Current position
Key legislation
What employers must do
Implications
Issues
Shared learning
More information
The ECHR outlines fundamental civil and political rights but for many years was not part of UK law. Using the ECHR usually meant taking a case to the European Court of Human Rights in Strasbourg, which was often time-consuming and expensive.
Since 2000, the Human Rights Act (HRA) has made rights from the ECHR enforceable in UK courts. This is much quicker and simpler than the old arrangement. The HRA contains 15 different sections (called “articles”) which relate to fundamental rights for everyone.
The Equality and Human Rights Commission is currently carrying out a review of the Human Rights Act as it operates within the UK.
The HRA incorporates rights under the ECHR into UK domestic law. Individuals can bring claims under the HRA against public authorities for breaches of convention rights. UK courts and tribunals are required to interpret domestic law, as far as possible, in accordance with convention rights. Previous case law may be overturned if there is a breach of convention rights and the relevant law can be re-interpreted in a way that is compatible.
Employers must take account of relevant articles within the HRA when developing policies and procedures. NHS trusts have obligations to promote and protect the human rights of their employees in a way that is compatible with the HRA, and the ECHR.
In practice this means treating individuals with fairness, respect, equality, dignity and autonomy whilst also safeguarding the rights of the wider community
when:
- developing policies and procedures
- carrying out the functions of an employer on an on-going basis.
Where NHS organisations are already advanced in their review of policies and procedures using the existing equality impact assessment (EqIA) process, they are likely to find themselves relatively well-placed if challenged under the HRA. This will be particularly true if they have undertaken EqIAs for all of the diversity strands.
The 15 articles within the HRA cover human rights across a range of areas. Some of those which might have an impact on employment and provision of healthcare services include:
- Article 6 – right to a fair trial
- Article 8 – right to respect for private and family life
- Article 9 – freedom of thought, conscience and religion
- Article 10 – freedom of expression
- Article 11 – freedom of assembly and association
- Article 14 – freedom from discrimination.
Enforcement of rights under the HRA tends to be through case law, rather than as a result of failure to adhere to any specific duty or code of practice.