also outlines the obligation of public bodies, such as courts, police, local authorities, hospitals, and publicly funded schools, to respect and safeguard individuals’ human rights.
The Human Rights Act also ensures new laws are compatible with Convention rights. While Parliament holds ultimate authority and can pass laws that contradict these rights, the courts strive to interpret laws in a manner consistent with human rights whenever feasible.
There are 16 rights in total. Each one is referred to as a separate article dealing with a different right. In the act, they are referred to as ‘the Convention Rights’ which are specific rights and fundamental freedoms listed in the European Convention on Human Rights.
They are:
Right to Life
Everyone has the right to life, and this is safeguarded by law. No one should be intentionally deprived of their life, however deprivation of life is not considered a violation of this Article if it happens under specific circumstances where the use of force is deemed necessary to:
Defend yourself or others from unlawful violence,
Carry out a lawful arrest or prevent the escape of a person lawfully detained,
Quell a riot or insurrection lawfully.
Prohibition of Torture
Nobody should be subjected to torture or inhumane or degrading treatment or punishment.
Prohibition of slavery and forced labour
No one should be held in slavery or servitude. Similarly, nobody should be compelled to perform forced or compulsory labour against their will.
The term forced or compulsory labour does not include:
Work required as part of detention or during conditional release from such detention.
Military service or alternative service for conscientious objectors in countries where recognised.
Service required during emergencies or disasters that threaten community well-being.
Work or service that is part of normal civic obligations.
Right to Liberty and Security
Everyone has the right to freedom and security of person. Nobody should be deprived of their liberty except in specific circumstances and according to legal procedures, which include:
Detention after conviction by a competent court.
Arrest or detention for failing to comply with a court order or to ensure compliance with legal obligations.
Arrest or detention based on reasonable suspicion of committing a crime or to prevent further offences or escape.
Detention of minors for educational supervision or to bring them before legal authorities.
Detention for public health reasons, mental health issues, substance abuse, or vagrancy.
Arrest or detention to prevent unauthorised entry into the country or for deportation or extradition proceedings.
Anyone who is arrested must be promptly informed, in a language they understand, of the reasons for their arrest and any charges against them.
Those arrested or detained must be promptly brought before a judge or legal authority, and they are entitled to a trial within a reasonable time or release pending trial, with the possibility of conditional release.
Individuals deprived of their liberty have the right to challenge the lawfulness of their detention in court, and if found unlawful, they must be released. Anyone unlawfully arrested or detained can seek compensation for their suffering and loss of liberty.
Right To A Fair Trial
Everyone has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment must be pronounced publicly, although the press and public may be excluded from parts of the trial if necessary:
In the interest of morals, public order, or national security.
When the interests of juveniles or the protection of the private life of the parties require it.
In special circumstances where publicity would prejudice the interests of justice.
Anyone accused of a criminal offence is presumed innocent until proven guilty according to law.
Individuals facing criminal charges have the following minimum rights to:
Be promptly and fully informed, in a language they understand, of the nature and details of the accusation against them.
Have sufficient time and resources to prepare their defence.
Defend themselves in person or through legal representation of their choice. If unable to afford legal assistance, they must be provided with it free of charge if the interests of justice require it.
Examine or have examined witnesses against them and present witnesses on their behalf under the same conditions as those against them.
Have the assistance of an interpreter if they do not understand the language used in court.
No Punishment Without Law
Nobody should be found guilty of a criminal offence for an act or omission that was not considered criminal under national or international law at the time it occurred.
Additionally, the penalty imposed for a criminal offence should not be more severe than the one applicable when the offence was committed.
This, however, does not prevent the trial and punishment of individuals for acts or omissions that were criminal based on general principles of law recognised by civilised nations at the time they occurred.
Right to Privacy and Family Life
Everyone has the right to have their private and family life, their home, and their correspondence respected.
Public authorities should not interfere with the exercise of this right except when such interference is following the law and necessary in a democratic society for reasons such as national security, public safety, economic well-being, prevention of disorder or crime, protection of health or morals, or protection of the rights and freedoms of others.
Freedom of Thought, Conscience, and Religion
Everyone has the right to freedom of thought, conscience, and religion. This includes the freedom to hold beliefs, change one's religion or belief, and practice or manifest religion or belief, either alone or with others, publicly or privately, in worship, teaching, practice, and observance.
