Human rights
Also called: Convention rights, ECHR rights
Fundamental rights and freedoms protected by the Human Rights Act 1998, which incorporates the European Convention on Human Rights into domestic UK law.
Definition
Human rights in English law are primarily governed by the <a href="https://www.legislation.gov.uk/ukpga/1998/42/contents" target="_blank" rel="noopener noreferrer">Human Rights Act 1998 (HRA)</a>, which came into force in October 2000. The HRA gives legal effect in domestic courts to the rights set out in the <a href="https://www.echr.coe.int/documents/d/echr/convention_ENG" target="_blank" rel="noopener noreferrer">European Convention on Human Rights (ECHR)</a>. The main Convention rights incorporated are: Article 2 (right to life); Article 3 (prohibition of torture and inhuman treatment); Article 5 (right to liberty); Article 6 (right to a fair trial); Article 8 (right to respect for private and family life); Article 9 (freedom of thought, conscience and religion); Article 10 (freedom of expression); Article 11 (freedom of assembly and association); Article 14 (prohibition of discrimination in the enjoyment of Convention rights); and Article 1 of Protocol 1 (peaceful enjoyment of possessions/property). Public authorities (including courts, government departments, local councils, and the police) must act compatibly with Convention rights — it is unlawful for them not to do so (s.6 HRA). Legislation must be read and given effect in a way that is compatible with Convention rights where possible (s.3 HRA). If compatibility is not possible, the courts may issue a Declaration of Incompatibility. The UK remains a signatory to the ECHR and individuals may still petition the <a href="https://www.echr.coe.int" target="_blank" rel="noopener noreferrer">European Court of Human Rights (ECtHR)</a> in Strasbourg, but only after exhausting domestic remedies.
In practice
Human rights arguments most often arise in: housing possession cases (Article 8 right to home); employment and privacy disputes (Article 8); free speech cases (Article 10); discrimination cases (Article 14 in combination with another right); and police conduct challenges (Articles 3, 5). If you believe a public authority has acted incompatibly with your Convention rights, you can bring a claim in the courts under s.7 HRA within one year of the act complained of. See the <a href="/glossary/jurisdiction" class="body-link">jurisdiction glossary entry</a>, the <a href="/glossary/statute" class="body-link">statute entry</a>, and the <a href="/articles/tort-vs-contract" class="body-link">tort vs contract article</a> for related legal frameworks.