In brief
Human Rights Act

The Human Rights Act came into force in England and the UK on 2 October 2000, and will apply to decisions made on or after that date. The Act brings into law most of the provisions of the European Convention on Human Rights. This includes provisions ('articles') that give rise to, for example: the right to a fair trial (Article 6); the right to respect for private and family life and home (Article 8); the protection of property (Protocol 1, Article 1) and the prohibition of discrimination (Article 14).

From 2 October all UK legislation will, as far as possible, have to be interpreted in a way which is consistent with the Act and people will no longer have to bring an action before the Court of Human Rights (in Strasbourg) if they are seeking to rely on the provisions of the Convention.

The Human Rights Act will apply to social security legislation, where CPAG has a proven track record in bringing test cases to highlight injustice and to improve the incomes of people living in poverty. Legal challenges, even when unsuccessful, can highlight an injustice and be a catalyst for changes in policy. We are currently taking a case before the Court of Human Rights in which a widower is challenging benefit rules which deny men the equivalent of widows' benefits. Although the Government accepts that current benefit rules discriminate against men and their children, new rules reversing the discrimination will not come in before next April. We hope to take more cases under the Human Rights Act after October.

The Human Rights Act is an important milestone and, if used responsibly, will improve the lives of many people. There is some danger, however, that in the enthusiasm to make use of new rights-based legislation to improve the situation of those living in poverty and to correct some of the inequalities in our society, the Act could be brought into disrepute by a multitude of unrealistic legal challenges. There are many 'rights' the Act does not provide and many circumstances, such as 'in the public interest' or in the interest 'of the economic wellbeing of the country', where rights under the Act may not be extended in an individual case. Whilst we should recognise its potential for tackling discrimination and the abuse of power, the Act will not deliver social justice. There is no provision giving a right to a basic income or a home, or a right for children to grow up free from poverty and deprivation.

CPAG would like to see the Government extend rights legislation to tackle the root causes of social injustice and inequality. It should build on its commitment to tackling social exclusion and ending child poverty by establishing a right to a minimum income, to equal access to good health care and to education. The UK has, for example, signed the UN Convention on the Rights of a Child. Whilst the Government has stated its commitment to the Convention, it does not have the force of law.

The new legislation needs to be tested and its boundaries continually challenged, but we should also be realistic about what the Human Rights Act alone can achieve.

Poverty 107, Autumn 2000