A History of Human Rights in the UK

If you live in the UK, your human rights are protected under the Human Rights Act 1998, a piece of legislation that brought the European Convention on Human Rights into effect in UK law.

Despite being over 25 years old, this is still perhaps the single most important piece of legislation in the country, establishing the rights and freedoms that ALL residents of the UK are entitled to.

Human rights are a developed power in Scotland, however, under the Scotland Act 1998, the Scottish Government and Parliament are legally required to act in accordance with the Human Rights Act 1998.

When a human rights violation occurs, it is the task of human rights lawyers to defend these fundamental rights and ensure that the victim gets the justice they deserve.

As the leading humans rights lawyers in Scotland, we know human rights legislation inside and out, and are constantly updating and reviewing our knowledge to ensure we continue to provide the best possible representation to clients who are often in very challenging situations.

If you believe that you have been the victim of a human rights violation, please get in touch with Aamer Anwar & Co on 0141 429 7090 today. We will guide your through the entire process, providing ongoing support and assistance throughout and answering any questions or concerns you might have.

Human rights are fundamental to a safe, fair and humane society and it is important that you are aware of what your rights are, and what to do if you think your rights have been violated.

Before we look at current human rights law in the UK, we will first take a look at how we got to where we are today, providing a brief timeline of human rights legislation throughout history.

A timeline of human rights law in the UK

1215 – The Manga Carta

The concept of ‘rights for all’ in the UK, is not a new one. In fact, the idea of legislation protecting the rights of the people can be traced over 800 years, all the way back to the Magna Carta, a royal charter approved by King John all the way back in 1215.

This charter, designed to bring peace between the crown and a rebel group and is credited with introducing certain freedoms such as the free movement of people, common land for everyone and the right to a free trial.

Many scholars now believe that the charter was related almost solely to the relationship between the monarch and a group of rebel barons, rather than the public at large and its status as a trailblazer for human rights law is little more than a myth, however, the document remains a symbol off freedom and constitutional power to this day.

1679 – Habeas Corpus Act

A historic piece of legislation forming the foundation of the people’s ‘right to a free trial’, this Act gave prisoners the right to challenge their detention in front of a judge the event of imprisonment.

At the time, the legislation applied to all prisoners except those who were deemed to have committed treason or felonies, a condition that thankfully no longer applies to UK law.

Whilst there have been many different adaptions and alterations to this act over the years, it still remains part of UK law to this day.

English Bill of Rights 1689

One of the most important pieces of legislation in UK history, and particularly the history of the UK Government.

Whilst the bill did not apply in Scotland at the time, it is fundamental to the development of the legislation that does apply in the modern era and therefore essential to the history of human rights in this country.

The bill further limited the power of the monarch, introduced the right to a trial before being fined, and introduced the first protections against torture in the form of freedom from cruel and unusual punishments.

Universal Declaration of Human Rights 1948

Whilst all the legislation mentioned thus far has been integral in the development of human rights, it was 1948 when the first ‘universal’ set of rights was established in the form of the Universal Declaration of Human Rights.

This historic document was created out of a recognition that a collective set of shared human values was required following the devastating events of the Second World War.

Accepted by the United Nations, this declaration sets of the freedoms and rights that all humans across the world are entitled to and is the foundation of all modern human rights legislation.

European Convention on Human Rights 1950

In a follow up to the UN convention, this convention was drawn up by the Council of Europe to bring many of the rights and freedoms named in the Universal Convention of 1948 into the law of member states.

After being ratified by the UK Government in 1951 the European convention of Human Rights could be used in a court of law in this country.

1966 – UK joins the European Court of Human Rights

Following the creation of the European Court of Human Rights in 1960, the UK Government passed a petition allowing citizens to take their cases directly to the European Court of Human Rights.

1975/1976 Sex Discrimination Act & Race Relations Act

The Sex Discrimination Act 1975 and Race Relations Act 1976 added further legal protections to make discrimination in employment, education, housing, and other societal areas based on sex or race illegal in the UK.

Human Rights Act 1998

The largest and most important piece of legislation in the history of human rights in the UK.

It contains 16 total rights, each referred to by separate articles within the act. These are as follows:

• Right to life (Article 2)
• Right not to be tortured or treated in an inhuman or degrading way (Article 3)
• Right to be free from slavery and forced labour (Article 4)
• Right to liberty and security (Article 5)
• Right to a fair trial (Article 6)
• Right not to be punished for something which wasn’t against the law when you did it (Article 7)
• Right to respect for your private and family life, home and correspondence (Article 8)
• Right to freedom of thought, belief and religion (Article 9)
• Right to freedom of expression (Article 10)
• Right to freedom of assembly and association (Article 11)
• Right to marry and start a family (Article 12)
• Right not to be discriminated against in relation to any of the rights and freedoms listed here (Article 14)
• Right to peaceful enjoyment of possessions (Article 1, Protocol 1)
• Right to education (Article 2, Protocol 1)
• Right to free elections (Article 3, Protocol 1)
• Abolition of the death penalty (Article 1, Protocol 13)

The civil and political rights of all people living in Scotland are protected by the Human Rights Act 1998 to this day and as one of Scotland’s largest human rights law firms, this is a piece of legislation that we know inside and out.

The Human Rights Act 1998 incorporated the rights, freedoms and liberties in the European Convention into UK and Scottish law, meaning UK residents can now have their human rights violations cases directly to UK courts without having to take a trip to Strasbourg.

The Equality Act 2010

Rather than introducing new protections into UK law, the Equality Act 2010 brought together over 116 separate pieces of legislation into a single act that is easier to interpret and use. This simplification was designed to make it easier to create a fair and equal society, and continues to be fundamental in our battle to achieve just that.

The pieces of legislation that were merged under the equality Act included:

• Equal Pay Act 1970
• Sex Discrimination Act 1975
• Race Relations Act 1976
• Disability Discrimination Act 1995
• Employment Equality (Religion or Belief) Regulations 2003
• Employment Equality (Sexual Orientation) Regulations 2003
• Employment Equality (Age) Regulations 2006
• Equality Act 2006, Part 2
• Equality Act (Sexual Orientation) Regulations 2007

The history of human rights in the UK is long, complicated, and continues to evolve to this day. Many thousands of books could, and have, been written on the subject and it would be impossible to cover the entire topic in this single short blog.

However, we hope you know have a better understanding of some of the most important pieces of legislation that have formed the foundation of the society we now live in and the rights that each and every human deserves.

At Aamer Anwar & Co, we have been fiercely protecting the human rights of the Scottish people for many years and are committed to doing so for many more years and decades to come.

Having your human rights violated is incredibly distressing, and you deserve the best possible legal representation to ensure that justice is served.