The Human Rights Act 1998 applies to all public authorities. It makes it unlawful for bodies like the police, government departments, local councils etc. to violate the rights contained in the European Convention on Human Rights. The Human Rights Act does not impose duties directly on private individuals or companies unless they are performing public functions. For instance, a private security company looking after prisoners for the police will be bound by the Act.

All courts and tribunals are public authorities for the purposes of the Human Rights Act and will be under a duty to respect Convention rights - particularly the right to a fair trial.  Some rights expressed in the Human Rights Act impose positive duties on public authorities to prevent violation of rights.

 

Nelson Says: "Fight for your rights"

 

It has been argued that the Human Rights Act can also assist in some areas of private law. For example as courts and tribunals are public authorities Human Rights Act arguments could be used as a defence in Employment Tribunal actions where the employer is seeking to rely on evidence gained through surveillance of employees.

Any person who is a victim of a violation can use the Human Rights Act. A victim includes anyone directly affected by the actions - or inactions - of any public body. A victim might include a person not necessarily directly affected by the action of a public body but indirectly affected. For instance a person who is likely to be subject to surveillance by the police will be able to use the Human Rights Act even though they have not yet had their privacy interfered with. However a person who is no more affected than any other member of the public is unlikely to be able to use the Human Rights Act.

 

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