The Human Rights Act

The Human Rights Act

The Human Rights Act was brought about as a result of the European Convention on Human Rights, which was set up by the Council of Europe. This was to ensure that the violations of human rights under the reign of Hitler during the Second World War, would not be able to happen again. The act however, was only passed into UK law in October 2000. This act means that instead of having to visit the European Court of Human Rights in Starsbourg, people are now able to seek redress in a UK court. The following are covered by the act:

§ The right to life

§ Prohibition of torture, inhuman and degrading treatment

§ Freedom from forced labour

§ Right to liberty

§ Right to a fair trial

§ Retrospective penalties

§ Right to respect for private and family life

§ Freedom of thought, conscience and religion

§ Freedom of expression

§ Freedom of assembly and association

§ Right to marry

§ Prohibition of discrimination

The new law benefits both civilians and Governments. For example, judges now have greater power, as they are now able to strike down statutes passed by UK Parliament, but have to interpret them so that they are compatible with the convention. The law benefits civilians as it give them the chance to appeal if they feel that they have been taken advantage of, and have had their rights taken away from them. For example, if someone feels they are being made to stay in an elderly home when they feel they are capable of living alone. In some cases it is possible to hold someone against their will such as if they have a mental disorder or are a danger to themselves. If the individual appealed they could be granted redress and could be allowed to leave.

In order to ensure that all provisions are followed, organisations should ensure all staff are aware of the act and what it involves.

Whilst at my work placement the following situation could occur. An elderly client with dementia