Human Rights Act 1998

Human Rights Act 1998 is a United Kingdom legislation that came into force on 2 October 2000. Its aim is to give further effect in UK law to the rights contained in the European Convention on Human Rights. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Rights (ECtHR) in Strasbourg.

Background

The Human Rights Act 1998 is a constitutional statute that protects the rights of individuals against the state. It incorporates into domestic law the European Convention on Human Rights, to which the UK has been committed since 1951.

Provisions

The Act has three main effects. Firstly, it incorporates the rights set out in the European Convention on Human Rights into domestic British law. Secondly, it requires all public bodies (like courts, police, local governments, hospitals, publicly funded schools, and others) and other bodies carrying out public functions to respect and protect these rights. Lastly, it requires UK courts to take into account decisions of the Strasbourg Court, and to give effect to the Convention, so far as possible, in their decisions.

Rights Protected

The Act protects a range of civil and political rights, including:

• Right to life (Article 2)
• Prohibition of torture (Article 3)
• Right to a fair trial (Article 6)
• No punishment without law (Article 7)
• Right to respect for private and family life (Article 8)
• Freedom of thought, conscience and religion (Article 9)
• Freedom of expression (Article 10)
• Freedom of assembly and association (Article 11)
• Protection of property (Article 1 of Protocol 1)
• Right to education (Article 2 of Protocol 1)
• Prohibition of discrimination (Article 14)

Criticism and Controversy

The Act has been controversial since its inception. Critics argue that it gives too much power to judges, undermines the sovereignty of the UK Parliament, and is used to protect criminals and terrorists. Supporters argue that it is a vital safeguard of individual liberty and a cornerstone of a modern democratic society.

See Also

• European Convention on Human Rights
• European Court of Human Rights
• United Kingdom constitutional law

References

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