PART VII
THE INDIVIDUAL AND THE STATE
36 The
Bill of Rights[838]
(1) Right to Life. -- (a) Everyone's right
to life shall be protected by law.
(b) No one shall be deprived of life intentionally.
(c) Deprivation of life shall not be regarded
as inflicted in contravention of this Article when it results
from the use of force which is no more than absolutely necessary
-
(i) in defence of any person from unlawful violence;
or
(ii) in action lawfully taken for the purpose
of quelling a riot or insurrection.
(d) No one shall be condemned to death or executed.
(2) Freedom from Torture. -- No one shall
be subjected to torture or to cruel, inhuman or degrading treatment
or punishment.
(3) Freedom from Slavery and Forced Labour.
-- (a) No one shall be held in slavery or servitude.
(b) No one shall be required to perform forced
or compulsory labour.
(c) For the purpose of this Article, the expression
'forced or compulsory labour' does not include -
(i) any work required to be done in the ordinary
course of detention according to Article 5 or during conditional
release from such detention;
(ii) any service of a military character or,
in case of conscientious objectors, service exacted instead of
compulsory military service;
(iii) any service exacted in case of an emergency
or calamity threatening the life or well being of the community;
(iv) any work or service which forms part of
normal civic obligations.
(4) Freedom and Security of the Person.
-- (a) Everyone has the right to liberty and security of the person.
(b) No one shall be deprived of their liberty
except, on reasonable grounds and in accordance with fair procedures
established by law, in the following cases -
(i) the lawful detention of a person after conviction
by a competent court;
(ii) the lawful arrest or detention of a person
for non-compliance with the lawful order of a court or in order
to secure the fulfilment of any obligation prescribed by law;
(iii) the lawful arrest or detention of a person
effected for the purpose of bringing them before the competent
legal authority on reasonable suspicion of having committed an
offence or when it is reasonably considered necessary to prevent
their committing an offence or fleeing after having done so;
(iv) the lawful detention of persons for the
prevention of the spreading of infectious diseases constituting
a serious threat to public health, or of persons suffering from
mental disorder where necessary for the prevention of harm to
themselves or others;
(v) the lawful arrest or detention of a person
to prevent their effecting an unauthorised entry into the United
Kingdom or of a person against whom action is being taken with
a view to deportation or extradition.
(c) Anyone who is arrested shall, at the time
of arrest, be informed in a language which they understand of
the reasons for their arrest and shall be promptly informed of
any charges against them.
(d) It shall not be the general rule that persons
awaiting trial shall be detained in custody.
(e) Anyone arrested or detained on a criminal
charge shall be brought promptly before a judge or other officer
authorised by law to exercise judicial power and is entitled to
trial within a reasonable time or to release pending trial. Release
may be subject to guarantees to appear for trial or at any other
stage of the judicial proceedings.
(f) Anyone who is deprived of liberty by arrest
or detention is entitled to take proceedings before a court in
order that the court may decide without delay on the lawfulness
of the detention and may order their release if the detention
is not lawful.
(g) Anyone who has been the victim of unlawful
arrest or detention has an enforceable right to compensation.
(h) All persons deprived of their liberty shall
be treated with humanity and with respect for the inherent dignity
of the human person.
(i) Accused persons in detention shall, save
in exceptional circumstances, be segregated from convicted persons
and shall be subject to separate treatment appropriate to their
status as people who have not been convicted.
(j) Accused juvenile persons in detention shall
be separated from adults and brought as speedily as possible for
adjudication.
(k) Juvenile convicted persons shall be separated
from adults and accorded treatment appropriate to their age and
legal status.
(l) No one shall be imprisoned merely on the
ground of inability to fulfil a contractual obligation.
(5) Right to Fair and Public Hearing.
-- (a) In the determination of their civil rights and obligations
or of any criminal charges against them, everyone is entitled
to a fair and public hearing within a reasonable time by an independent
and impartial tribunal established by law.
(b) Judgment shall be pronounced publicly but
the press and public may be excluded from all or any part of the
trial to the extent strictly necessary in the opinion of the court:
(i) in the interests of public order or national
security in a democratic society;
(ii) where the interests of juveniles or the
protection of the private life of the parties so require; or
(iii) where publicity would prejudice the interests
of justice.
(c) Everyone charged with a criminal offence
is presumed innocent until proved guilty according to law.
(d) Everyone charged with a criminal offence
has the following minimum rights:
(i) to be informed promptly in a language
which they understand and in detail of the nature and cause of
the accusation against them;
(ii) to have adequate time and facilities for
the preparation of their defence;
(iii) to defend themselves in person or through
legal assistance of their own choosing or. if they have not sufficient
means ) to pay for legal assistance, to be given it free when
the interests of justice so require;
(iv) to examine or have examined witnesses against
them and to obtain the attendance and examination of witnesses
on their behalf under the same conditions as witnesses against
them;
(v) to have the free assistance of an interpreter
if they cannot understand or speak the language used in court;
(vi) not to be compelled to testify against themselves
or to confess guilt.
