Human Rights Act - 1998

Human Rights Act 1998 - Specific Rights (Part B)

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Article Covers:

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

Convention Protects Certain Rights (Part B)

(With some examples)

  • Article 7: The Right to Freedom from Retrospective Criminal Law and No Punishment without Law

"No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed."

So, a Neighbour From Hell couldn't be held guilty say of the hypothetical offence of "making too much noise above the set limits" if they had actually stopped it before a new law was introduced.

  • Article 8: The Right to Respect for Private and Family Life, Home and Correspondence

"Everyone has the right to respect for his private and family life, his home and his correspondence"

Interference can be permitted where it is lawful and necessary. This could be valid in a democratic society and for public safety, crime prevention, rights/freedoms of others and so on.

  • Article 9: The Right to Freedom of Thought, Conscience and Religion

"Everyone has the right to freedom of thought, conscience and religion"

If children are being 'forced' to collectively worship in a state school, this could well be an infringement on this right. People have the right to practice their desired religion.

  • Article 10: The Right to Freedom of Expression

"Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers"

This could be seen as a cryptically worded convention article but could include an instance where issues of homosexuality are promoted and discussed in schools and education.

  • Article 11: The Right to Freedom of Assembly and Association

"Everyone has the right to freedom of peaceful assembly and to freedom of association with others"

All people have the right to demonstrate for instance within UK laws. The right to have an association with a particular political group without interference. Again, where such activity is legal, e.g. the association with known criminals may not be included within this right!

  • Article 12: The Right to Marry and found a Family

"Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right."

An obvious application. Whether or not you believe that same sex couples should have the right to marry though, is a right of course 'governed' by current UK legislation.

  • Article 14: The prohibition of Discrimination in the Enjoyment of Convention Rights

"The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."

This Article only applies when a violation of another convention right has been alleged or proven.

  • Article 1 of Protocol 1: The right to peaceful enjoyment of possessions and protection of property

  • Article 2 of Protocol 2: The Right to access to education (subject to a reservation of the UK)

  • Article 3 of Protocol 1: The Right to free elections

  • Article 4 of Protocol 1: The Right not to be subjected to the Death Penalty