The freedom to manifest one's religion or beliefs may be subject only to limitations prescribed by law. These limitations must be necessary in a democratic society for reasons such as public safety, protection of public order, health or morals, or protection of the rights and freedoms of others.
Freedom of Expression
Everyone has the right to freedom of expression, which includes the freedom to hold opinions and to receive and share information and ideas without interference from public authorities and regardless of borders. However, this does not prevent states from requiring licenses for broadcasting, television, or cinema enterprises.
While individuals have the right to express themselves freely, this right comes with duties and responsibilities. Therefore, it may be subject to certain formalities, conditions, restrictions, or penalties prescribed by law. These limitations must be necessary in a democratic society for reasons such as:
National security, territorial integrity, or public safety.
Prevention of disorder or crime.
Protection of health or morals.
Protection of the reputation or rights of others.
Prevention of the disclosure of confidential information.
Maintenance of the authority and impartiality of the judiciary.
Freedom of Assembly and Association
Everyone has the right to peacefully assemble and associate with others, including the right to form and join trade unions to protect their interests.
These rights may only be restricted by law and must be necessary in a democratic society for reasons such as:
National security or public safety.
Prevention of disorder or crime.
Protection of health or morals.
Protection of the rights or freedoms of others.
This does not prevent lawful restrictions on these rights by members of the armed forces, police, or state administration.
Right to Marry
Men and women of marriageable age have the right to marry and establish a family. This right is subject to the national laws governing marriage.
Prohibition of Discrimination
Everyone is entitled to the rights and freedoms established in the Convention without facing unjust discrimination based on any ground, including sex, race, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, or other status.
Restrictions on the Political Activity of Aliens
Member states are allowed to impose restrictions on the political activities of non-citizens (aliens) without violating the rights outlined in Articles 10, 11, and 14 of the Convention.
Prohibition of Abuse Rights
No interpretation of this Convention should imply any right for any State, group, or individual to engage in activities or acts aimed at destroying the rights and freedoms outlined in the Convention or limiting them beyond what is provided for in the Convention.
Limitation on Use of Restrictions
Any restrictions placed on rights and freedoms should only be used for the specific purposes for which they were intended and prescribed under the Convention.
Protection of Property
Every individual has the right to peacefully enjoy their possessions. Possessions can’t be taken away except in the public interest and under conditions established by law and general principles of international law.
However, this does not stop states from enacting laws deemed necessary to regulate property use in line with the public interest or to ensure the payment of taxes, contributions, or penalties.
Right to Education
Every person has the right to education and cannot be denied this right. When the state is involved in education and teaching, it must respect the rights of parents to ensure that education and teaching align with their religious and philosophical beliefs.
Right to Free Elections
The signatory parties agree to hold free elections periodically, conducted through secret ballots. These elections should ensure that the people can freely express their opinions when choosing members of the legislature.
How do courts and tribunals deal with matters involving human rights?
Legislation should be interpreted and applied in a way that aligns with the rights outlined in the Act, however, there may be instances where existing laws can’t be immediately adjusted to comply with these rights.
When a court or tribunal deals with a human rights matter, it must consider any judgments, decisions, declarations, or advisory opinions made by the European Court of Human Rights. Any relevant judgments, decisions, declarations, or opinions must be presented as evidence in proceedings before a court or tribunal.
When a court assesses whether a provision of primary legislation (laws passed by Parliament) is compatible with a Convention right, it may declare it incompatible if satisfied that it violates a Convention right.
Similarly, if the court is considering the compatibility of laws made under authority from Parliament with a Convention right, it may declare incompatibility if it finds it violates a Convention right and if laws passed by Parliament prevent the removal of this incompatibility.
Why aren’t Articles 1 and 13 of the ECHR directly included in the Human Rights Act?
The Human Rights Act covers the principles in Articles 1 and 13 of the European Convention on Human Rights, fulfilling these rights within its jurisdiction.
Article 1 of the ECHR requires states to protect the rights outlined in the Convention within their territories. In the UK, the Human Rights Act serves as the main way to meet this requirement.
Article 13 ensures individuals can access effective remedies if their rights are violated. This means they have the right to seek legal solutions in court. The Human Rights Act is set up to ensure this access to justice.
How can Lawhive help?
If you believe your human rights have been violated, our network of the UK’s best lawyers is here to support you in seeking justice.
For assistance, contact our legal assessment team to talk about your case and get a fixed-fee quote for the services of our network of lawyers.