(e) When a person has, by a final decision,
been convicted of a criminal offence and has suffered punishment
as a result of such conviction, and it is subsequently shown that
there has been a miscarriage of justice, that person shall be
compensated according to law.
(f) Everyone convicted of a crime has the right
to have their conviction and sentence reviewed by a higher tribunal
according to law.
(g) No one is liable to be tried or punished
again for an offence for which they have already been finally
convicted or acquitted in accordance with the law and penal procedure.
(6) Retrospective Offences Prohibited.
-- (a) No one shall be held guilty of any criminal offence on
account of any act or omission which did not constitute a criminal
offence under national or international law at the time when it
was committed.
(b) Nor shall a heavier penalty be imposed than
the one that was applicable at the time the criminal offence was
committed.
(c) This Article does not prejudice the trial
and punishment of any person for any act which constitutes the
crime of genocide or a crime against humanity.
(7) Respect for Private and Family Life.
-- (a) Everyone has the right to respect for their private and
family life, their home and their correspondence.
(b) There shall be no interference with the exercise
of this right except such as is in accordance with the law and
is necessary in a democratic society -
(i) in the interests of national security or
public safety; or
(ii) for the prevention of disorder or crime;
or
(iii) for the protection of health or morals;
or .4 for the protection of the rights and freedoms of others.
(8) Freedom of Thought. -- (a) Everyone
has the right to freedom of thought, conscience and religion.
(b) This right includes freedom to change one's
religion or belief, and freedom, either alone or in community
with others and in public or private, to manifest one's religion
or belief in worship, teaching, practice and observance.
(c) Freedom to manifest one's religion or belief
is subject only to such limitations as are prescribed by law and
are necessary in a democratic society -
(i) in the interests of public safety; or
(ii) for the preservation of public order; or
(iii) for the protection of health or morals;
or
(iv) for the protection of the rights and freedoms
of others.
(d) No law shall be made establishing any religion
or imposing any religious observance.
(e) No religious test shall be required as a
qualification for any office of public trust under any government
in the United Kingdom.
(9) Right to Education. -- (a) No person
shall be denied the right to education.
(b) In the exercise of their functions in relation
to education and teaching, public authorities shall respect the
right of parents to ensure such education and teaching in conformity
with their own religious and philosophical convictions, so far
as is compatible with the provision of efficient instruction and
training and the avoidance of unreasonable public expenditure.
(10) Freedom of Expression. -- (a) Everyone
has the right to hold opinions without interference.
(b) Everyone has the right to freedom of expression.
This right includes freedom to seek, receive and impart information
and ideas of all kinds regardless of frontiers, either orally,
in writing or in print, in the form of art, or through any other
media of their choice.
(c) The exercise of this right carries with it
special duties and responsibilities. It may therefore be subject
to certain restrictions, but only such as are provided by law
and are necessary in a democratic society -
(i) for respect of the rights or reputations
of others; or
(ii) for the protection of national security
or of public order or of public health or morals.
(d) A requirement by law that radio or television
broadcasting, or cinema enterprises, must be licensed is not inconsistent
with this Article.
(11) Freedom of Assembly and Association.
-- (a) Everyone has the right to freedom of peaceful assembly
and to freedom of association with others, including the right
to form and to join trade unions.
(b) No restriction shall be placed on the exercise
of these rights other than such as are prescribed by law and are
necessary in a democratic society -
(i) in the interests of national security, public
safety or the preservation of public order; or
(ii) for the protection of public health or morals;
or
(iii) for the protection of the rights and freedoms
of others.
(c) This Article does not prevent the imposition
of restrictions prescribed by law and necessary in a democratic
society on the exercise of this right by members of the Armed
Forces or of the police or by persons charged with the administration
of the state.
(12) Rights in Respect of Marriage. --
(a) Everyone of marriageable age has the right both to marry and
to found a family.
(b) No marriage shall be entered into without
the free and full consent of the intending spouses.
(c) Spouses have equality of rights and responsibilities
as to marriage, during marriage, and at its dissolution.
(d) In the case of dissolution, provision shall
be made for the necessary protection of any children.
(e) Every child has the right to such measures
of protection as are required by their status as a minor, on the
part of their family, society and public authorities.
(13) Right to Enjoyment of Possession.
-- (a) Every natural or legal person is entitled to the peaceful
enjoyment of their possessions.
(b) No one shall be deprived of their possessions
except in the public interest and subject to the conditions provided
for by law and to prompt, adequate and effective compensation.
