Human Rights Act Learning Disabilities

1 A Guide to the Human Rights ActA booklet for people with Learning DisabilitiesIllustrations by CHANGEP icture BankHumanRightsHumanRightsThis booklet, ..1 Some new words ..1 Using the Human Rights Act ..3 What does the Act mean for you? ..3 Can any of your Rights be interfered with? ..4 Your Rights ..4 Right to life ..5 Stopping torture ..5 Stopping slavery and forced labour ..6 Right to freedom and security ..6 Right to a fair trial ..7No punishment without law ..7 Respect for private and family life ..8 Freedom of thought, belief and religion ..8 Freedom of expression ..9 Freedom of assembly and association ..9 Right to marry ..10 What s insideStopping discrimination ..10 Protection of property ..11 Right to go to school or college ..11 Right to free elections ..12 Getting rid of the death penalty ..12 Does the Human Rights Act change my Rights ?

2 13 Does the Act change how public organisations behave?13 Can I use the Act against someone else? ..14 Does the Act really change anything? ..15 What does the Act mean for democracy? ..15 Can the Human Rights Act please everyone? ..15 What does the Act mean for our courts? ..16 Can the courts change Parliament s decisions? ..16 What about scotland , Wales and Northern Ireland? ..16 How can I find out more? ..17 The Community Legal Service ..18 The Equality and Human Rights Commission ..18e the booklet?This bookletThis booklet is a first step to understanding whatthe Human Rights Act means to you. We have usedexamples from everyday life - from your work,supported housing, day services or dealing withyour local the end of the booklet are addresses and phonenumbers where you can find out new wordsRightsA right is something you are allowedto do. TheGovernment and all your public services mustrespect your Rights .

3 Some Rights , like the right to life, can never betaken away. Other Rights , like the right to freespeech, might have to be balanced because of therights of Human Rights ActThis 1998 law brings the Rights from the EuropeanConvention on Human Rights into UK law. Page 1 European Convention on Human Rights (ECHR)This is an agreement passed by the Council ofEurope. This is a group of countries, which cametogether after the Second World War to stop suchterrible acts happening again. It has its own Court of Human RightsinStrasbourg. You can go to this court to claim yourrights under the Convention. You can use the courtsin this country, government is the ruling power in a country. It haspower to make laws, to tax people , and to makeother decisions that affect is a type of government where electionsareheld and people and parties try to get votesto winpower so they can make decisions.

4 The people whoare voted in to parliament in Britain are calledMembers of Parliament(MP s). They then makedecisions about things like taxes, schools, hospitalsand other things in that country. Page 2 RightsUsing the Human Rights Act This booklet tells you about the Human Rights Act helps us look after our Rights in thiscountry. You may never need to use the Act. But, ifpeople are not respecting your Rights , there issomething you can do about does the Act mean for you?1It is against the lawfor a public organisation(like a government department, council or thepolice) to ignore your Rights , unless there is alaw which means that it couldn'tact differently. 2 Rights cases can now be dealt within a UKcourt or tribunal. Before the Act, anyone who feltthat their Rights had been ignored had to go tothe European Court of Human Act says that all UK lawshould fit with theConvention Rights .

5 If a court says that a lawdoesn't fit, it will be up to Parliament to decidewhat to 3 Page 4 Can any of my Rights be interfered with?Yes. Most of the Rights in the Human Rights Acthave limits. This is to stop them unfairly damagingthe Rights of has Rights . Your Rights are important. Butso are everyone else's. We all have to accept limitson our Rights to make sure other peopleare rightsThere are 16rights in the Human Rights Act. Eachone is called an Article. They are all taken from theEuropean Convention on Human Rights . They affectbig issues. Things to do with life and from being tortured or killed. They are alsoabout your Rights in everyday life. What you can sayand do. Your beliefs. Your right to freedom might have to be limited if youhave broken the law. Also your right to free speechcannot mean the freedom to shout 'Fire!' in a crowdedhall, when there isn't !Privacy!

