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Human rights

Anyone who is in the UK for any reason has fundamental human rights which the government and public authorities are legally obliged to respect. These became law as part of the Human Rights Act 1998.

Human Rights Act

The Human Rights Act 1998 gives legal effect in the UK to the fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR). These rights not only affect matters of life and death like freedom from torture and killing but also affect your rights in everyday life: what you can say and do, your beliefs, your right to a fair trial and many other similar basic entitlements.

The rights are not absolute - governments have the power to limit or control them in times of severe need or emergency. You also have the responsibility to respect the rights of other people - and not exercise yours in a way which is likely to stop them from being able to exercise theirs. Your human rights are:

  • the right to life
  • freedom from torture and degrading treatment
  • freedom from slavery and forced labour
  • the right to liberty
  • the right to a fair trial
  • the right not to be punished for something that wasn't a crime when you did it
  • the right to respect for private and family life
  • freedom of thought, conscience and religion, and freedom to express your beliefs
  • freedom of expression
  • freedom of assembly and association
  • the right to marry and to start a family
  • the right not to be discriminated against in respect of these rights and freedoms
  • the right to peaceful enjoyment of your property
  • the right to an education
  • the right to participate in free elections
  • the right not to be subjected to the death penalty

If any of these rights and freedoms are abused you have a right to an effective solution in law, even if the abuse was by someone in authority, for example, such as a policeman.

Exercising your human rights

If you are in a situation in which you believe that your human rights are being violated, it's advisable to see if the problem can be resolved without going to court by using mediation or an internal complaints body.

"see if the problem can be resolved without going to court"

Where you believe your rights have not been respected and you cannot resolve the problem outside court, you are entitled to bring a case before the appropriate court or tribunal in the UK. The court or tribunal will then consider your case.

Seeking legal advice

Before you decide to take any legal action is important that you seek legal advice.

The Citizens Advice Bureau may be able to help you and Community Legal Advice can put you in touch with advice providers in your area. There are also a number of Law Centres around the UK, which can offer you advice and help on a range of issues.

Her Majesty's Courts and Tribunals Service provides a leaflet, 'The Human Rights Act 1998 – Information for Court Users', which provides information on how to issue a claim for monies owed or damages under the Human Rights Act. It also sets out some important things to consider before making such an application.

Free and foreign language information about the Human Rights Act

A guide to the Human Rights Act is available from the Directgov website.

It also available in several languages and other formats. You can find out more at the following page on the Directgov website:

More useful links

Forced marriage

Forced marriage is regarded as an abuse of human rights and a form of domestic abuse and, where it affects children and young people, child abuse. It can happen to both men and women. The courts now have powers to prevent forced marriages from occurring or offer protection to those who have been forced to take part in a marriage.