Human rights
Your rights: an introduction
Find links to information about your rights and responsibilities depending on your situation in life. For example, you might have different rights if you are married, if you are a parent or if you are a carer for someone who needs help.
Couples living together
Although cohabitants are given legal protection in several areas, they have significantly fewer rights and responsibilities than couples who are married or who have formed a civil partnership. There is no such thing as common law marriage or common law man and wife.
If you and your partner are living together or are thinking about living together as a couple there are issues you should consider in the event that you split up or if one of you were to die.
Married couples and civil partners
All marriages and civil partnerships need to be registered for the legal rights to come into force. This affects several areas including tax, benefits and, in the event that the marriage or partnership breaks down, your duty to provide reasonable maintenance for your partner and any children.
Check the link below for more information on rights and relationships for couples living together, married couples and civil partnerships.
Parents
Parents do not automatically have rights over their children - these depend on 'parental responsibility’. If as parents of a child you are married to each other or you have jointly adopted the child, then you both have parental responsibility. This is not automatically the case for civil partners or unmarried fathers. Mothers, whether married or not, are always deemed to have 'parental responsibility' for their children.
Victims of domestic violence
Domestic violence is not acceptable under any circumstances. Domestic violence causes physical and emotional harm and not just to you. Children can also be affected by it, even just from witnessing it.
If you are thinking about leaving an abusive relationship and are worried about your safety and that of your child, there is help available, whatever your relationship status. If you are a couple living together, whether heterosexual or same sex you have the same rights as you would do if you were married or civil partnered. Men and women both have a right to be safe in their own homes and are entitled to the same level of help, support and protection.
Employees
If you are in employed in work, even if it is part-time, temporary or fixed term you are entitled to certain rights. In some cases there may be conditions to these rights but there are processes in place to ensure you have fair treatment. Your rights cover issues such as:
age
disability
sex or gender
race or religion
sexual orientation
the length of your contract
the length of your employment
part-time work
ex-offenders
You also have responsibilities as an employee according to the terms of your contract.
Disabled people
The disabled people’s section has information about the rights of disabled people, including information about the Disability Discrimination Act and rights in relation to access to goods and services, employment, health and education.
Children and young people
Under the United Nation's Convention on the Rights of the Child (UNCRC) all children and young people aged 17 and under have certain basic human rights. These include the right to life, nationality, contact with parents and also freedom of expression and the right to have their views respected.
Older people
Certain basic rights apply more and become more relevant to you as you get older. These include rights in terms of pensions and benefits as well as your right to certain services.
Employment and work-related training
The Age Regulation Act has formalised your right to be treated fairly in employment and work-related training and not to be discriminated against because of your age. Other rights apply specifically as you approach retirement.
Carers
There are some specific rights that relate to carers. These include employment rights, the right to an assessment and receipt of direct payments.
Specifically for young carers, there is extra support available to make sure they:
do not have to carry out a regular and substantial amount of caring for a disabled person
do not take on similar levels of caring responsibilities as adults
Local authorities should ensure that the education, development and general well-being of young carers is not affected by caring responsibilities.
Human rights
Anyone who is in the UK for any reason has fundamental human rights which the government and public authorities are legally obliged to respect. These became law as part of the Human Rights Act 1998.
Human Rights Act
The Human Rights Act 1998 gives further legal effect in the UK to the fundamental rights and freedoms contained in the European Convention on Human Rights. These rights not only impact matters of life and death, they also affect the rights you have in your everyday life: what you can say and do, your beliefs, your right to a fair trial and other similar basic entitlements.
Most rights have limits to ensure that they do not unfairly damage other people's rights. However, certain rights – such as the right not to be tortured – can never be limited by a court or anybody else.
You have the responsibility to respect other people's rights, and they must respect yours.
Your human rights are:
the right to life
freedom from torture and degrading treatment
freedom from slavery and forced labour
the right to liberty
the right to a fair trial
the right not to be punished for something that wasn't a crime when you did it
the right to respect for private and family life
freedom of thought, conscience and religion, and freedom to express your beliefs
freedom of expression
freedom of assembly and association
the right to marry and to start a family
the right not to be discriminated against in respect of these rights and freedoms
the right to peaceful enjoyment of your property
the right to an education
the right to participate in free elections
the right not to be subjected to the death penalty
If any of these rights and freedoms are breached, you have a right to an effective solution in law, even if the breach was by someone in authority, such as, for example, a police officer.
Exercising your human rights
...see if the problem can be resolved without going to court
If you are in a situation in which you believe that your human rights are being violated, it's advisable to see if the problem can be resolved without going to court by using mediation or an internal complaints body.
Where you believe your rights have not been respected and you cannot resolve the problem outside court, you are entitled to bring a case before the appropriate court or tribunal in the UK. The court or tribunal will then consider your case.
Seeking legal advice
Before you decide to take any legal action is important that you seek legal advice.
The Citizens Advice Bureau may be able to help you and Community Legal Advice can put you in touch with advice providers in your area. There are also a number of Law Centres around the UK, which can offer you advice and help on a range of issues.
Her Majesty's Courts and Tribunals Service provides a leaflet, 'The Human Rights Act 1998 – Information for Court Users', which provides information on how to issue a claim for monies owed or damages under the Human Rights Act. It also sets out some important things to consider before making such an application.
Free and foreign language information about the Human Rights Act
A free guide to the Human Rights Act has been produced by the Ministry of Justice. There's also a booklet explaining the Human Rights Act in everyday terms to people with learning disabilities. Copies can be downloaded from the ministry's website, or hard copies can be ordered free of charge by calling 020 3334 3734. The guide to the act is available in English and Welsh, and versions in large print, Braille or on audio cassette are available on request.
Guides to the act in Arabic, Cantonese, English, French, Gujarati, Polish, Punjabi, Somali, Tamil, Urdu and Welsh are available via the links below.