Your Rights

What is the Human Rights Act?

Summary: About Human Rights Act and the rights it gives.

• What rights does the Act give people?
• Who and what will the Act affect?
• Are there any 'defences' to infringement of the rights contained in the Act?
• How is the Act relevant to me?
• How does the Human Rights Act affect the Disability Discrimination Act?
• What can I do if I think that my human rights have been breached?
• RNIB and the Human Rights Act

---

What rights does the Act give people?

Your basic rights are set out in the Human Rights Act 1998 as follows:

• to life
• the prohibition of torture
• the prohibition of slavery and forced labour
• to liberty and security
• to a fair trial
• not to be held guilty of a criminal offence which did not exist in law at the time at which it was committed
• to privacy, family life, home and correspondence
• to freedom of thought, conscience and religion
• to freedom of expression
• to freedom of assembly and association
• to marry
• to protection of property
• to education
• to free elections
• to the rights and freedoms set out above without discrimination on any ground.

Who and what will the Act affect?

• individuals
• public authorities
• courts and tribunals
• legislation.

Are there any 'defences' to infringement of the rights contained in the Act?

The majority of the rights contained in the Act are limited or qualified, which means that they can be infringed in certain circumstances.

How is the Act relevant to me?

As a blind or partially sighted person, you will not only have the rights outlined above but you should also have those rights without discrimination on the basis of your sight problems.

How does the Human Rights Act affect the Disability Discrimination Act?

The Disability Discrimination Act (DDA) is a Government measure intended to reduce discrimination against disabled people. As such, the DDA and the Human Rights Act may overlap. For example, in a court hearing, where necessary information about the case has not been made accessible, you could bring a claim under the DDA for failing to provide accessible information – and also under the Human Rights Act, for failing to allow you to have a fair hearing.

What can I do if I think that my human rights have been breached?

If you think that you may have a case under the Human Rights Act against a public authority, you will need to raise the matter directly with the authority to try to get them to change what they are doing. If this does not resolve the matter, you may have to go to court to ask the court to declare that your rights have been infringed and to award compensation. You will need to seek specialist advice as early as possible - you could try contacting one of the specialist organisations listed below which deal with the Human Rights Act. They may be able to assist you with your case or refer you to a local solicitor who will be able to give you advice and assistance.

Legal Aid, where the Legal Services Commission pays for a solicitor to take on your case if you meet a means and merits test, may be available for a Human Rights Act case.

If your case is not against a public authority but against a private body, you will not be able to bring a case directly against them under the Human Rights Act but you may be able to raise the Human Rights Act in other proceedings against them.

Sources of support for human rights cases

Liberty specialises in Human Rights Act issues and may be able to provide you with free advice. They can be contacted by post and telephone at:

21 Tabard Street
London
SE1 4RA
Telephone 020 7403 3888

Advice on Individual Rights in Europe (AIRE) specialise in the European Convention on Human Rights (on which the Human Rights Act is based) and will provide free advice on Human Rights Act issues. They can be contacted by post and telephone at:

49 Effra Road
London SW2
Telephone 020 7924 0927

Law Centres Federation - your local law centre may be able to provide advice and assistance on particular Human Rights Act issues. To find out where your nearest Law Centre is, contact the Law Centres Federation (Tel 020 7387 8570 [London Office] or 01142-78 70 88 [Sheffield]).

National Association of Citizen Advice Bureaux (CABs) may be able to provide advice and assistance in Human Rights Act issues (Tel 020 7833 2181).

RNIB and the Human Rights Act

RNIB recognises that visually impaired people are disadvantaged in many areas of their lives. We would encourage blind and partially sighted people to make use of the Human Rights Act, along with the DDA, to tackle discrimination and to help improve the situation for other blind and partially sighted people.

Return to DDA homepage

Content author: DDAEnquiries@rnib.org.uk

Last updated: 29/04/2008 16:46