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Human Rights Act 1998

  • The Human Rights Act [HRA] gives effect in the UK to the fundamental rights and freedoms in the European Convention of Human Rights [ECHR]. The law ensures that:
  • It is unlawful for any public authority to breach the Convention rights unless an Act of Parliament directs it could not have acted differently;

  • Cases can now be dealt with in a UK court or tribunal;


All UK legislation, where possible, must be given a meaning that fits with the Convention rights.


The Data Protection Act 1998 builds on the basic rights enshrined in the HRA. The sixteen basic rights of the ECHR are:
 

  • Article 2 - Right to Life;

  • Article 3 - Prohibition of Torture;

  • Article 4 - Prohibition of slavery and forced labour;

  • Article 5 - Right to Liberty and security;

  • Article 6 - Right to a fair trial;

  • Article 7 - Right to no punishment without law;

  • Article 8 - Right to respect for private and family life;

  • Article 9 - Right to freedom of thought, conscience, & Religion;

  • Article 10 - Right to freedom of expression;

  • Article 11 - Right to freedom of assembly and association;

  • Article 12 - Right to marry;

  • Article 14 - Right to prohibition of discrimination;

  • Article 1 of Protocol 1 - Right to protection of property;

  • Article 2 of Protocol 1 - Right to education;

  • Article 3 of Protocol 1 - Right to free elections;

  • Article 1 & 2 of Protocol 6 - Abolition of the death penalty;