6 RightsARTICLE 2 Right to lifeYou have the right to have your life protected bylaw. There are very few times when the State cantake away someone's life - like if a police officershoots someone to stop him blowing up a bomband killing 3 Stopping tortureYou have the rightnot to be tortured or hurt in cruelways. Nobody should hit or hurt you - even if they say youhave behaved have the right not to worry that the government orpolice might take your life , if you have a family member who dies while lockedup, the State must have an inquiry into what wentwrong. Page 5 UUARTICLE 4 Stopping slavery and forced labourYou have the rightnot to be treated as a slave orforced to do certain kinds of 5 Right to freedom and securityYou have the right to freedom. You should not bearrested or locked up without a good reason, forinstance if the police have reason to think you havedone something criminal.

7 If you are arrested, thepolice must bring you before a court. Nobody should lock you in or stop you going out exceptwhen the law says they 's not fair for care staff to lock you in your room, evenif they're angry with how you have behavedPeople can't make you work for free. You should getpaid for the work you 6 DARTICLE 6 Right to a fair trialWhere your private Rights are involved (like whensomeone says you owe them money), you have therightto have your side of an argument heard. Thetrial must be independent and fair. It has to be inpublic. It has to be heard fairly and is true for criminal cases are innocentuntil you are provedguilty. Youhave the right to defend yourself, to get legal helpand to be told clearly about the case against 7 No punishment without lawNormally, you can'tbe found guilty of a crime forsomething you did which was not against the lawwhen you did it.

8 You can't be made to stay longer injail just because the punishment for your crime ismade longer when you are in can only be found guilty of a crime if it was againstthe law when you did can say you are guilty of a crime unless a courtsays 7 Page 8 ARTICLE 8 Respect for private and family LifeYou have the rightto respect for your private andfamily life, your home, your letters and emails. ARTICLE 9 Freedom of thought, religion and beliefYou are freeto believe what you like. Other peopleshould not tell you what to believe. These beliefsmay be part of your public organisation can change this unless the lawsays they can and there is a very serious reason - liketo protect the Rights of should be able to believe the ideas which youthinkare right. And if you want to go to church, the temple ormosque, nobody can stop you. If you don'twant to go,that's your right as should be safe at home and have time to shouldn't read your letters or listen to phone callsunless the law says they can and they need to for agood reason, for example, to stop a 10 Freedom of expressionYou have the right to hold ideas and have your say- even if other people don't like your views.

9 Andyou have the right to read books and newspapers, ifyou want 11 Freedom of assembly and association You have the rightto get together with other peoplein a peaceful way. You have the right to join could be times when this right may be restrictedto stop crime or for the protection of the Rights andfreedoms of others. But this can only be done if it isreally needed. The police cannot interfere with yourrights more than is can have your say by going on a demonstration -about the things you think are right must be balanced against other peoples' Rights and may be changed for reasons like publichealth or should be able to say and read what you like - aslong as you respect other 9 Page 10 ARTICLE 12 Right to marryYou have the rightto marry and start a family. Thelaw in this country says how and at what age this canhappen. ARTICLE 14 Stopping discriminationEveryonemust have equal Rights .

10 You should notbe treated unfairly because of your:JRace JReligion JSexJAge JPolitical viewsJDisabilityJOr anything elseYou should be able to get married and have children -even if your family or staff worry about you doing should treat you badly because of being awoman or man, black or white, young or old, disabledor not, or a Sikh, Muslim, Hindu, Jew or Christian. Youhave the right to be treated fairly - like everyone to the ConventionARTICLE 1 OF PROTOCOL 1 Protection of propertyYou have the rightto enjoy the things you organisations cannot interfere with things youown or the way you use 2 OF PROTOCOL 1 Right to go to school or collegeYou have the rightto use schools and should have the same chance as everyone else togo to school or college to learn the things should take your money or things away fromyou - even if they feel you've done something money is yours - even if you need help to lookafter 11 ARTICLE 3 OF PROTOCOL 1 Right to free electionsElections for Parliament must be free and fair.