(c) This Article does not in any way impair the
right to enforce such laws as may be necessary to control the
use of property in accordance with the general interest or to
secure the payment of taxes or other contributions or penalties.
(14) Right to Participate in Public Life and
Service. -- Every adult citizen has the right and the opportunity,
without unreasonable restrictions -
(a) to take part in the conduct of public affairs
directly or through freely chosen representatives;
(b) to vote and to stand for election at genuine
periodic elections, which shall be by universal and equal suffrage
and shall be held by secret ballot, guaranteeing the free expression
of the will of the people;
(c) to participate, on general terms of equality,
in public service.
(15) Freedom of Movement. -- (a) Everyone
lawfully within the United Kingdom has the right of liberty of
movement and freedom to choose their residence within the United
Kingdom.
(b) Everyone is free to leave the United Kingdom,
and everyone holding British nationality is entitled to a passport.
(c) No restrictions shall be placed on the exercise
of the rights set out in this Article other than such as are in
accordance with law and are necessary in a democratic society
-
(i) in the interests of national security, public
safety or the preservation of public order; or
(ii) for the prevention of crime or under an
order imposed by a court on conviction of crime; or
(iii) for the protection of health; or
(iv) for the protection of the rights and freedoms
of others.
(d) The rights set out in paragraph (a) may also
be subject, in particular areas, to restrictions imposed in accordance
with law and justified by the public interest in a democratic
society.
(16) Freedom from Expulsion from the United
Kingdom. -- (a) No British national shall be expelled from
the United Kingdom or deprived of the right to enter the United
Kingdom.
(b) Other persons may be expelled from the United
Kingdom only in pursuance of a decision reached in accordance
with law.
(c) Any persons who have been lawfully admitted
to the United Kingdom shall be allowed, prior to expulsion,
(i) to submit reasons against expulsion; and
(ii) to have their cases reviewed by, and be
represented for the purpose before, the competent authority or
a person or persons especially designated by the competent authority.
(d) This Article does not prevent the extradition
of persons, through established legal procedures, for the purpose
of standing trial for a criminal offence or serving a sentence
lawfully imposed on them in another jurisdiction.
(17) Right of Asylum. -- (a) Every person
has the right to seek and be granted asylum in the United Kingdom
in accordance with the law of the United Kingdom and international
conventions, if they are being pursued for political offences.
(b) In no case may an alien be deported or returned
to a country, regardless of whether or not it is their country
of origin, if in that country their right to life or personal
freedom is in danger of being violated because of their race,
nationality, religion, social status, or political opinions.
(18) Equality. -- (a) Everyone has the
right to recognition as a person before the law.
(b) All persons are entitled without any discrimination
to the equal protection of the law.
(c) The equal protection of the law, and the
enjoyment of the rights and freedoms set out in this Bill of Rights,
shall be secured without discrimination on any ground such as
sex, race, colour, language, religion, political or other opinion,
national or social origin, association with a national minority,
property, birth, homosexuality, disability, age, or other status.
Application, Interpretation, and Remedies
(19) The Bill of Rights applies to any act or
omission by or on behalf of any person or body in the performance
of any public function, including an omission by Government to
take appropriate steps to secure compliance with any provision
of the Bill of Rights.
(20) Where the protection of any right or freedom
by the Bill of Rights is subject to any restriction or qualification,
that restriction or qualification -
(a) has no wider effect than is strictly necessary
in the circumstances; and
(b) shall not be applied for any purpose other
than that for which it has been prescribed.
(21) In the interpretation of the Bill of Rights,
judicial notice shall be taken of -
(a) the International Covenant on Civil and Political
Rights and the European Convention on Human Rights;
(b) reports and expressions of views by the United
Nations Human Rights Committee;
(c) judgments and advisory opinions of the European
Court of Human Rights.
but without prejudice to any rights and freedoms
protected by the Bill of Rights which are more extensive than
those protected by the International Covenant or the European
Convention.
(22) Nothing in the Bill of Rights shall be interpreted
as implying for any group or person a right to engage in any activity
or perform any act aimed at the destruction of any of the rights
and freedoms set out therein.
(23) Without prejudice to any right to apply
for judicial review, any person whose rights or freedoms protected
by the Bill of Rights have been infringed or are threatened with
infringement may bring civil proceedings for damages, an injunction
or any other relief authorised by Rules of Court
37 Equality
and Human Rights Commission
(1) There shall be a Commission, or office of
Commissioner, to uphold and promote the Bill of Rights in England
and Wales, in Scotland, and in Northern Ireland, collectively
referred to herein as "the Commission".[839]
(2) An Act of Parliament or a devolved Parliament
or Assembly shall make provision for the name, composition, membership,
appointment, and resources of the Commission.
