About this factsheet

This factsheet is part of RNID's general range. It is written for deaf and hard of hearing people. We use the term deaf people to refer to deaf, deafened and hard of hearing people throughout this factsheet.

This factsheet tells you about the Human Rights Act 1998 (HRA) and how it might apply to deaf people. In this factsheet we also call the HRA "the Act".

This factsheet tells you about:

At the end of this factsheet we give you details of useful organisations that you can contact for more information.

What is the Human Rights Act?

The Human Rights Act 1998 (HRA) is the Act of Parliament that brings the European Convention on Human Rights ("the Convention") into UK law. The Convention describes a number of specific rights, for example the right to life and the right to a fair trial. These are generally referred to as "human rights".

The HRA allows people to enforce the rights given by the Convention in the UK courts. Before the HRA came into force, if people believed their human rights under the Convention had been breached, they had to go to the European Court of Human Rights in Strasbourg, France. This could take a long time and could be quite complicated.

The HRA means that the Convention now applies directly to all legislation (laws), including those Acts that came into force before 1998. The HRA also affects the way public authorities operate, and the courts have to take it into consideration when deciding cases.

What does the Human Rights Act do?

The HRA aims to protect people's human rights. It does this by saying that:

Which organisations are covered by the HRA?

The HRA applies to public authorities. These include government departments, local authorities, courts, schools, hospitals, GP surgeries, prisons and public libraries. The Act also covers any organisation that has public functions, which means that the organisation has responsibilities to the public. Organisations with public functions include the BBC and regulatory bodies such as Oftel, the telecommunications watchdog. A regulatory body is an organisation that oversees a particular sector, like telecommunications, to make sure the companies in the sector are providing consumers with value for money and good service.

The Act also covers activities that private organisations carry out for a public authority. For example, these activities could include looking after residents in a private nursing home under a contract with the local authority. The Act does not cover the activities of private companies that do not carry out any public functions.

Some organisations have a mixture of public and private functions, depending on their activities. For example, doctors in general practice would be public authorities in relation to their National Health Service (NHS) functions, but not in relation to their private clients. It is important to be clear about what activity we are looking at when considering whether the HRA applies.

How the Human Rights Act is structured

Protocols and articles

The rights in the Human Rights Act come from the Convention. The Convention has two main parts: the original treaty and the Protocols. The Protocols amend or supplement the original treaty; that is, they give additional or extra rights, or expand on the rights in the original treaty. There are a number of protocols, each of which then have their own articles; for example, Article 3 to the First Protocol. The protocol that is relevant for this factsheet is the First Protocol.

Some of the rights in the Convention are contained in the original treaty, for example the right to life which is in Article 2. Other rights are in the Protocols, for example the right to property is in Article 1 to the First Protocol.

In this factsheet, where we refer to one of the articles in the original treaty, we will refer to it simply as Article 3 or Article 6. Where we refer to one of the articles in the First Protocol, we will write it in the style "Protocol 1: Article 1". We refer to all of the rights given by any part of the Convention as "Convention rights".

In the next section, you can find out more about some of the articles and protocols in the HRA which are likely to be important for deaf people. Although each article deals with a different right, two or more of the articles can often apply to the same situation.

What the Human Rights Act covers

Article 2 - right to life

Under this Article, a public authority must do what it can to protect a person's life if the public authority is responsible for that person. Article 2 often works alongside Article 3, particularly in relation to a person's right to access healthcare.

How could this apply to me?

This Article can apply to the way that social services and healthcare services are provided to deaf people. For example, if someone was refused life-saving treatment because they were deaf, then this could be a breach of this Article. If a local authority decided to close a residential care home, which then put the life of an elderly resident at risk, then this might also be a breach of Article 2.

Article 3 - prohibition on torture

Article 3 says that "no one should be subjected to torture or to inhuman or degrading treatment". Inhuman and degrading treatment can be defined quite narrowly. Not all substandard or abusive treatment will be covered by this Article. Ill treatment will usually have to be very severe to be covered by Article 3.

How could this apply to me?

