What is the Human Rights Act 1998?
The Human Rights Act 1998 sets out the basic rights and freedoms that everyone in the UK is entitled to. The Act is based on the Convention rights from the European Convention on Human Rights (ECHR), bringing them into British law. Generally, any new law passed in the UK must be compatible with the Convention rights.
The Act requires all public authorities to act in a way which respects and protects a person’s human rights. This includes:
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government departments
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councils
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hospitals
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the police
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those acting on behalf of public authorities.
What is a human right?
A human right is something that belongs to every person, no matter if they have a learning disability or not. The Human Rights Act applies to every person resident in the United Kingdom.
Why is the Human Rights Act important for learning disabled people?
Public authorities must make sure all their actions and decisions align with the Human Rights Act. If a public authority does not, it may be in breach of a person’s human rights and they could be taken to court.
Article 3 – freedom from torture and inhuman or degrading treatment. People with learning disabilities have the right to receive care and support that is dignified and respectful. A public authority must intervene if someone mentally or physically harms a learning disabled person in a health or care setting. The state has a duty to protect people from such treatment and investigate allegations.
Article 8 – a right to respect for private and family life. Learning disabled people have a right to live their life privately. They should be able to enjoy family relationships (including the right to live with their own family), and to enjoy their home peacefully without interference from public authorities.
Article 12 – the right to marry. This means that learning disabled people have the right to marry and to start a family, just like everybody else.
Article 14 – protection from discrimination. This means all the rights and freedoms set out in the Human Rights Act must be applied to everyone, without discrimination. In other words, no one should stop learning disabled people from enjoying any of the other rights in the Act because of their disability.
What can you do if you think that a person is being denied a human right?
If you think that a public authority has interfered with an individual’s human rights or has failed to act to ensure that their rights have been protected, you can try to resolve it informally at first. If this does not work, you can make a formal complaint to the public authority or take legal action. See the Citizens Advice website for more information.