The Human Rights Act 1998 is a law in the United Kingdom that brings the rights in the European Convention on Human Rights into UK law. It came into force across the UK on 2 October 2000.
Before the Act, people in the UK who felt their Convention rights had been breached usually had to take their case to the European Court of Human Rights in Strasbourg. The Act made it possible to raise these rights in UK courts.
This guide explains the main points of the Act, the rights it protects, and why it matters, including the right to education.
The Main Points in Brief
- It incorporates Convention rights into UK law, listed in Schedule 1.
- Public authorities must act compatibly with these rights (section 6). This includes government departments, councils, police, state schools and the NHS.
- Courts must read laws in a way that fits the rights where possible (section 3).
- Higher courts can issue a “declaration of incompatibility” if a law cannot be read compatibly (section 4). Parliament then decides whether to change the law.
- Courts must take account of European Court of Human Rights case law (section 2).
- People can bring cases in UK courts if a public authority has breached their rights (sections 7 and 8).
You can read the full Act on the official legislation.gov.uk website.
The Rights Protected
A clear summary of the Convention rights in the Act is given by Multikulti. They include:
| Article | Right |
|---|---|
| 2 | Right to life |
| 3 | Freedom from torture and inhuman or degrading treatment |
| 4 | Freedom from slavery and forced labour |
| 5 | Right to liberty and security |
| 6 | Right to a fair trial |
| 7 | No punishment without law |
| 8 | Respect for private and family life |
| 9 | Freedom of thought, conscience and religion |
| 10 | Freedom of expression |
| 11 | Freedom of assembly and association |
| 12 | Right to marry |
| 14 | Protection from discrimination in enjoying these rights |
| Protocol 1, Art. 1 | Protection of property |
| Protocol 1, Art. 2 | Right to education |
| Protocol 1, Art. 3 | Right to free elections |
| Protocol 13, Art. 1 | Abolition of the death penalty |
Absolute, Limited and Qualified Rights
- Absolute rights can never be limited, such as freedom from torture (Article 3).
- Limited rights can be restricted only in specific situations set out in the Convention, such as lawful detention under Article 5.
- Qualified rights can be restricted to protect others or the public, if the restriction is lawful, necessary and proportionate, such as freedom of expression (Article 10).
The Act and Education
Article 2 of Protocol 1 says no person shall be denied the right to education, and the state must respect parents’ religious and philosophical convictions in education and teaching (the UK has a reservation limiting this to what is compatible with efficient instruction and reasonable public spending). State schools, as public authorities, must also respect rights like privacy, freedom of religion and freedom from discrimination.
The Link With the European Convention
The European Convention on Human Rights is a treaty of the Council of Europe, signed in 1950. It is separate from the European Union, so the UK’s exit from the EU did not remove the Human Rights Act. You can read the full text of the Convention on the European Court of Human Rights website.
How the Act Compares With Global Standards
Many of the same rights appear in the UN’s International Covenant on Civil and Political Rights. See our guides to the 1966 ICCPR and the fundamental human rights.
Students often discuss whether governments protect rights well enough. For a balanced way to approach that question, read is the government doing enough to protect human rights?
Frequently Asked Questions
Does the Act apply to private companies?
Mainly to public authorities, and to private bodies when they carry out public functions. Courts, as public authorities, also apply it in cases between private parties in some ways.
Can courts strike down an Act of Parliament?
No. Higher courts can issue a declaration of incompatibility, but Parliament decides whether to change the law.
When did the Act come into force?
It was passed in 1998 and came fully into force across the UK on 2 October 2000.
Key Takeaways
- The Human Rights Act 1998 brings Convention rights into UK law.
- Public authorities must act compatibly with these rights.
- Courts interpret laws compatibly or declare incompatibility.
- It includes the right to education under Protocol 1.
