Human Rights Act - 1998

Human Rights Act 1998 - Specific Rights (Part A)

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Article Covers:

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

Convention Protects Certain Rights (Part A)

(With some examples)

  • Article 2: The Right To Life

"Everyone's right to life shall be protected by law. No-one shall be deprived of his life intentionally".

A biased piece of writing towards 'his' but of course applicable to every individual regardless of their gender.

You could apply this to situations in a hospital for example, where patients have specific instructions restricted (and 'decided' for patients) to them by medical professionals which state they should not be resuscitated ('DNR') in situations of possible/imminent death.

  • Article 3: The Right to Freedom from Torture and Inhumane or Degrading Treatment or Punishment

"No-one shall be subjected to torture or to inhumane or degrading treatment or punishment"

Have a look at the differences between inhumane and degrading; these specify that inhumane treatment is a 'minimum level of suffering' and degrading treatment is a 'gross humiliation'.

Of course, we could argue that such levels of treatment are very subjectively based and open to interpretation on each individual basis and a relative scale.

Neighbours From Hell inflicting bullying and harassment could well constitute inhumane treatment, whereas gross humiliation could apply in situations where a person's choices, decisions and independence are wilfully removed by force or inadvertent actions.

  • Article 4: The Right to Freedom from Slavery, Servitude and Forced or Compulsory Labour

"No one shall be held in slavery or servitude. No one shall be required to perform forced or compulsory labour"

In a situation where an individual is forced to undertake physically based work as a sanction or punishment in answer or 'solution' to their unwelcome or inappropriate behaviour, this would be in direct violation to Article 4.

  • Article 5: The Right to Liberty and Security of Person (but subject to a UK derogation)

"Everyone has the right to liberty and security of person. There shall be no deprivation of liberty except in accordance with lawfully prescribed procedures"

This could be applicable in cases where school children are involved in detention after school for displaying poor behaviour in the school environment; the age, religious needs (if any) and home travel arrangements of all pupils would be factors that affect the 'reasonableness' of this.

  • Article 6: The Right to a Fair and Public Trial with a reasonable time

"In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law"

This is relevant to many different areas, but could possibly be applied to school exclusions and school admissions, child protection issues and mental health situations.