Human Rights Act - 1998

A look at your rights under the Human Rights Act 1998

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- An Introduction to the basics of the Human Rights Act 1998

Introduction - Human Rights Act, 1998

In today's society it literally is vital to be aware of your rights and entitlements. Whether you're dealing with a Neighbour From Hell (NFH) or any other area in your life where your rights come into the equation, it's definitely worth your while to take a peek at the Human Rights Act of 1998, especially if it's a new piece of legislation for you.

Contrary to the date of the Human Rights Act (1998) - the act didn't come into force until 2nd October 2000 and the creation of the legislation stems from the incorporation of the European Convention on Human Rights and Freedoms into the UK law base.

This convention (adopted in 1950 and was approved/endorsed by the UK in 1951) is directly enforceable in the courts of the United Kingdom and can further be used as a defence mechanism in proceedings that public authorities have originally initiated.

When attempting to interpretate the convention, it's useful to keep these following principles in mind:

  • It's a practical and effective interpretation.

  • The rights stated are interpreted on a widely used field, and can be used vastly. In opposition to this, the limitations are narrowly interpreted.

  • The Act is a 'living instrument' (look at this in two ways, like any legislation it is updatable, changeable and can be added to, it also defines rights within life). When any rights are interfered with they must be in proportion to the originally intended objective.