Questions about human rights

New law in force

The Equality Act came into force on 1 October 2010. Some of the information on this page may be out of date.

Q: What are human rights? Am I entitled to them as a young person?

'Human rights' are the basic rights and freedoms that belong to every person in the world.

Ideas about human rights have evolved over many centuries. But they achieved strong international support following the Holocaust and World War II. To protect future generations from a repeat of these horrors, the United Nations adopted the Universal Declaration of Human Rights in 1948.

Until recently, people in the United Kingdom had to complain to the European Court of Human Rights in Strasbourg if they felt their rights under the European Convention had been breached.

However, the Human Rights Act 1998 made these human rights part of our domestic law, and now courts here in the United Kingdom can hear human rights cases. Find out more about how human rights work

Q: I am 20 years old and a single parent who has come to England from Somalia. I have just been given a council house on an estate that is nearly all white people and there is a gang of youths that is giving me and my little girl a really hard time. They hang around outside and jeer at me when I go out. They have also threatened to break my windows and set fire to the house when we are asleep. I'm very frightened but the Housing Officer say I'm lucky to have a house of my own and won't do anything. Should the council find me somewhere else to live?

A: The Human Rights Act applies to public bodies carrying out their functions which can include housing authorities. If your local housing authority or housing association has been responsible for finding you housing, then under Article 8, you have the right to enjoy your home peacefully.

The council should take steps to ensure you are not subjected to poor treatment which has the effect of making your home life intolerable. If such steps have been taken and haven't eliminated the problem, then the council may even have to consider re-housing you, particularly if your life is being endangered.

Read more information about human rights.

Do I have any rights in this case particularly as a black person?

A: It is unlawful for someone to discriminate against you on racial grounds. The law defines racial grounds as including race, colour, nationality or ethnic or national origins.

You are protected from race discrimination in education, looking for work, in employment, when you use services and in the provision of housing.

Read more information about race discrimination.

See also questions about bullying, harrassment and hate crime and questions about feeling safe.

Q: Can I use the Human Rights Act against the people bullying me at school/college?

A: Action under the Human Rights Act can only be taken against ‘public authorities’. This means that you cannot use it to take action against individuals.

Under the ‘Rights of the Child’, pupils have the right to be educated in an atmosphere which is free from fear. Head teachers and others responsible for running schools have a duty to do all that they reasonably can to protect pupils in their charge from intimidation, assault or harassment.

Education providers in England and Wales have a responsibility to tackle bullying in all forms under the Education Act 2002 and are required to put in place an anti-bullying policy.

Local authority education departments in England and Wales are also required to produce an anti-bullying policy for their area, identifying any particular trends in the area and stating how they will support schools.

For further information on bullying go to direct.gov.uk. A list of organisations that can offer support can be found at Teachernet.

See also questions about bullying, harrassment and hate crime.

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