The Human Rights Act

The Human Rights Act

Every human being needs human rights to live a healthy and fulfilled life and to participate fully in society. The protection of human rights in the UK sits within the context of a rules-based system of international  and regional law (such as the European Convention of Human Rights ) which the UK has played an important role in developing and has agreed to comply with.

In the UK, the main piece of law that protects human rights is the Human Rights Act, which came into force in 2000. The Human Rights Act (HRA) allows people to enforce the rights guaranteed to them by the European Convention on Human Rights, in UK Courts. Before the HRA, if you felt that these rights had been violated you would have to take a case to the European Court of Human Rights in Strasbourg, a lengthy and expensive process. The HRA therefore makes access to justice for human rights violations more accessible. The HRA was also intended to bring about a new culture of respect for human rights in the UK as public bodies are required to act in accordance with Convention rights at all times. A simplified version of the rights guaranteed under the European Convention and the HRA can be read here.

The Human Rights Act plays a number of roles in the UK:

• Any new piece of legislation must be accompanied by a statement as to whether it is compatible with the HRA. Parliament can pass a piece of legislation which does not comply with the rights in the HRA but it will be open to legal challenge by an individual who feels that their rights have been affected. 
• As far as possible, all existing laws have to be interpreted and applied in a way that fits with the human rights contained in the HRA. But if this is not possible, the Courts can make a 'declaration of incompatibility'. Parliament can then decide whether and how to amend the law to make it compatible. This leaves the ultimate decision in the hands of Parliament.
• All public authorities (like local councils, the Courts, the Police Service, schools, government departments, hospitals, prisons etc) have to respect the human rights contained in the HRA. If an individual feels that their rights have been breached, they can bring a case under the HRA.
• The Scottish Parliament and Northern Ireland Assembly are not allowed to pass laws which are incompatible with the rights guaranteed by the European Convention on Human Rights. Any law which is incompatible can be overturned by the Courts.

In March 2011 , the UK government launched a commission to 'investigate the creation of a UK Bill of Rights'. Amnesty International would not oppose changes in the UK's human rights legislation that would strengthen and improve the culture of human rights and the mechanisms available to ordinary people. However, we are concerned that discussions surrounding the HRA and a possible new Bill of Rights are being conducted in the context of a political and public debate which is very negative towards human rights. Many criticisms are without foundation and Amnesty believes that only an informed public debate will benefit UK human rights legislation.

The Human Rights Act is important and should be defended as a minimum standard. The Human Rights Act provides vital protection and remedy under law to anyone in the UK who suffers an abuse of their human rights. The HRA has a real application in our everyday lives in the UK. It has been used to protect older people who are being abused in care homes, to ensure that disabled children are provided with transport to get to school, and to protect women from domestic violence. The significance of the HRA is not restricted to decisions about individuals; it has been used to support policy-making and practice at an institutional level and can be applied to broader areas of society such as civic participation, involvement and community development. For examples of how the HRA has made a real difference to people in the UK, you can visit www.ourhumanrightsstories.org.uk.