Public authorities and human rights
Here you will find out about human rights: what they are, how they are protected in law, and what public authorities need to be aware of.
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What are human rights?
The ‘Human rights’ section of the site contains details of the meaning and intention of human rights. Broadly, human rights are the internationally recognised rights that we all share. The laws that enforce human rights protect us from threats to our freedom, dignity and equality.
Read more about the rights themselves.
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Promoting and protecting human rights
Public authorities in the UK have obligations to promote and protect human rights, and all public authorities must act in a way that is compatible with the European Convention on Human Rights. This means treating individuals fairly, with dignity and respect, while also safeguarding the rights of the wider community.
The Human Rights Act 1998 makes it possible for individuals to challenge in the UK courts any actions or decisions of public authorities that they believe have violated their rights. Previously, individuals had to take such a challenge to the European Court of Human Rights. UK courts must take account of human rights in their deliberations.
The Act applies to all public authorities (such as central government departments, local authorities and NHS trusts) and other bodies performing public functions (such as private companies operating prisons). These organisations must ensure that they are acting compatibly with the Convention rights when providing a service or making decisions about individuals.
Although the Act does not apply to private individuals or companies (except where they are performing public functions), sometimes a public authority has a duty to stop people or companies abusing human rights. For example, a public authority that knows a child is being abused by its parents has a duty to protect the child from inhuman or degrading treatment.
The Act urges public authorities to apply a human rights framework to decision making across public services in order to achieve better service provision.
Applying a ‘human rights framework’ means including core human rights values, such as equality, dignity, privacy, respect and involvement in decision making, whether a public service is being delivered directly to the public or a new plan or procedure is being devised.
Public authorities must take human rights into account in their everyday work.
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Resources
The Equality and Human Rights Commission is developing resources to help public authorities to understand and promote human rights.
The British Institute of Human Rights has produced useful guides in this area.
The Ministry of Justice has produced further material for public authorities, including Human Rights: Human Lives. A Handbook for Public Authorities.
The following resources are available to help public authorities understand and fulfil their obligations under the Human Rights Act 1998 and integrate human rights into their everyday work:
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