Deaf people may be bullied or insulted because of their deafness. If they are bullied by someone who works for a public authority, or if this bullying is done where the public authority could be expected to protect a deaf person from bullying, then this may be unlawful under the HRA. For example, if a social services department does not stop a resident of a care home being seriously abused, then this Article may apply. It may also cover a deaf person in prison where they are not provided with any communication support and become isolated because of this. This might also be a breach of Articles 10 and 14, and could involve issues under the Disability Discrimination Act 1995 (DDA).

Having medical treatment taken away or refused may breach Articles 2 or 3. Also, funding restrictions, or a total refusal to provide treatment or community care services because someone is deaf, may breach Articles 2 and 3. This could be a breach of community care law and could also be a breach of the DDA. For more information, see our factsheets on the DDA.

If a deaf person is handcuffed by the police or prison authorities, then this may be a breach of Article 3 if the arrest was unlawful or it was not reasonable in the circumstances to use handcuffs. This may also be a breach of Article 5.

Article 5 - right to liberty and security

Article 5 says that everyone has the right to liberty or freedom. This means that a person should not be kept by police or arrested without a good reason.

How could this apply to me?

This could be relevant if a person is being kept in a residential care home against their wishes, or if they are placed in a care home rather than being allowed to live in the community. The HRA may affect people who have mental health issues and are kept in secure conditions for their own safety.

The way that the police operate can be covered by Article 5, and may also involve Article 3. Article 5 says that anyone who is arrested has to be told as soon as possible, in a language they understand, why they have been arrested. This is an important issue for people who communicate using British Sign Language (BSL). In 2003, the UK Government recognised BSL as a language in its own right.

Article 6 - right to a fair trial

Article 6 is the right to a fair trial, and applies to criminal and civil (non-criminal) trials. Article 6 says that for both criminal and civil cases, everyone has the right to a fair hearing. A hearing is when the court or tribunal makes a decision about the case. This is supposed to take place within a reasonable time. The hearing must be in public, unless there is a good reason to restrict this, for example if the intimate details of people's private lives are being discussed, or to protect the interests of any children involved in the case. The court or tribunal must still give a reasoned judgment and do this in public.

Article 6 also says that any tribunal must be independent and impartial, and has to be properly created by law, for example the County Court or the Social Security Appeal Tribunal. This means that if you need to go to court, or someone takes you to court, the case should be dealt with without unnecessary delay by a court or tribunal that has the authority to deal with your case.

Article 6 says that each person or party in a case should have the same rights as the other side: this is called "equality of arms". For example, if someone is charged with a criminal offence, they have the right to legal advice, which must be free if they cannot afford to pay. People also have the right to ask questions of any witness and to have enough time to prepare for the case.

How could this apply to me?

One of the most important rights in Article 6 is the right to have a free interpreter if you cannot understand the language used in court. In this situation, 'interpreter' can also mean other forms of communication support, such as a lipspeaker, speech-to-text reporter or electronic notetaker, as well as a BSL/English interpreter. Although this is in the part of Article 6 that only deals with criminal trials, it can apply to civil trials as well.

Article 6 could be used alongside the DDA, as this requires courts and tribunals to make reasonable adjustments so that disabled people can properly bring and defend cases. For example, deaf people who need communication support, such as a BSL/English interpreter or lipspeaker, must have this provided free to them.

When a person is accused of a crime, they have the right to be told quickly and in a language that they understand; so, for example, a deaf person might need to be told in BSL what they are accused of. Article 6 may also give a deaf person the right to a BSL/English interpreter or other communication support when getting legal advice from a solicitor in a police station, or if they are appearing in court.

Article 6 could have an impact on courts that hold 'paper hearings' as it says that everyone has the right to an oral (spoken) hearing. A 'paper hearing' is when the court decides what action to take in a case without having any discussions, although the people or parties involved may have written to the court to give their views. An oral hearing is when the people involved in the case go to the court and there is a discussion in court with the opportunity for them to ask questions and give information.

Article 6 could also mean that the Government may have to give legal help in social security and community care hearings. And it could cover situations where it has taken a long time for the case to be heard.

Article 8 - right to respect for private and family life

Article 8 gives a person a right to respect for their privacy, private life, family life and home.

How could this apply to me?

Privacy

This includes the right for a person to access information relating to their private life. This could include access to social services records, medical records and information about health hazards and risks in a particular area. Public authorities will sometimes be able to justify why they do not provide access to these records.

