An Introduction to Human Rights Law

Everybody in the UK is obliged to adhere to the Human Rights Act 1998, irrespective of their position within society or their country of origin. Furthermore, the UK government must abide by the rights that are defined in the Act which was passed in 1998. All public bodies and authorities must respect the legislation and rights that are defined in the Act, without exception.

The UK Human Rights Act 1998 enhances the rights that are detailed in the European Convention on Human Rights. The Acts both serve to ensure that each person's rights are observed without causing harm to another person or their rights. Every person has a social responsibility to understand the rights of other people and to respect and observe them. At the same time, we can expect others to share this duty and approach. The following guide offers information on what human rights are and how they are integrated into the UK legal system.

What are human rights?

Human rights allow for each person to live safely and fairly within society and are to be observed and respected by all members of the public and those in positions of authority. The rights, as detailed by law include:

• The right to life
• Freedom of expression (this includes a person's right to speak aloud, publish articles, produce music and create works of art)
• The right to liberty
• The right to a fair trial
• The right to enjoy your property peacefully
• The right to an education
• Freedom of thought, conscience and religion, and freedom to express your beliefs
• Freedom of assembly and association
• The right to respect for private and family life
• The right to participate in free elections
• The right to marry and to start a family
• The right not to be punished for actions that weren't classified as criminal at the time that you did them
• The right not to be discriminated against in respect of these rights and freedoms (further extended to cover non-discrimination against a person because of their language, place of birth, property and association with a national minority)
• Freedom from torture and degrading treatment
• Freedom from slavery and forced labour
• The right not to be subjected to the death penalty

If another person prevents or obstructs any of the above rights and freedoms, they will be considered as having breached the Human Rights Act and can be liable for further action. A person who believes that their human rights have been breached by another person or party, including those in authority, is eligible to seek legal support from a human rights solicitor to reach an effective solution.

How do human rights impact on UK law?

The Human Rights Act 1998 lays out the specifics of human rights entitlements, and this influences UK law. The details given in the Act give the UK primary entitlements within the European Convention on Human Rights.

UK law pays close consideration to human rights and as such, some areas of law rely heavily on human rights, with areas such as social behaviour, cultural factors and punishment methods being largely governed by the rights of individuals.

Article 6 of the Human Rights Act 1998 explains that every person has the right to a fair trial, and this extends to ensure that individuals have access to the courts and can bring a civil case if required. A fair trial means you have the right to a hearing which is:

• Fair
• Public
• Heard by an independent and impartial court or tribunal
• Heard within a reasonable time.

If you are engaged in criminal proceedings, Article 6 of the Act offers further rights which include:

• The right to be presumed innocent until proven guilty – this means it's the prosecution who must prove your guilt
• The right to know why you're being prosecuted in a language you understand and the right to a free interpreter in court if you can't understand the language used
• The right to defend yourself and the right to legal aid if you can't afford legal representation
• The right to be in court during the trial
• The right not to say anything that may incriminate you.

It is important to note that the only overriding condition on any human rights is that one person's human rights cannot infringe on any other person's human rights. The only human right that is unconditional by law is ‘the right not to be tortured'.

How do human rights impact on punishments and penalties?

Human rights have a significant impact on the ways in which people are treated if they have broken the law. This offers protection to individuals who have been arrested and prosecuted, meaning that they will not suffer from unacceptable levels of treatment whilst under the supervision or during interactions with authority. Article 3 of the Human Rights Act specifies that there could be a breach of human rights if a person suffers from:

• Severe physical or mental abuse
• Inhuman detention conditions 
• Use of excessive force on patients or detainees
• Serious neglect in a care home or hospital
• Malnutrition and dehydration
• The deportation of someone to a country where there is a real risk of torture, inhuman or degrading treatment.

Achieving a Resolution Following a Breach of Human Rights

If your human rights have been abused or breached, there are established steps in place to reach a resolution. Where possible, it is wise to attempt to reach a resolution out of court and in an amicable way. This might be achieved through the support of a mediation service or through the formal complaints procedure of the body responsible for the breach.

If a resolution has not been reached through out of court actions, the case can be brought to a court or tribunal. The case will be heard, and a decision will be made as to whether your human rights have been respected or breached and in cases where there has been a violation, a compensation award may be made.

To progress through to a resolution, it is important to obtain specialised legal advice. An experienced human rights solicitor will guide you through the processes and support you in protecting and exercising your rights.