7 The Human Rights Act
Download The Human Rights Act (PDF File, 1.92Mb)
2. Where did the Human Rights Act start?
The roots of the Human Rights Act go back to the Second World War. After the war, the European Convention on Human Rights (often called 'the Convention') was written, setting out important basic human rights. In 2000 the Human Rights Act made the Convention part of British law.
The rights in the Convention are set out as separate 'articles'. Since the Convention was written, new 'protocols' have been added. Most of these protocols deal with procedure, but some of them add new rights to the Convention.
The European Court of Human Rights in Strasbourg was set up to consider cases brought by people who claim that their rights under the Convention have been broken ('breached' in legal terms). In many cases, this court has decided that the British government has breached the Convention. These cases have led to important changes in the law in this country.
Taking a case to the court in Strasbourg takes a long time. In almost all cases you must first take legal action in this country using the Human Rights Act before you take a case to the court in Strasbourg. You can take a case to Strasbourg only if you fail to win your case here under the Human Rights Act.
3. How does the Human Rights Act work?
4. What can I do if I think my rights have been breached?
5. Which cases doesn´t the Act cover?
6. The articles of the Act in detail
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Liberty.
Leaflet version: September 2006