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Human Rights Act
Background, human rights and religion, prohibition on discrimination, public and private bodies, courts and tribunals, and the articles.
The Human Rights Act 1998 (HRA) brings into UK law the European Convention of Human Rights (the Convention) which was drafted following the Second World War and signed up to by the UK in 1953.
The introduction of the HRA enables people to pursue their Convention rights through the UK courts rather than having to go to the European Court of Human Rights in Strasbourg.
While there is currently no UK body with responsibility for the promotion of human rights, the Government’s Equality Bill establishes the Commission for Equality and Human Rights (CEHR). The CEHR will have responsibility for promoting human rights as well as equality.
One of the Convention rights (which are set out in Articles – please see the full list on this page) is the right to freedom of thought, conscience and religion. In full, Article 9 says:
“Everyone has the right to freedom of thought, conscience and religion: this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
“Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.”
Article 2 of the First Protocol guarantees the right of parents to ensure education within a religious faith tradition. In full, the Article says:
“No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions."
Article 14 prohibits discrimination in the enjoyment of the other Convention rights. Article 14 is not free-standing and, in order for there to be a breach of Article 14, the area in which a person is discriminated against has to come within the scope of one of the other Convention rights. For example, a gay man might be able to rely on Article 14 if he was denied access to another right (such as the right to property) on the basis that, if he was heterosexual, he would enjoy that right (such as in the case of inheriting property from a partner).
The HRA places an obligation on public bodies to act in accordance with the Convention rights. There is no such obligation on private bodies or individuals. This means that, unlike UK equal opportunities legislation, the HRA can only be directly enforced against public authorities as service providers and employers.
However, the HRA has implications for private bodies and individuals because it places an obligation on courts and tribunals to interpret and develop domestic law in a way which gives effect to the Convention rights. Therefore, an employment tribunal must have regard to Convention rights when interpreting employment rights. For example, in a case of dismissal relating to an employee’s practice of their religion, the employment tribunal must decide whether the employer acted reasonably or not having regard to the employee’s Convention right to practice a religion.
While all courts must give effect to the Convention rights, only the highest courts (the High Court, the Court of Appeal and the House of Lords) can declare a law passed by Parliament to be incompatible with the Convention rights. However, no court can force Parliament to repeal or amend the law.
Rights and freedoms guaranteed under the Human Rights Act 1998
For further details please reference our page on the rights and freedoms that are guaranteed under the Human Rights Act 1998.