Family life

The right to respect for family life could be used where a person in a residential care home is prevented from having a relationship with someone else. It could apply to deaf parents who are threatened with having their children taken away from them because the authorities think that the parents cannot take care of their children properly.

Home

The right to a home could be relevant if deaf people are being harassed by their neighbours. It could also be used if a local authority decides to close down a care home. The right to a home could apply if a person is not housed in a suitable place, or if the local authority refuses to make or allow changes to the person's home.

Article 8 could be used to challenge the actions, including a failure to act, by central or local government, for example to provide community care services or healthcare. Local authorities have duties towards disabled people, and Article 8 may be relevant to these duties. There is an overlap with the DDA, as it too covers services provided by public authorities.

Article 10 - freedom of expression

This says that everyone has the right to freedom of expression. This means that a person has the freedom to have their own opinions. Freedom of expression also includes a person's right to receive information and to give information to other people.

How could this apply to me?

The DDA requires public authorities to make sure that any information provided by them must be accessible to deaf people. This could include information held by libraries and museums: exhibitions, for example, should be accessible. Deaf people must also be able to feed back information to a public authority, for example at public meetings or MPs' surgeries. Article 10 could be used to reinforce complaints brought under the DDA.

Article 11 - freedom of assembly and association

This Article gives people the right to hold meetings, marches and demonstrations in public places. However, the group of people must be peaceful and the public authority can say that you have to get permission to hold your gathering. The public authority can also impose certain restrictions on your meeting, march or demonstration; for example if there is likely to be a serious disturbance, or to protect the rights and freedoms of other people.

How could this apply to me?

The Article may protect deaf people from unfair treatment from the police while taking part in marches and demonstrations.

Article 12 - the right to marry

This Article gives men and women a right to marry and to have a family.

How could this apply to me?

This Article might be useful for deaf people who are not treated fairly by their health authority, for example if a deaf person or deaf couple is told not to try for a baby because they are deaf.

This Article might apply if a woman is told to end her pregnancy because her baby is, or may be, deaf. It would also be relevant if a person is told that they should be sterilised because of their deafness. And this Article may protect a deaf person who is not felt to be suitable as an adoptive parent.

Article 8 can be relevant to issues under Article 12.

Article 14 - prohibition of discrimination

Article 14 says that all the Articles and the Protocols under the Convention have to be enjoyed without discrimination. This should include discrimination on the grounds of disability, including deafness.

How could this apply to me?

Article 14 is not a freestanding right. It has to be combined with one of the other Articles or Protocols. For example, a deaf person could use Article 14 combined with Article 12 if they were refused fertility treatment because of their deafness.

If a deaf person is not provided with communication support for their trial - for example a BSL/English interpreter - this could be a breach of Article 6 and could also be discrimination under Article 14 because the person is deaf. Article 14 is important because it can be used to support a claim that another Convention right has been breached.

Protocol 1: Article 1 - protection of property

This Article aims to ensure that a person's belongings are not unfairly interfered with. Article 1 guarantees a person's right to be able to enjoy their possessions, but there are two exceptions:

A person's belongings could include benefits and equipment provided for a person because of their deafness.

How could this apply to me?

This Article may be useful if the Government reduces or ends a benefit that deaf people used to receive. If a person is provided with equipment by their local social services department and then they move to another borough, they may have to give the equipment back. If the new borough does not give the person the same kind of equipment they used to have, then they may be able to use this Article to get the necessary equipment from the new borough.

In some circumstances, the rights under Article 8 may be relevant to issues affecting property under Article 1 of Protocol 1.

Protocol 1: Article 2 - right to education

This Article gives people a right to education facilities and to benefit from that education.

It is unlikely that this Article could be used by parents to insist that their child is taught in a particular language, for example in English or in BSL, or to choose a particular school, such as a mainstream or a special school. A failure to provide special facilities for special needs children may not be a failure to provide education. Cases in Strasbourg have shown that national governments are given a lot of power in this area.

How could this apply to me?

This Article combined with Article 14 may be used to protect a deaf child who is bullied at school or is not allowed to take part in school activities such as trips or sports events because they are deaf. The DDA has recently been amended to include new rights in relation to education. It may be possible to use this Article and Article 14 when bringing a case under the new DDA education rights.