(3) The Commission shall have a general duty
to encourage an understanding of, and compliance with, the Bill
of Rights, and in pursuance thereof -
(a) may prepare and publicise guidelines for
the avoidance of acts or practices inconsistent with the Bill
of Rights by public authorities or other bodies providing services
to the public;
(b) may inquire into or investigate any act or
practice which may be inconsistent with the Bill of Rights, whether
on its own initiative or following a complaint;
(c) may intervene in any legal proceedings that
involve human rights issues, where it considers it appropriate,
and with the leave of the court hearing the proceedings;
(d) may challenge the validity of any provision
of an Act of Parliament or of a devolved Parliament or Assembly
that, in its view, is inconsistent with or in contravention of
the Bill of Rights, by initiating legal proceedings in the High
Court, the Court of Session or the High Court for Northern Ireland,
as the case requires;
(e) shall submit annual reports on its work to
Parliament the Minister of Justice and appropriate committee or
committees in Parliament with responsibility for human rights.
(4) The legislation making provision for the
Commission shall grant it appropriate powers to secure the attendance
of witnesses and the production of documents; and
(5) Nothing in this Article prevents a Commission
or Commissioner being established for the whole of the United
Kingdom, or for two of the territories combined of England and
Wales, Scotland, and Northern Ireland; but where separate bodies
are established they shall be under a general duty to co-operate
wherever possible and necessary to the performance of their functions.
38 Social
and Economic Rights
(1) In making provision for the social and economic
welfare of the people of the United Kingdom, Parliament and the
devolved Parliament and Assemblies shall be guided by the following
principles -
(a) the right of workers to earn their living
in an occupation freely entered upon;
(b) the right of everyone to an adequate standard
of living, including adequate food, clothing and housing;
(c) the right of everyone to social security;
(d) the right of everyone to the enjoyment of
the highest attainable standard of physical and mental health;
(d) the right of everyone to education;
(e) the right of workers to resort to collective
action in the event of a conflict of interests, including the
right to strike;
(f) the right of every worker to enjoy satisfactory
health and safety conditions in their working environment.
(2) Parliament and the Assemblies of Scotland
and Northern Ireland shall -
(a) secure that the working of the legal system
promotes justice on the basis of equality of access; and
(b) in particular, provide by law for legal aid
and services to ensure that no one is prevented from securing
justice by reason of economic or other disabilities.
(3) The provisions of this Article are not enforceable
in any court.
39 Freedom
of Information
(1) There is right of access by the public to
the information held by any public authority performing functions
with respect to the government of the United Kingdom, to he government
of Scotland, Wales and Northern Ireland, and to local government.
(2) This right is subject only to such limitations
as are prescribed by law and are necessary in a democratic society
-
(a) for the protection of national security;
(b) in the interests of law enforcement or the
prevention and detection of crime;
(c) for the protection of personal privacy, legal
privilege or commercial processes or transactions;
(d) to enable a public service to perform its
constitutional functions or a public authority, when acting in
the capacity of regulator, contractor or employer, to perform
its functions.
(3) An Act of Parliament shall -
(a) prescribe the procedures to enable the right
of access to official information to be readily exercised and
enforced; and
(b) make provision for the appointment, functions,
powers and procedures of an Information Commissioner to promote
and enforce the right of access to official information and the
protection of personal data.
(4) Any person required by law to provide information
to a public authority shall be informed of the purposes for which
that information is required, and any information so provided
shall be used for those purposes only, unless required on grounds
of national security or for the prevention or investigation of
serious crime.
838 The rights and freedoms in this Article build on
those written for the European Convention on Human Rights (which
the UK was largely responsible for drafting in 1950, and was based
on what was regarded as the existing situation in the UK) with
some elements taken from the United Nations International Covenant
on Civil and Political Rights. See IPPR, The Constitution of the
United Kingdom, Commentary, pages 2-16. Subsection (1), right
to life, takes out the exception of war to prohibition of the
death penalty. Subsection (4) removes the exceptions in the ECHR
to allow the detention of alcoholics, drug addicts and vagrants
short of lawful arrest. "Economic wellbeing of the country"
is removed as a ground for violating personal privacy in subsection
(7), respect for private and family life. Subsections (10), freedom
of expression, and (14), right to participation in public life
and service, adopt the more robust articles of the UN International
Covenant in preference to those of the ECHR. Subsection (17) adds
a right of asylum taken from the American Convention of Human
Rights, as there is no specific provision in the ECHR or UN International
Covenant; and Subsection (18) provides a general right of equality
before the law, wider than that of the ECHR, Protocol 12. Back
839
The current equivalent bodies are the Equality and Human Rights
Commission (for England and Wales), the Scottish Human Rights
Commission, and the Northern Ireland Human Rights Commission. Back
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