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 came fully into force on 2 October 2000, protects 16 rights from the right to life to the right to a fair trial, and gives you a way to hold a public authority to account in a UK court if it breaches one of them.
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 rights are given to 'everyone', with no age limit written into the Act, so they protect children as well as adults.
✓It mainly binds public authorities, courts, government departments, the police, councils and the NHS, rather than private individuals or companies acting in a purely private capacity.
✓A claim brought directly under the Act must be started within one year of the act complained of, unless the court considers a longer period equitable.
✓In Scotland, Wales and Northern Ireland, an Act of their Parliament or Assembly that breaches the Convention rights is not law at all, a stronger check than the declaration a UK court can make against an Act of the UK Parliament.
What the Human Rights Act 1998 does
The Human Rights Act 1998 gives further effect in UK law to the rights and freedoms guaranteed under the European Convention on Human Rights. In this Act "the Convention rights" means 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.
Before the Act, someone whose Convention rights were breached in the UK had to take their case all the way to the European Court of Human Rights in Strasbourg. The Act lets UK courts hear these cases directly.
The rights it protects
Schedule 1 of the Act sets out 16 protected rights:
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 and family life, your home and your correspondence. It is one of the most litigated rights in the Act, and comes up in immigration, family, housing and surveillance cases.
✓Yes: A public authority can only interfere with this right where the interference is in accordance with the law
✓Yes: The interference must also be necessary in a democratic society for reasons such as national security, public safety, preventing crime or disorder, protecting health or morals, or protecting the rights and freedoms of others
✓Yes: Article 8 is a 'qualified' right, unlike Article 3 (prohibition of torture), which cannot be interfered with at all, in any circumstances
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. "Public authority" includes courts and tribunals, government departments, the police, NHS bodies, local councils, and any other person some of whose functions are of a public nature. It does not include Parliament. The Act mainly creates duties for public authorities, not private individuals or companies acting in a purely private capacity.
The rights are given to "everyone", with no age limit written into the Act, so they protect children as well as adults.
How courts use the Act
So far as it is possible to do so, courts must read and give effect to all UK legislation, whenever it was passed, in a way that is compatible with the Convention rights.
Where a court cannot read an Act of Parliament compatibly with the Convention rights, it can make a "declaration of incompatibility". This does not strike the law down or make it invalid, it is left to Parliament to decide whether to change the law.
A declaration of incompatibility is not the same as the Scottish Parliament, Senedd or Northern Ireland Assembly route below, where an incompatible law is not law at all. See the nations section for the difference.
How to bring a claim
You can only bring proceedings against a public authority under the Act, or rely on a Convention right in other legal proceedings, if you are (or would be) a "victim" of the unlawful act.
✓Yes: A claim brought directly under the Act must be started within one year of the act complained of, unless the court considers a longer period equitable
✓Yes: A court can grant any remedy within its powers that it considers just and appropriate, but can only award damages if it already has the power to award damages in that type of case, and only if damages are necessary to give the claimant just satisfaction
✓Yes: You can also rely on your Convention rights as part of other legal proceedings, such as defending a case brought against you, without a separate one-year time limit applying
Get advice before relying on the one-year time limit: it runs from the date of the act complained of, and courts extend it only where they consider that equitable, not automatically.
Scotland, Wales and Northern Ireland
The Human Rights Act applies in full and in the same way across England, Wales, Scotland and Northern Ireland. Each devolved nation also has its own, stronger check built into its devolution settlement.
✓Yes: An Act of the Scottish Parliament is not law at all if it is incompatible with the Convention rights
✓Yes: An Act of the Senedd is not law at all if it is incompatible with the Convention rights
✓Yes: An Act of the Northern Ireland Assembly is not law at all if it is incompatible with the Convention rights
That is a stronger check than the declaration of incompatibility described above, which applies to an Act of the UK Parliament and leaves the law standing unless and until Parliament changes it.
Frequently asked questions
What is the Human Rights Act 1998?
The Human Rights Act 1998 is the UK law that gives further effect to the rights and freedoms guaranteed under the European Convention on Human Rights. It came fully into force on 2 October 2000, makes it unlawful for a public authority to act incompatibly with those rights, and lets you rely on them directly in a UK court.
What rights does the Human Rights Act protect?
16 rights: the right to life, prohibition of torture, prohibition of slavery and forced labour, the right to liberty and security, the right to a fair trial, no punishment without law, the right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, the right to marry, prohibition of discrimination, protection of property, the right to education, the right to free elections, and abolition of the death penalty.
Does the Human Rights Act apply to children?
Yes. The rights are given to 'everyone', with no age limit written into the Act, so they protect children in the same way as adults.
What is Article 8 of the Human Rights Act?
Article 8 protects your right to respect for your private and family life, your home and your correspondence. A public authority can only interfere with it where the interference is in accordance with the law and necessary in a democratic society, for example for national security, public safety, preventing crime or disorder, protecting health or morals, or protecting other people's rights.
Who has to follow the Human Rights Act?
Public authorities: courts and tribunals, government departments, the police, NHS bodies, local councils, and any other body some of whose functions are of a public nature. It does not bind Parliament, and it mainly creates duties for public authorities rather than private individuals or companies acting in a purely private capacity.
How long do I have to bring a Human Rights Act claim?
A claim brought directly under the Act must be started within one year of the act you're complaining about, unless the court considers a longer period equitable given the circumstances.