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Thursday, 4 December 2008

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Government, citizens and rights

Human rights

Citizens of the UK have certain fundamental human rights which government and public authorities are legally obliged to respect. These became law as part of the Human Rights Act 1998.

Human Rights Act

The Human Rights Act 1998 gives legal effect in the UK to the fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR). These rights not only affect matters of life and death like freedom from torture and killing but also affect your rights in everyday life: what you can say and do, your beliefs, your right to a fair trial and many other similar basic entitlements.

The rights are not absolute – governments have the power to limit or control them in times of severe need or emergency. You also have the responsibility to respect the rights of other people – and not exercise yours in a way which is likely to stop them from being able to exercise theirs.

Your human rights are:

the right to life
freedom from torture and degraded treatment
freedom from slavery and forced labour
the right to liberty
the right to a fair trial
the right not to be punished for something that wasn't a crime when you did it
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 or form a civil partnership and start a family
the right not to be discriminated against in respect of these rights and freedoms
the right to own property
the right to an education
the right to participate in free elections

If any of these rights and freedoms are abused you have a right to an effective solution in law, even if the abuse was by someone in authority, for example, a policeman.

Exercising your human rights

...see if the problem can be resolved without going to court

If you are in a situation in which you believe that your human rights are being violated, it's advisable to see if the problem can be resolved without going to court by using mediation or an internal complaints body.

Where you believe your rights have not been respected and you cannot resolve the problem outside court, you are entitled to bring a case before the appropriate court or tribunal in the UK. The court or tribunal will then consider your case.

Seeking legal advice

Before you decide to take any legal action is important that you seek legal advice.

The Citizens Advice Bureau may be able to help you and Community Legal Advice can put you in touch with advice providers in your area. There are also a number of Law Centres around the UK, which can offer you advice and help on a range of issues.

HMCS (Her Majesty's Courts Service) provides a leaflet, 'The Human Rights Act 1998 – Information for Court Users', which provides information on how to issue a claim for monies owed or damages under the Human Rights Act. It also sets out some important things to consider before making such an application.

Free and foreign language information about the Human Rights Act

A free guide to the Human Rights Act has been produced by the Ministry of Justice (MoJ). There's also a booklet explaining the Human Rights Act in everyday terms to people with learning disabilities. Copies can be downloaded from the MoJ website or hard copies can be ordered free of charge by calling 020 7210 1437. The guide to the Act is available in English and Welsh, and versions in large print, Braille or audio cassette are available on request.

PDF versions giving guides to the Act in Arabic, Cantonese, English, French, Gujarati, Polish, Punjabi, Somali, Tamil, Urdu and Welsh are available via the links below.