Factfile : questions about the Human Rights Act

What rights do we have?

The Human Rights Act 1998 protects every person living in the UK. It is made up of a series of articles which cover two types of human rights:

• ABSOLUTE RIGHTS, which everyone in the UK has, such as the right to life, (Article 2) and the right to be free from inhuman or degrading treatment (Article 3)
• QUALIFIED RIGHTS, which require an individual’s rights to be balanced against the rights of others; such as respect for your private and family life, your home and correspondence (Article 8).

Who must take notice of the act?

The Human Rights Act only applies to public bodies, who must take account of its provisions in carrying out their work. These include:

• Local council services, such as social services and schools
• Hospitals and other NHS organisations
• Primary Care Trusts for services such as your GP

If these bodies fail to comply with the Act, anyone living in the UK can bring proceedings in the domestic courts under the Human Rights Act if the violation affects them directly.

Does it mean my council must give me what I ask for?

No, the Human Rights Act doesn’t mean that local authorities will have to put in place everything a carer or disabled person asks for. It recognises that some rights have to be balanced against other factors; for example, the carer’s right to ask for a break is weighed up against the disabled person’s right to refuse respite services.

So how it does affect my local council?

The Human Rights Act does mean that local authorities should demonstrate that they have fully and properly considered the carer’s needs before making any decisions about what they can and can’t provide. For example, we know that social work teams regularly tell carers that they cannot have a service the carer wants (such as cleaning or shopping) before their needs have even been assessed. This is wrong, and open to legal challenge.

Futher information

British Institute of Human Rights
The British Institute of Human Rights (BIHR) offers training and advice to community groups. They can help explain how carers groups can use the Human Rights Act to improve local services.
The Law School, King’s College London, 26-29 Drury Lane, London WC2B 5RL.
Tel: 020 7848 1818  Website: www.bihr.org

Carers UK Equal Partners
Have produced a briefing about the Human Rights Act and how local carers groups can use it to engage with their local councils and NHS. www.carersuk.org/equalpartners