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Where did the Human Right Act start?
What can I do if I think that my rights have been broken?
The Articles of the Human Right Act
2-3-4-5-6
The Articles of the Human Right Act
7-8-9-10
The Articles of the Human Right Act
11-12-14
The protocol of the Acts in details.

.: Article 7: No punishment without law.....

This says that you cannot be tried and found guilty if what you did was not a criminal offence when you did it. It also says that you can't be punished in a way that was not the law when you committed the offence. Parliament can't backdate a law that increases the length of time you could be sent to prison for, or introduce a new punishment for an offence. It also says that the law must be clear so that people know whether what they are doing is against the law or not.

.: Article 8: Right to respect for private and family life.....

This says there should be respect for everyone's private life and family life, their homes and their correspondence. There is no firm definition of what respect for private life means, though it is similar to privacy and covers:

  • The right to get on with your life without interference.
  • The right to develop your personality and to form friendships and relationships with other people.
  • The right to enjoy your sexuality; and
  • The right to control your body.

People have successfully used the private life part of Article 8 to challenge the Government holding information about them (for example, someone who had been in care has used it to get information about his childhood). 'Family life' means your relationship with your close family. This includes a man and woman who aren't married but who live in a stable relationship. The Court in Strasbourg has not yet recognized a same-sex couple as a family, but it may be that the courts in this country will do so in future. People may use this part of Article 8 to argue that they should be given medical help to get pregnant.

'Your home' means where you currently live. The right to respect for your home does not mean that you have the right to be given a home if you do not have one, or to be given a better one than you already have. 'Your correspondence' means your phone calls and letters, as well as e-mail. People have successfully used Article 8 to challenge the police or secret services who have bugged their phones. Article 8 is a 'qualified right,. This means that it can be broken in certain circumstances. But the Government or the public authority that has broken the right must show that they were justified in doing this.

The public authority has to show that there was a clear legal basis to break the right. Their actions must pursue one of the six aims set out in Article 8. These aims include to prevent crime, and to protect the rights of others. They also have to show that breaking the right was necessary and proportionate' (that it was done for a very good reason and went no further than necessary to achieve this).

.: Article 9: Freedom of thought, conscience and religion.....

This guarantees that you can think what you want and can hold any religious belief. You cannot be forced to follow a particular religion and cannot be stopped from changing your religion. This also includes veganism and pacifism. Article 9 also protects the right to practice or express your religion or beliefs. This right is a 'qualified' right, so it can be broken in some circumstances. As long as the Government or the public authority that breaks the right can show that it is justified. This have to show that there is a clear legal reason for breaking the right. Their actions must pursue one of the four aims set out in Article 9, for example, to protect the rights of other.

They also have to show that breaking the right was 'necessary and proportionate' (that it was done for a very good reason and went no further than necessary).

.: Article 10: Freedom of expression.....

This guarantees the right to pass information to other people and to receive information that other people want to give to you. It also guarantees the right to hold and express opinions and ideas. It is similar to the right under Article 9, although the range of opinions and beliefs that are protected by Article 10 is much wider.

Journalists and people who publish newspapers and magazines can use Article 10 to argue there should not be any restrictions on what they write about. Article and writers can use it to defend themselves against people who try to censor their work. People may use Article 10 to argue for fewer restrictions on pornography. This Article may also cover expressing yourself through the way you look (how you dress or have your hair cut, for example), though this may also be covered by Article 8.

Article 10 is a 'qualified' right. This means it can be broken in certain circumstances. It is up to the Government or the public authority that is breaking the right to show that this is justified. The public authority has to show that there was a clear legal basis to break the right. Their actions must pursue one of the eight aims set out in Article 10, which include:

  • The prevention of crime.
  • The protection of morals.
  • The protection of other people's rights or reputations; and
  • The protection of confidential information.

They also have to show that the interference was necessary and proportionate' (that it was done for a very good reason and went no further than was necessary).