Human Rights

The Human Rights Act 1998 comes into force on 2^nd October 2000. It has been part of Scottish law since devolution. The legislation has been brought about by the European Convention on Human Rights, which aims to protect rights to life and liberty. This has an impact on everyone when it comes down to matters of privacy and freedom of expression. It is important to realise that the new legislation is still in its early days and so the full impact cannot be assessed until it has been tested in court.

FAQs

How can someone use the Act?

If you consider that a public body or authority has breached your human rights, you can take it to court and rely on the Convention rights in the course of any other proceedings involving a public authority. For example, this could include judicial reviews and criminal trials.

If you take a public body or authority to court, you have to bring proceedings within a year of the act complained of. However, the court can allow you to bring a case after a longer period of time if it considers this is fair.

A public body or authority means:

• Government departments

• Local authorities

• Police, prison, immigration officers

• Public prosecutors

• Courts and tribunals

• Non-departmental public bodies

• Any person exercising a public function

  Does the Act cover anything which happened before 2^nd October 2000?

Unfortunately, the answer is: generally not.

What remedies are available under the act?

A court can award whatever remedy is open to it and seems just and appropriate, such as damages.

Who can bring cases?

Only victims of a breach of the Convention rights can bring proceedings. Interest groups cannot initiate cases, but they can assist victims in bringing actions.

Can cases still be taken to the European Court of Human Rights?

This route can still be taken, but Strasbourg will need to know that all the available routes in the UK have been exhausted.

The Main Articles

Article 8 is about respect for private and family life.

1.         Everyone has the right to respect for his/her privacy, family life, home and correspondence.

2.          No public authority shall interfere with the exercising of the above right except in accordance with the law, democratic interests, national security, public safety, the economic health of the country, protection of health and morals, prevention of crime, and the protection of the rights and freedoms of others.

Article 10 is about the freedom of expression.

1.         Everyone has the right to freedom of expression. This includes the right to hold opinions and to handle information and ideas without the interference of public bodies.

2.         These freedoms may be subject to formalities, conditions, restrictions or penalties prescribed by law in the interests of democracy, national security, public safety, the economic health of the country, protection of health and morals, prevention of crime, the protection of the rights and freedoms of others, preventing the disclosure of confidential information and maintaining the authority and impartiality of the judiciary.

Article 8.1 might have an impact in the future when it comes to the monitoring of e-mail and internet traffic. As a result, employees now have a right to privacy on private telecommunications systems. Despite this not being tested yet in court, the employer’s right to read and monitor e-mail may be under threat.