Human Rights Act 1998 Flashcards
What is the Human Rights Act 1998?
This Act applies to all ‘public authorities’. A public authority is an organisation that has a public function, e.g. all kinds of care homes, hospitals and social services departments. Through a series of ‘articles’ the Act sets out rights to which everyone is entitled
What does ‘Right to life’ mean?
Care providers have a legal responsibility to provide medication and treatment to preserve life (permission to turn off life support machines must be sought through the courts)
What does ‘Right to respect, privacy and family life’ mean?
Privacy can be maintained by not discussing personal information/care needs about a service user in front of others, respect maintained by consulting patients about their treatment
What does ‘Right to liberty and security’ mean?
Individuals cannot be detained or deprived of their freedom unless they have committed a serious crime or they have been assessed under the Mental Health Act as being a danger to themselves or others
What does ‘Right to freedom from discrimination’ mean?
People have a right to not be discriminated against as a result of their differences (e.g. age, gender, sexual orientation, etc.)
What does ‘Right to freedom of expression’ mean?
People have a right to their own opinions and should be able to express these (i.e. they should be able to make their own choices)
What does ‘Right to freedom of thought, conscience and religion’ mean?
People are entitled to hold their own beliefs and practice their faith and these beliefs should be respected by others (even if they hold differing beliefs)
What are other examples of rights that individuals are entitled to?
- Right to a fair trial
- Freedom from torture and degrading treatment
- Freedom from slavery and forced labour
- Right to marry and start a family
- Right to an education
- Respect for you private and family life
EXAMPLE QUESTION:
Hasima is a 14 year old student, who attends secondary school. Her school has sent a letter informing her parents that Hasima is not allowed to wear her Hijab to school, following a change of school policy that bans all forms of headwear
Which aspects of the human rights act are the school in breach of?
The school restricting how she dresses is in breach of her right to freedom of religion as she wears a Hijab as part of her faith. She is experiencing indirect discrimination based on her religious and cultural beliefs, which also is in breach of her basic human rights
