The Human Rights Act 1998 gives further effect in UK law to the rights and freedoms guaranteed under the European Convention on Human Rights. It sets out 16 rights. It is unlawful for a public authority to act in a way that is incompatible with a Convention right, and you can rely on those rights in a UK court if you are a victim of the unlawful act.
Key points
✓The Human Rights Act 1998 gives further effect in UK law to the rights and freedoms guaranteed under the European Convention on Human Rights.
✓The EHRC says the Act sets out the fundamental rights and freedoms that everyone in the UK is entitled to, and that human rights belong to every person from birth until death.
✓It is unlawful for a public authority to act in a way that is incompatible with a Convention right, and a public authority includes a court or tribunal and any person certain of whose functions are functions of a public nature.
✓A claim under the Act must be brought within one year of the act complained of, or a longer period the court considers equitable, subject to any stricter time limit for the procedure.
✓In Scotland, Wales and Northern Ireland, a provision of a devolved Act that is incompatible with the Convention rights is outside legislative competence, while a declaration of incompatibility against an Act of the UK Parliament does not affect its validity.
What the Human Rights Act 1998 does
In this Act the Convention rights mean the rights and fundamental freedoms set out in Articles 2 to 12 and 14 of the Convention, Articles 1 to 3 of the First Protocol and Article 1 of the Thirteenth Protocol. The Act received Royal Assent on 9 November 1998 but did not come fully into force until 2 October 2000.
If your human rights have been breached, you can take your case to a British court rather than having to seek justice from the European Court of Human Rights in Strasbourg, France.
The rights it protects
Schedule 1 of the Act sets out 16 protected rights:
Article
Right
Article 2
Right to life
Article 3
Prohibition of torture
Article 4
Prohibition of slavery and forced labour
Article 5
Right to liberty and security
Article 6
Right to a fair trial
Article 7
No punishment without law
Article 8
Right to respect for private and family life
Article 9
Freedom of thought, conscience and religion
Article 10
Freedom of expression
Article 11
Freedom of assembly and association
Article 12
Right to marry
Article 14
Prohibition of discrimination
Protocol 1, Article 1
Protection of property
Protocol 1, Article 2
Right to education
Protocol 1, Article 3
Right to free elections
Protocol 13, Article 1
Abolition of the death penalty
No one can be found guilty of an offence for something that was not a crime when they did it, or given a heavier penalty than applied at the time, which is what Article 7 (no punishment without law) protects.
Article 8: the right to respect for private and family life
Article 8 protects your right to respect for your private life, your family life, your home and your correspondence. The right to respect for your home does not give you a right to housing; it is a right to enjoy your existing home peacefully.
A public authority can only interfere with this right where both of these apply:
✓Yes: The interference is in accordance with the law
✓Yes: It is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others
The EHRC says the authority must be able to show that its action is lawful, necessary and proportionate, and that action is proportionate when it is appropriate and no more than necessary to address the problem concerned.
Article 3 is different: the EHRC says the right not to be tortured or treated in an inhuman or degrading way is absolute, which means it must never be limited or restricted in any way.
Who must follow it, and who is protected
It is unlawful for a public authority to act in a way that is incompatible with a Convention right. A public authority includes a court or tribunal and any person certain of whose functions are functions of a public nature, but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament. The EHRC gives courts, police, local authorities, hospitals and publicly funded schools as examples of public bodies that must respect and protect your human rights, along with other bodies carrying out public functions.
The Act does not apply to an act if, as the result of one or more provisions of primary legislation, the authority could not have acted differently. A person is also not a public authority by virtue only of having functions of a public nature if the nature of the act is private.
The EHRC says the Act sets out the fundamental rights and freedoms that everyone in the UK is entitled to, and that human rights belong to every person in the world from birth until death, so children are covered as well as adults.
How courts use the Act
So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights, whenever it was enacted. This does not affect the validity, continuing operation or enforcement of any incompatible primary legislation.
