Human Rights Act 1998

Human rights are the essential rights and freedoms that every individual within the world is entitled to be treated with. Within the UK, human rights are protected by the Human Rights Act 1998.

What are human rights?

Human rights are supported, important principles like dignity, fairness, respect and equality. They protect you in your everyday lifestyle no matter who or what the circumstances are, where you reside and the way you chose to go about your life.

Examples of human rights include:

  • the right to life
  • the right to respect for personal and family life
  • the right to freedom of faith and belief.

The European Convention on Human Rights is the institute that protects the human rights of individuals in countries that belong to the Council of Europe. This includes the United Kingdom. The Council of Europe is different from the Union.

How are your human rights protected within the UK?

Human rights are protected by the Human Rights Act 1998 by UK law. The Act gives effect to the rights origination within the European Convention on Human Rights. These rights are called Convention rights.

If your Convention or human rights are breached, you’ll take action under the Human Rights Act within the UK courts. Sometimes you may also be eligible take your case to the European Court of Human Rights.

What’s the European Court of Human Rights?

The European Court of Human Rights is the court of the Council of Europe. It’s located in Strasbourg, in France. The court enforces and maintains that the countries of the Council of Europe, as well as the UK, respect the European Convention on Human Rights. If your human rights are breached and a solution or resolution has not be found within the UK, you’ll be ready to take your case to the Strasbourg court. 

When are you able to take a case to the Court of Human Rights?

You can take a case to the European Court of Human Rights if you haven’t  received a resolution within the UK or you’ve taken your case as far as possible within the UK courts.

This is the case for instance, if:

  • leave for review has been refused – this suggests you have been refused the proper to use for review 
  • you’ve been refused the proper to appeal to the Court of Appeal or Supreme Court
  • a final appeal has taken place.

You can also bring a case to the European Court of Human Rights if a UK court has made a declaration of incompatibility in reference to a law but Parliament has decided to not amend it.

What’s the Universal Declaration of Human Rights?

Human rights can be found in many various places. Additionally, to the European Convention on Human Rights, there are many international documents or instruments which apply everywhere internationally, just like the Universal Declaration of Human Rights.

The Universal Declaration of Human Rights was adopted by the United Nations after the Second war.

Although it is a vital document, the Declaration isn’t legally binding within the UK or other countries. This suggests they don’t need to follow it and you can’t be reliant upon it within the courts. But the rights and freedoms included within the Declaration were wont to create other binding documents just like the European Convention on Human Rights.

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