Protocol 1: Article 3 - right to free elections

This Article provides the right to take part in elections, including the right to vote and stand in elections.

How could this apply to me?

It may be useful for deaf people who have difficulty accessing information about elections, perhaps because the information is not available in BSL. In some circumstances, issues covered by this Article may also be affected by the rights under Articles 10 and 14, for example the accessibility of information.

Limits of the Human Rights Act

If a human rights case goes to court, the court has a number of responsibilities:

Bringing cases under the Human Rights Act

The HRA is still very new in the UK, so at the moment it is difficult to say how it may affect you. However, it may make a difference to you in a number of areas. If you think that you might have a case under the HRA, you should get legal advice.

In order to bring a case under the HRA, you must be a "victim" of an unlawful act. A victim can be an individual, organisation or company. An "indirect victim" can bring a claim if they are a close relative of the victim, if they have suffered some injury as well and the "victim" is unable to proceed.

You have to bring a case within one year of the unlawful act by the public authority. The court can extend this if it thinks that is fair to do so. However, in some cases the time limit will be less than a year. For example, if the case is a "judicial review", the time limit is three months. A judicial review is where the Administrative Court examines a decision made by a public body, such as a government department. The Court will consider a number of issues, including whether the public body acted irrationally or unreasonably. It can be quite difficult to prove a case at judicial review.

Where a case is successful, a court can make any remedy that it thinks is right. This could include awarding money, ordering the public authority to do something, or to stop doing something, or just saying that the actions of the public authority are not right.

The higher courts - for example, the Court of Appeal, High Court or the Court of Session - can make a "declaration of incompatibility". This is where the court says that an Act of Parliament goes against one or more of the Convention rights. The Government can then alter the law so that it fits in with the Convention.

You can raise an issue under the HRA in any case, even if it has not been specifically brought under the Act. In all cases, all courts and tribunals have to consider the relevance of the HRA and the Convention rights. Courts and tribunals are public authorities, and so the HRA applies to them as well.

Useful organisations

It will not always be easy to understand the exact effect of the HRA or what to do about it in a particular situation. In many cases, you will need to get legal advice. Some organisations, including RNID's casework service, offer this.

Citizens Advice Bureau (CAB)

Your local CAB will give free advice. See your phonebook for your nearest CAB or you can search the Citizens Advice Bureau website (external link, opens new browser window).

The Disability Law Service (DLS)

The DLS gives free legal advice to disabled people.

DLS, 39-45 Cavell Street, London E1 2BP
Telephone: 020 7791 9800
Textphone: 020 7791 9801
Fax: 020 7791 9802
Email: advice@dls.org.uk

Law centres

The Law Centres Federation can give you the details of your local law centre. Law centres provide free advice and representation.

Law Centres Federation, 18-19 Warren Street, London W1P 5DB
Telephone: 020 7387 8570
Fax: 020 7387 8368
Email: info@lawcentres.org.uk 
Website: Law Centres Federation website (external link, opens new browser window)

Liberty

Liberty can give you free advice on the law of England and Wales.

Liberty, 21 Tabard Street, London SE1 4LA
Telephone: 0845 123 2307
Open Monday and Thursday, 6.30pm to 8.30pm and Wednesday, 12.30pm to 2.30pm
Website: Liberty website (external link, opens new browser window)

Further information from RNID

RNID Casework Service

The RNID Casework Service can tell you more about the Human Rights Act. It provides information and advice to the public and professionals on the DDA in relation to employment, education and the provision of goods, services and facilities. It also provides information and advice in relation to welfare rights.

RNID Casework Service, 19-23 Featherstone Street, London EC1Y 8SL
Telephone: 0808 808 0123
Textphone: 0808 808 9000
Fax: 020 7296 8199
Email: caseworkteam@rnid.org.uk

RNID Information Line

The RNID Information Line offers a wide range of information on many aspects of deafness and hearing loss. You can contact us for printed copies of this factsheet and the full range of our information factsheets and leaflets.

RNID Information Line, 19-23 Featherstone Street, London EC1Y 8SL
Telephone: 0808 808 0123
Textphone: 0808 808 9000
Fax: 020 7296 8199.
Email: informationline@rnid.org.uk