Where do my human rights come from?
4:21 pm in Uncategorized by admin
Human rights in the UK were enshrined in the 1953 European Convention on Human Rights. Winston Churchill had previously lobbied for a European body to take control of justice and legal rights for European citizens after World War two. The result was the Council of Europe, and the Convention which today provides human rights to some 800 million people across 47 signatory countries.
Before 1998, claims for a breach of human rights would be made directly to the European Court of Human Rights in Strasbourg. This court was set up to preside over cases related to the Convention and for many years was the sole court for all human rights matters. In 1998, the UK government created the Human Rights Act which enshrined Convention rights into UK law. The Act made it easier for UK citizens to bring a case by making the law accessible through domestic courts.
Since 1998, it has been possible to bring a case in any UK court where you feel your human rights have been infringed by either a state body or another individual. The Human Rights Act provides a wide ranging set of rights and freedoms as follows:
- The right to life
- Freedom from torture and degrading treatment
- Freedom from slavery
- The right to liberty and security
- The right to a fair trial
- The right not to be punished retrospectively
- The right to privacy and respect for your family life
- Freedom of thought, conscience and religion
- Freedom of expression
- Freedom of association
- The right to marry
- The right not to be discriminated against
- The right to peaceful enjoyment of your property
- The right to an education
- The right to participate in free and fair elections
- The right not to be subjected to the death penalty
These have given rise to many domestic cases. Privacy cases are brought against newspapers, and newspapers have brought cases to protect their right to freedom of expression. Challenges have been made against the justice system and people have brought cases against perceived discrimination.
The Act is the main source of human rights in the UK, although it also provides that UK courts must interpret all UK law in line with the European Convention on Human Rights, which remains as the highest source of human rights law across the whole of Europe.
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