The Human Rights Act FDLD/FDHS 1203

Lesson Objectives To describe what a right is. To identify the main contents of the Human Rights Act, 1998. To discuss the history of the Act and the Universal Declaration of Human Rights To make links between the EU and the British Human Rights Act

Exercise What is the Human Rights Act, 1998? What do you know about it? How does it affect us as citizens? How does it affect services?

What is a right?: expectations of how you should be treated.   British law lays down the limits of what rights citizens have and what may happen if they infringe the rights of others.

We’ve all heard of the Human Rights Act but where did it come from? The Human Rights Act 1998 came into force in October 2000 . It was adopted from the European Convention on Human Rights making it possible to include the protections laid out in the European Convention into UK law. The Historical Context of the Human Rights Act 1998 The bill preceding the act was called “bringing rights home” Since 1066 individuals could bring a case of human rights violations before the court of human rights in strasbourg but the long title of the act says that it “serves to give further effect to” the rights and freedoms of the European convention on Human Rights. Bringing rights home, doing it “in country” This is to ensure that the domestic courts have the first opportunity to resolve any breach.

The Human Rights Act 1998 Sets out the rights in the UK which are protected by the European Convention on Human Rights introduced into our domestic law some of the rights set out in the Universal Declaration of Human Rights and other international documents. It applies to all public authorities performing a public function who must comply with the act when doing their work or making decisions which affect your rights.

Public Authorities This is important to health and social care Responsibility is imposed on public services Under section 6 of the act it is unlawful for a public authority to act in a way that is incompatible with a convention right (unless as the result of primary legislation) e.G gp undertaking NHS work but not undertaking private work Leonard cheshire case p127

Rights Absolute (articles 3, 4, 7) cannot be restricted in any circumstances and violation claims are not balanced against public interest. Limited (articles 2, 4 (2) 5, 6(1) )there are some limitations to the established rights Qualified (articles 8,9,10,11) subject to restrictions which weigh up individual rights against general public interest.

Rights relating to Health and Social Care Article 2 Everyone’s life shall be protected by law. Article 3 No one shall be subjected to torture or to inhuman or degrading treatment or punishment. Article 5 Everyone has the right to liberty and security of person. Article 6 Everyone is entitled to a fair and public Hearing Article 8 the Right to respect for his private and family life his home and his correspondance. Article 9 Feedom of thought conscience and religion. Article 10 Freedom of expression Article 12 Right to marry and found a family Article 14 Freedom from discrimination Article 2 – euthanasia, withdrawing treatment, resource allocation, age related treatment decisions. Quality of life as well as life and death situations. Aritcule 3 – absolute. – restraint, seclulsion, force feeding issues. Torture = wall standing, hooding, subjection to niose, sleep deprivation, food and drink deprivation, Degrading = feelings of fear, humiliation, anguish and inferiority. Can include some cases of failure to protect a child who subsequently suffers significant harm and horrific treatment. Article 5 – not absolute there are limitations – eg sectioning and imprisonment. Detention of a minor for emtional supervision. CF right to appeal his sectioning. Think about restraint policies, how you restrain, locked doors. This falls into the deprivation of liberty guidelines which are associated with the Mental Capacity Act. Article 6 – impartial tribunal in law. Applies to complaints procedures. Trials of children for murder violation of this article because of their ability to affectively participate. Without delay is the other part of this. Article 8 – Communal living in residential care, no provision for couples to be together, covert surveillance, tagging, violations of dignity (being in the bathroom) investigations into private life, a very broad interpretation. Think about proportionality within the breach. Any limitations need to be in proportion to the end achieved. Interesting case page 137 Article 9 – respecting different religious ceremonies. And dress codes. Medical treatment, the jihab in school, Article 10 – Freedom of the press, conflict with article 8 affects accessible information, in different formats for service users. Article 12 – discrimination – heterosecual families can be issues of gender reassignment although this has now been adjusted with civil partnership laws. Adoption – founding a family. Article 14 – overarching, directly relating to all of the articles. Sexuality is not specifically listed in the article.

The Human Rights act covers everyone in the United Kingdom, regardless of citizenship or immigration status. Anyone who is in the UK for any reason is protected by the provisions in the Human Rights Act. The rights in the HRA are known as 'justicible', which means that if an individual thinks they have been breached, they can take a court case against the public sector body that has breached them.

A cultural change …. Brammer (2007, P124) “A culture of respect for human rights would exist when there was a widely shared sense of entitlement to these rights, of personal responsibility and of respect for the rights of others ……… this would create a more human society, a more responsive government and better public services and could help to deepen and widen democracy by increasing the sense among individual men and women that they have a stake in the way that they are governed” Brammer (2007, P124)

The Human Rights Act Contents: Consists of a series of articles. Articles of the Human Rights Act 1998 A Guide to the Human Rights Act 1998

Bringing a claim Individual must be a “victim”. If found in breach there must be a range of remedies Victim = directly affected Remedies – injunctions, declarations, declaration of incompatability, financial compensation (different calculation from civil discrimination cases).

Associated Conventions Universal declaration of Human Rights United Nations Convention on the Rights of the Child Task: Case Studies exercises in 3 groups. Page 146 – case studies.