Human Rights Information

Human rights are the basic rights and freedoms that belong to every person in the world. Find out about your rights and our role in promoting and monitoring human rights.

The Human Rights Act 1998 sets out the rights in the UK which are protected by the European Convention on Human Rights. The Act did not invent human rights for British people. Instead, it introduced into our domestic law some of the rights set out in the Universal Declaration of Human Rights and other international documents. More specifically, it gave greater effect within the UK to the rights and freedoms protected by the European Convention on Human Rights, a treaty which British lawyers helped to draft. So the Act meant that these basic rights and freedoms are now more easily protected within the UK.

The Act applies to all public authorities (such as central government departments, local authorities and NHS Trusts) and other bodies performing public functions (such as private companies operating prisons). These organizations must comply with the Act – and your human rights – when providing you with a service or making decisions that have a decisive impact upon your rights. Although the Act does not apply to private individuals or companies (except where they are performing public functions), sometimes a public authority has a duty to stop people or companies abusing your human rights. For example, a public authority that knows a child is being abused by its parents has a duty to protect the child from inhuman or degrading treatment.

The Human Rights act covers everyone in the United Kingdom, regardless of citizenship or immigration status. Anyone who is in the UK for any reason is protected by the provisions in the Human Rights Act. The rights in the HRA are known as 'justiciable', which means that if an individual thinks they have been breached, they can take a court case against the public sector body that has breached them.

What is EHRC and explain the protected grounds?

 

The EHRC is an independent Non-Departmental Public Body (NDPB) established by the Equality Act 2006 (as amended) (the 2006 Act) as a body corporate. It is accredited by the United Nations as an „A‟ status National Human Rights Institution, because it complies with the Paris Principles (UN General Assembly Resolution 48/134[1]). The EHRC’s purpose is to promote equality and tackle discrimination in relation to gender, race, disability, sexual orientation, age and religion or belief; promote good relations between groups; and provide institutional support for human rights across Great Britain. The EHRC must be free to exercise its statutory functions free from ministerial interference or undue influence. These include preparing independent reports and recommendations, assisting individuals in pursuing complaints about discrimination and may also involve challenging the government or political parties, including taking legal proceedings or other enforcement action against government departments, Ministers and political parties. The EHRC’s strategic aims and mission are set out in its strategic plan as revised and amended from time to time.

 

Protected Rights

AGE

Where this is referred to, it refers to a person belonging to a particular age (e.g. 32 year olds) or range of ages (e.g. 18 - 30 year olds).

Disability

A person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities.

Gender reassignment

The process of transitioning from one gender to another.

Marriage and civil partnership

Marriage is defined as a 'union between a man and a woman'. Same-sex couples can have their relationships legally recognised as 'civil partnerships'. Civil partners must be treated the same as married couples on a wide range of legal matters.

Pregnancy and maternity

Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.

Race

Refers to the protected characteristic of Race. It refers to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins.

Religion and belief

Religion has the meaning usually given to it but belief includes religious and philosophical beliefs including lack of belief (e.g. Atheism). Generally, a belief should affect your life choices or the way you live for it to be included in the definition.

Sex

A man or a woman.

Sexual orientation

Whether a person's sexual attraction is towards their own sex, the opposite sex or to both sexes.
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