The Human Rights Act: Human Rights Articles

  • 1 Article 8
  • 2 What is meant by private life?
  • 3 What is meant by family life?
  • 4 Article 6
  • 5 Article 3
  • 6 Article 5

Human rights are protected by the Human Rights Act 1998 and this Act gives effect to the human rights set out in the European Convention of Human Rights. We advise our clients on a daily basis in relation to Article 8. Article 8 protects the right to respect for your family and your private life, your home and your correspondence and Article 8 is one of the rights which is protected by the Human Rights Act.

Article 8

Article 8 is a qualified right. This means that an interference with your private and family life needs to be disproportionate to constitute a breach of this right.

What is meant by private life?

Private life has a broad meaning and it covers things such as your sexuality, your body, your personal identity and forming and maintaining relationships with other people.

What is meant by family life?

Family life includes the right to have and maintain family relationships. It covers the right not to be separated from family and to maintain contact.
Family life generally applies only to familial relationships, although the courts have held in cases with unusual facts, that family life may exist between non-blood relatives. When a case comes before an Immigration Tribunal the question to the Judge will often be “Is an immigrant’s removal from the UK a disproportionate interference with their private and/or family life”.

In an immigration context the right to respect for private and family life will often be balanced against the right of the state to control immigration and protect the economic well-being of the country.

Article 6

We also advise our clients in relation to Article 6, the right to a fair trial.  Individuals have a right to a fair and public trial or hearing.

Article 3

Article 3 of the Human Rights Act is a right not to be subjected to inhumane or degrading treatment and is also widely used in the applications we make to the Home Office. Article 3 is an absolute right and cannot be breached in any circumstances. For example, withdrawal of medical care or ill-treatment from government or non-state agents can give rise to a case where you should be granted leave to remain.

Article 5

This is the right to liberty and security. Article 5 of the European Convention of Human Rights provides that everyone has a right to liberty and security of person and that no one should be deprived of his liberty save for some cases in accordance with the procedure prescribed by law. The right to liberty is not absolute and most of the Article is dedicated to a list of conditions under which a person’s liberty can lawfully be curtailed.
We argue that our clients have the right to liberty and that this should only be taken away from them in certain circumstances. Please read more about Article 5 on our website where we describe the work we do in relation to detention and bail applications.