The Human Rights Act 1998 is a piece of British legislation that creates fundamental protections in favour of individuals in accordance with European rules that continue to apply despite its departure from the EU.
Other countries protect human rights of this or a similar nature, to a lesser or greater degree, in their own ways, and precise rules differ from state to state.
In Britain the Act applies to public bodies, such as councils and government departments, and their agents.
It also imposes the same duties on private organisations (e.g. partnerships or limited companies) who, while not public authorities, are performing a public function such as e.g debt collection activities on behalf of the State, as well as regulatory bodies established e.g. to protect the public.
The rules as to whom the Act applies precisely can be complex in a borderline case, so specialist advice should be sought as necessary.
The fundamental rights to which individuals are entitled are wide in scope and as follows:-
● A right to life.
● A right to respect for private and family life.
● A right to personal liberty.
● A right not to be tortured or treated in an inhuman way.
● A right to a fair trial.
All organisations who hold responsibilities under the Act should have policies in place describing how they ensure compliance and have trained their staff on its application.
However, this is not always the case.
Hard though it may be for readers to believe, we have encountered major public bodies whose officers are either not aware of the fact that the organisation's actions are subject to safeguarding the rights granted to individuals under the Human Rights Act at all or that they apply any more to them than they supposedly apply to individuals themselves (which they do not).
Individuals or organisations who may be affected by their actions and so have to deal with them, therefore, would do well to appraise themselves of the protections they are entitled to, raise them and ask for copies of their relevant Human Rights policies in order that they can be referred to or enforced as necessary.
Because even flagging the fact that you are aware that such rights and corresponding duties exist can result in you receiving more respectful, if not favorable treatment.
If you can relate to the contents of this post and would like the further value of our extensive expertise in this area, please reach out to us in confidence via our "Contact" page.
For further information in this regard, please consult our "Legal Notices" page.