If a court determining whether a provision of primary legislation is compatible with a Convention right is satisfied that it is incompatible, it may make a declaration of that incompatibility. A declaration does not affect the validity, continuing operation or enforcement of the provision and is not binding on the parties to the proceedings in which it is made. Only the courts listed in section 4(5) can make one, including the Supreme Court, the High Court or the Court of Appeal in England and Wales or Northern Ireland, and in Scotland the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session.
The EHRC says Parliament will nearly always make sure that new laws are compatible with the rights set out in the European Convention on Human Rights, although ultimately Parliament is sovereign and can pass laws which are incompatible. The nations section below shows what happens to an incompatible Act of the Scottish Parliament, the Senedd or the Northern Ireland Assembly.
How to bring a claim
A person who claims that a public authority has acted in a way made unlawful by the Act may bring proceedings against the authority under the Act in the appropriate court or tribunal, or rely on the Convention right or rights in any legal proceedings, but only if they are (or would be) a victim of the unlawful act. A person is a victim only if they would be a victim for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act.
If the proceedings are brought on an application for judicial review, the applicant has a sufficient interest only if they are, or would be, a victim of the act
Legal proceedings in which you can rely on a Convention right include proceedings brought by or at the instigation of a public authority and an appeal against the decision of a court or tribunal
A court can grant any relief or remedy, or make any order, within its powers that it considers just and appropriate
Damages may be awarded only by a court which has power to award damages, or to order the payment of compensation, in civil proceedings, and only if the court is satisfied that an award is necessary to afford just satisfaction to the person in whose favour it is made
In deciding whether to award damages and how much, the court must take into account the principles applied by the European Court of Human Rights in relation to the award of compensation under Article 41 of the Convention
Proceedings under section 7(1)(a) must be brought before the end of the period of one year beginning with the date on which the act complained of took place, or such longer period as the court or tribunal considers equitable having regard to all the circumstances, but that is subject to any rule imposing a stricter time limit in relation to the procedure in question.
The Act extends to Northern Ireland, and the EHRC describes it as setting out the fundamental rights and freedoms that everyone in the UK is entitled to.
Nation
An Act that is incompatible with the Convention rights
UK Parliament
A court may make a declaration of incompatibility, which does not affect the validity, continuing operation or enforcement of the provision
Scotland
An Act of the Scottish Parliament is not law so far as any provision of it is outside the Parliament's legislative competence, and a provision is outside that competence so far as it is incompatible with any of the Convention rights
Wales
An Act of the Senedd is not law so far as any provision of it is outside the Senedd's legislative competence, and a provision is outside that competence so far as it is incompatible with the Convention rights
Northern Ireland
A provision of an Act of the Northern Ireland Assembly is not law if it is outside the Assembly's legislative competence, and a provision is outside that competence if it is incompatible with any of the Convention rights
The Human Rights Act 1998 gives further effect in UK law to the rights and freedoms guaranteed under the European Convention on Human Rights. It is unlawful for a public authority to act in a way that is incompatible with a Convention right. If your human rights have been breached, you can take your case to a British court rather than having to seek justice from the European Court of Human Rights in Strasbourg, France. It came fully into force on 2 October 2000.
Does the Human Rights Act apply to children?
Yes. The EHRC says the Act sets out the fundamental rights and freedoms that everyone in the UK is entitled to, and that human rights belong to every person in the world from birth until death.
How long do I have to bring a Human Rights Act claim?
Proceedings under section 7(1)(a) must be brought before the end of the period of one year beginning with the date on which the act complained of took place, or such longer period as the court or tribunal considers equitable having regard to all the circumstances, but that is subject to any rule imposing a stricter time limit in relation to the procedure in question.
What can a court do if a public authority breaches the Act?
A court may grant such relief or remedy, or make such order, within its powers as it considers just and appropriate. Damages may be awarded only by a court which has power to award damages, or to order the payment of compensation, in civil proceedings.