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THE HUMAN RIGHTS ACT 1998. The Human Rights Act came into
force on 2 October 2000. It incorporates the European Convention
on Human Rights into U.K. law.
Rights enshrined in the Act include the right to liberty
and security, the right to a fair trial, the right to freedom
of thought, concession and religion and the right to freedom
of expression. It also prohibits discrimination. Previously,
a British Citizen who felt that their rights under the convention
had been breached by a public body would have to face the
lengthy and expensive task of persuing their claim through
the European Court of Human Rights at Strasbourg. When the
act comes into force the matter will be able to go directly
to Court in Britain. If the Court finds that the public authority
has violated the person's rights, it can award a "just
and appropriate remedy" which could include damages.
The terms of what makes up a "public authority",
have not been defined in the Act, but will include Government
Departments, local authorities, Police, prison, Immigration
Officers, public prosecutors and Courts.
The new Act protects human rights under 3 broad categories:
Fundamental Rights - for example, the right to life and the
right not to be subject to torture.
Procedural Rights - such as the right to a fair trial and
a fair hearing.
Qualified Rights - like freedom of expression, the right
to a private and family life, the right to freedom of association.
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