Human Rights
The Human Rights Act (HRA) 1998 is one of the most significant pieces of constitutional legislation to be enacted in the United Kingdom. It incorporates into national law those parts of the European Convention on Human Rights (ECHR) that concern individual rights and responsibilities. It is a provision of the HRA that all public authorities (which includes the Armed Forces) must act compatibly with the Articles of the ECHR. As a result of the Armed Forces Act 1996, that introduced reforms to the Court Martial system, and the Armed Forces Discipline 2000, that introduced reforms to the Arrest and Summary Dealing system, the Armed Forces discipline procedures are complaint with the HRA.
The Human Rights Act - An Introduction
What is the European Convention on Human Rights?
This is one of the earliest and most important treaties passed by the Council of Europe, a group of nations invited by Sir Winston Churchill to come together after the Second World War to stop such atrocities and acts of cruelty happening again.
The Council of Europe is quite separate from the European Union (EU). It has its own Court of Human Rights in Strasbourg. You are already able to go to the Strasbourg court to claim your rights under the ECHR. however the ECHR has until now not been part of the UK's domestic law. So our courts have not normally been able to deal with claims.
Your Convention Rights
There are sixteen basic rights in the Human Rights Act, all taken from the European Convention on Human Rights. They don't only affect matters of life and death like freedom from torture and killing; they also affect your rights in everybody life: what you can say and do, your beliefs, your right to a fair trial and many other similar basic entitlements.
Article 1 - This Article is Introductory
Article 2 - Right to Life. You have the absolute right to have your life protected by law. There are only certain very limited circumstances where it is acceptable for the State to take away someone's life, eg if a police officer acts justifiably in self defence.
Article 3 - Prohibition of Torture. You have the absolute right not to be tortured or subjected to treatment or punishment which is inhuman or degrading.
Article 4 - Prohibition of Slavery and Forced Labour. You have the absolute right not to be treated as a slave or forced to perform certain kinds of labour.
Article 5 - Right to Liberty and Security. You have the right not to be deprived of your liberty - 'arrested or detained' - except in limited cases specified in the Article (eg where you are suspected or convicted of committing a crime) and where this is justified by a clear legal procedure.
Article 6 - Right to a Fair Trial. You have the right to a fair and public hearing within a reasonable period of time. This applies to both criminal charges against you, or in sorting out cases concerning your civil rights and obligations. Hearings must be by an independent and impartial tribunal established by law. It is possible to exclude the public from the hearing (though not the judgement) if that is necessary to protect things like national security or public order. If it is a criminal charge you are presumed innocent until proved guilty according to law and have certain guaranteed rights to defend yourself.
Article 7 - No Punishment Without Law. You normally have the right not to be found guilty of an offence arising out of actions which at the time you committed them were not criminal. You are also protected against later increases in the possible sentence for an offence.
The rights in Articles 8 to 11 may be limited where that is necessary to achieve an important objective. The precise objectives in each Article which allow limitations vary, but they include things like protecting public health or safety, preventing crime, and protecting the rights of others.
Article 8 - Right to Respect for Private and Family Life. You have the right to respect for your private and family life, your home and your correspondence. This right can only be restricted in specified circumstances.
Article 9 - Freedom of Thought, Conscience and Religion. You are free to hold a broad range of views, beliefs and thoughts, as well as religious faith. Limitations are permitted only in specified circumstances
Article 10 - Freedom of Expression. You have the right to hold opinions and express your views on your own or in a group. This applies even if they are unpopular or disturbing. This right can only be restricted in specified circumstances.
Article 11 - Freedom of Assembly and Association. You have the right to assemble with other people in a peaceful way. You also have the right to associate with other people, which can include the right to form a trade union. These rights may be restricted only in specified circumstances.
Article 12 - Right to Marry. Men and women have the right to marry and start a family. The national law will still govern how and at what age this can take place.
Article 13 - This is not included in the Human Rights Act
Article 14 - Prohibition of Discrimination. In the application of the Convention rights, you have the right not to be treated differently because of your race, religion, sex, political views or any other status, unless this can be justified objectively. Everybody must have equal access to Convention rights, whatever their status.
Article 1 of Protocol 1 (a 'Protocol' is a later addition to the Convention)- Protection of Property. You have the right to the peaceful enjoyment of your possessions. Public authorities cannot usually interfere with things you own or the way you use them except in specified limited circumstances.
Article 2 of Protocol 1 - Right to Education. You have the right not to be denied access to the educational system.
Article 3 of Protocol 1 - Right to Free Elections. Elections for members of the legislative body (eg Parliament) must be free and fair and take place by secret ballot. Some qualifications may be imposed on those that are eligible to vote (eg a minimum age).
Article 1 of Protocol 6/Article 2 of Protocol 6 - Abolition of the Death Penalty. These provisions abolish the death penalty. These can be limited exceptions in times of war but only in accordance with clearly specified laws.
For more information about the Human Rights Act visit: www.homeoffice.gov.uk/.
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