THE HUMAN RIGHTS ACT 1998
المؤلف:
MALCOLM McIVER
المصدر:
Caring for People with Learning Disabilities
الجزء والصفحة:
P152-C9
2025-10-28
60
THE HUMAN RIGHTS ACT 1998
Introduced in to the United Kingdom in October 2000, the Human Rights Act 1998 did not actually create any new rights for individuals. Nor did it specifically refer to people with learning disabilities. So why is it important? Well, the Human Rights Act enshrined within UK legislation, for the very first time, the articles and protocols found in the European Convention on Human Rights. Quite simply, following the introduction of the act, all UK legislation such as any amendment to the Mental Health Act or any legislation that relates to people with learning disabilities must now comply with the rights contained within the act. Table 1 outlines the Articles.
The act is also intended to protect individuals from abuses by the state or the institutions of the state. It is now unlawful for any public authority, such as a health or local authority, to breach the rights set out in the Convention. For example, an adult with a learning disability who has a heart condition is now legally entitled to receive the same standard of treatment for that heart condition as any other person with a similar condition. (I specify standard of treatment here because decisions on specific treatments are, of course, governed by clinical considerations.) For a hospital or health authority to discriminate on the grounds of learning disability, as sometimes happened in the past, is now a breach of the Human Rights Act. Furthermore, the act should make the process of claiming rights easier.
Table 1. An outline of the Human Rights Articles
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• Article 1 of Protocol 1 Protection of Property Nobody has the right to unlawfully interfere with personal possessions. Every individual has the right to peaceful enjoyment of their possessions.
• Article 2 of Protocol 1 Right to Education The right NOT to be denied access to the educational system.
• Article 3 of Protocol 1 Right to Free Elections Free and fair elections for parliament must take place by secret ballot.
• Article 2 The Right to Life Every individual has the absolute right to life, protected by law.
• Article 3 The Prohibition of Torture The right not to be tortured or subjected to treatment that is inhuman or degrading.
• Article 4 The Prohibition of Slavery or Forced Labor The right not to be forced into slavery or forced into certain types of labor.
• Article 5 The Right to Liberty, Personal Freedom and Security The right NOT to be deprived of freedom (unless suspected or convicted of committing a crime).
• Article 6 The Right to a Fair Trial The right to a fair and public hearing by an independent tribunal established by law.
• Article 7 No Punishment without Law The right not to be found guilty of offences from actions that were not criminal.
• Article 8 The Right to Respect for Private and Family Life To have private family life respected, and private correspondence treated confidentially.
• Article 9 The Right to Freedom of Thought, Conscience and Religion The right to hold a broad range of views and religious beliefs.
• Article 10 The Right to Freedom of Expression The right to hold opinions and to express views on all subjects.
• Article 11 Freedom of Assembly and Association The right to assemble with others in a peaceful way, to peacefully protest, for example, or to form trades unions.
• Article 12 The Right to Marry Under this right, national laws will still govern how marriages take place, and the legal age at which people can marry.
• Article 14 Prohibition of Discrimination The right not to be treated differently because of race, religion, sex, political views or any other status.
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Previously, any individual who believed that his/her rights had been breached had to take his/her case to the European Court of Human Rights in Strasbourg. The cases can now be heard in the United Kingdom, and dealt with by a UK court or tribunal. However, it should be noted that it is not intended that the act be used to bring actions against private individuals. It is still not possible to sue, or, for that matter, be sued by, another for breaking the rights in the Convention.
In essence, the Human Rights Act is designed to affect the way in which public authorities behave, and to ensure that they pay attention to people’s rights, ensuring that everyone receives the benefit of the law, regardless of race, ethnicity, religion, gender, mental, physical or learning disability.
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