The Articles of the Act in detail.

Here, we explain what each Article says .We also give examples of how they have been used in the past or how they might be used now under the Human Right Act Bear in mind, though, these are just examples, and the Convention rights will probably be used in lots of other ways. (Article 1 simply sets out that rights should be available, the rights themselves start at Article 2).

.: Article 2: Right to life.....

This says that the Government and public authorities must protect the right to life. It may mean that the police have to protect someone whose life is under immediate threat. It might also be used to argue that a patient should be able to get treatment that would save their life. Article 2 says that there are three situations when the Government or a public authority can justify taking someone's life. These are where:-

• They are protecting someone else from illegal violence.
• They are trying to arrest someone or prevent someone from escaping from custody; or
• They are trying to stop a riot.

If someone dies in such a situation the Government or public authority (usually the police) will have to show that no more force was used than was absolutely necessary. If they cannot show that they used only as much force as was absolutely necessary, they will have broken Article 2. It also says that there should be a proper investigation when the police or army kill someone or when someone dies in custody.

.: Article 3: Prohibition of torture.....

This says that no-one should be tortured, and also forbids punishing or treating people in a way which is degrading or in human. The European Court of Human Rights says inhuman or degrading treatment or punishment has to be very serious to be a breach of Article 3. At the very least, it must be extremely humiliating.

People have used this article to argue that someone should not be deported to a country where they are likely to be tortured. It could also be used to argue that someone should not be deported to a country where they are likely to be given an unfair prison sentence. Prisoners or people held in hospital might also use it if they are treated very badly or if the conditions in the prison or hospital are particularly bad.

.: Article 4: Prohibition of slavery and forced labour.....

This forbids slavery, not only when one person is owned by another person, but also when someone is forced to work. However, the article makes it clear that this does not include work that someone has to do while they are in prison. Article 4 may mean that the courts will be able to order someone to do community service only if they agree to it. It may also be argued that Article 4 would be broken if someone's benefit was taken away because they refuse to take a job.

.: Article 5: Right to liberty and security.....

This limits the circumstances in which someone can be detained and have their freedom taken away. This covers detention for both long periods (for example, if you are in prison or are forced to stay as a patient in a mental hospital) and short periods (for example, if you are arrested). It may even cover when the police stop someone on the street. Article 5 says that the law must be clear about how and when people can be detained. It also says that people can only be detained if:-

• They have been convicted of an offence and sentenced to imprisonment.
• They have not obeyed a court order to make them do something that the law says they must do (for example, pay a fine or pay maintenance).
• There is good reason to suspect that they have committed a crime, or to stop them from committing a crime, or to stop them running away after committing a crime.
• They are under 18, to make sure that they get educational supervision, or so that they can be taken to court.
• They are mentally ill, alcoholics, drug addicts or vagrants, or if it is necessary to detain them to prevent the spread of an infectious disease; or
• Prevent them coming into the country illegally, or so that they can be deported or extradited.

However, English law does not allow some types of people to be detained (for example, drug addicts). Article 5 also gives people who have been arrested or detained the right to:-

• Be told the reason for their arrest in a language they understand.
• Be taken before a court quickly.
• Bail, unless there are good reasons for not granting it.
• Be tried within a reasonable time,
• To take court proceedings to challenge their detention if they think that it is illegal; and
• Compensation if they have been illegally detained.

Article 5 also gives some people who are detained (for example, compulsory patients in a mental hospital or discretionary life prisoners) the right to have a court or tribunal look again at the reasons for their detention from time to time.

.: Article 6: Right to a fair trial....

This says everyone has the right to a fair trial and sets standards for the way that hearings should be run. You may believe that you have not had a fair trial if you lose your case, but Article 6 will be broken only if these standards have not been met. It applies to both civil and criminal proceedings. Criminal proceedings are when someone is prosecuted for an offence. Under Article 6, criminal proceedings have a wider meaning than they usually have in English law, for example, cases against people for contempt of court or for not paying their Council Tax.

Article 6 covers civil cases involving disputes between private people or organizations. It may also cover disputes between a private person or organization and the Government or a public authority. Civil proceedings that are covered by Article 6 include disputes about who the children of separated parents should live with, and how much contact they should have. Other types of hearing, such as employment tribunals and social security tribunals may also be covered. Certain standards apply in both criminal and civil proceedings. These are rights to:-

• A trial within a reasonable time.
• An independent judge.
• A public hearing (although there are circumstances when the public are not allowed to watch).
• Have the judge's decision made public; and
• Know the judge's reasons for the decision.

In civil proceedings,Article 6 also protects the right to take court proceedings to settle a dispute. But this right may not apply in all cases. It may also give you the right to public funding for your case if the dispute is very complicated and you cannot afford a lawyer. There are extra rights in criminal proceedings. These are the rights to:-

• Be presumed innocent until you have been proved to be guilty.
• Be told at an early stage what you are being accused of.
• Remain silent. You cannot be forced to answer questions, but the court may decide that this is a sign of your guilt.
• Have enough time to prepare your defense.
• Have public funding for a lawyer if you cannot afford one and it is in the interests of justice for you to have one.
• Be present at your trial.
• Put your side of the case at your trial.
• Question the main witnesses against you and to call witnesses of your own; and
• Have an interpreter if you need one.