The Human Rights Act

The Human Rights Act protects all of us – young and old, rich and poor. Hundreds of people use it to uphold their rights and achieve justice every year.

What is the Human Rights Act?

The Human Rights Act is a UK law passed in 1998.

It lets you defend your rights in UK courts and compels public organisations – including the Government, police and local councils – to treat everyone equally, with fairness, dignity and respect.

Who can use the Human Rights Act?

The Human Rights Act may be used by every person resident in the United Kingdom regardless of whether or not they are a British citizen or a foreign national, a child or an adult, a prisoner or a member of the public.

It can even be used by companies or organisations (like Liberty).

What does the Human Rights Act actually do?

The human rights contained within this law are based on the articles of the European Convention on Human Rights.

The Act ‘gives further effect’ to rights and freedoms guaranteed under the European Convention. It means:

  • Judges must read and give effect to other laws in a way which is compatible with Convention rights
  • It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

Read more about how the HRA works.

What rights does the Human Rights Act protect?

What does that mean for me?

If you can show that a public authority has interfered with any of the rights recognised by the Convention you can take action by:

  • Writing to the public authority concerned to remind them of their legal obligations under the Human Rights Act and ask them to rectify the situation.
  • Going to court, which may find that a particular action (or inaction) of a public authority is (or would be) unlawful. It can tell the public authority to stop interfering with your right or to take action to protect your right.
  • If the court is satisfied that a law is incompatible with a Convention right, it may make a declaration of that incompatibility. This is a formal legal statement that the particular law interferes with human rights. It does not have immediate effect but strongly encourages Parliament to amend or repeal the law in question.

Our Human Rights Act Questions and Answers – from the British Institute of Human Rights

Our Human Rights Act questions and answers – easy read guide