LIBERTY & RACIAL EQUALITY LINKS
Who is covered by the act
Rights Act 1998 applies to all public
makes it unlawful for bodies like the police, government departments,
local councils etc. to violate the rights contained in the European
Convention on Human Rights. The Human Rights Act does
not impose duties directly on private individuals or companies unless
they are performing public functions. For instance, a private security
company looking after prisoners for the police will be bound by the
Nelson Says: "Fight for your rights"
can the Act be used?
How can the Act be used?
Where there has been a breach of the European Convention on Human Rights - or even where there is about to be - the victim can take proceedings in court under the Human Rights Act. They may be able to take judicial review proceedings, obtain an injunction to stop the violation, force the public authority to take action or obtain damages and compensation.
Under the Human Rights Act 1998 old judge-made law - the common law -will have to change if it does not respect the rights in the European Convention on Human Rights.
Article 2 to 12 and 14 to 18 of the European Convention on Human Rights plus Article 1 to 3 of the First Protocol to the Convention have been incorporated into UK law by the Human Rights Act.
Although the Human Rights Act 1998 incorporated the European Convention on Human Rights into domestic law, it is still possible to take cases to Europe.
AIRE Centre (Advice on Individual Rights in Europe)
Rights Update, One Crown Office Row