Human Rights
From 2 October 2000, the Human Rights Act 1998 is fully in force
in the United Kingdom. The broad effect of this Act is to require
that UK Domestic Law is interpreted, and that public authorities
act, in a manner that is compatible with the European Convention on
Human Rights.
The European Convention on Human Rights
contains "Articles." Those which are most likely to be relevant to
cases about children are Article 6 (the right to a fair trial) and
Article 8 (the right to respect for private and family life).
In some circumstances the facts of the case may
involve the balancing of competing rights. However, there are some
rights that are absolute and cannot be restricted or interfered
with. Articles 8 to 11 may be limited where that is necessary to
achieve an important objective. These are therefore called
qualified rights.
Article 2: The right to
life.
This requires that everyone's right to life
shall be protected by law. This is not an absolute right in that
although no one can be deprived of life intentionally there are
exceptions where it would be legal to do so.
Article 3: Prohibition of
torture.
This requires that no one shall be subjected to
torture or to inhuman or degrading treatment or punishment. This is
an absolute right, breach of which cannot be justified or excused
by other factors.
Article 4: Prohibition of slavery and
forced labour.
Article 5: Right to liberty and
security.
No one is to be deprived of his liberty except
in very specific circumstances and in accordance with procedures
prescribed by the law.
Article 6: Right to a fair
trial.
There must be access to a court or tribunal
that is independent and impartial. A hearing must be within a
reasonable time and there must be a sense of "fair balance" between
the parties, with each party being afforded a reasonable
opportunity to present their case.
There must be disclosure of documents to ensure
that all parties have all the information available. Every party
must have the opportunity to have knowledge of and to comment upon
the evidence adduced by the other parties.
There is the right to a public hearing,
although at present children's cases are heard in private. There
should be a reasoned decision given by the court for decisions
reached.
Article 7: No punishment without
law.
Article 8: Right to respect for private
and family life.
There is a positive obligation on the state to
ensure an effective respect for this right. However, this is a
qualified right which means there can be interferences with an
individual's family life provided the interference is:
a) lawful
b) must serve a legitimate purpose
c) be necessary in a democratic society and
d) must not be discriminatory
Article 9: Freedom of thought,
conscience and religion.
Article 10: Freedom of
expression.
Article 11: Freedom of assembly and
association.
Article 12: Right to
marry.
Article 14: Prohibition of
discrimination.
Article 16: Restrictions on political
activity of aliens.
Article 17: Prohibition of abuse of
rights.
Article 18: Limitation on use of
restrictions on rights.
The First Protocol, Article 2: Right to Education
No person shall be denied the right to
education. The State shall respect the right of parents to ensure
such education conforms with their own religious and philosophical
convictions.
(A protocol is a later addition to the
convention).