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તમારા વિસ્તારમાં કોઇ કાનૂની સલાહકાર શોધો

7 The Human Rights Act

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1. Introduction

2. Where did the Human Rights Act start?

3. How does the Human Rights Act work?

Not all the rights in the Convention and its protocols are part of British law. In particular, Articles 1 and 13 and some of the protocols are not included in the Human Rights Act. The rights that have been made part of British law are called the Convention rights. Some of the rights that have been left out may be added later. The Convention rights are very broad, and the Act affects many areas of the law. The Human Rights Act says that, as far as possiblem the courts should interpret and apply the law in a way which respects or fits in with people's Convention rights.

The Human Rights Act also says that public authorities must respect people's Convention Rights. Public authorities include government departments, the police, local councils and the Benefits Agency. Some organisations are public authorities at some times, but not others. For example, a security company is a public authority when it is working for the Prison Service, but not when it is doing private security work.

Sometimes the rights of different people clash, and the courts will have to find a balance between these rights. For example, an animal rights protester may use the rights to freedom of expression (Article 10) and freedom of assembly (Article 11) to argue that the police (a public authority) should allow them to protest outside the house of a scientist who does animal experiments. The scientist may use the right to respect for their privacy and home (Article 8) to try to persuade the police to stop the protest.

4. What can I do if I think my rights have been breached?

5. Which cases doesn´t the Act cover?

6. The articles of the Act in detail

7. The protocols in detail

8. Further Help

9. About this leaflet




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This leaflet is published by the Gurkha Free Legal Advice (LSC). It was written in association with Liberty.

Leaflet version: September 2006




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