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The fundamental human rights in the UK are derived from international human rights standards and are protected under the Human Rights Act 1998, which incorporates the rights and freedoms set out in the European Convention on Human Rights (ECHR) into UK law. Here are some key fundamental human rights recognized in the UK:

Right to Life (Article 2): Every individual has the right to life, and the government has a duty to protect this right by ensuring the safety and security of its citizens. Everyone's right to life shall be protected by law. This includes protection from unlawful killings and a duty on the state to take measures to protect life.

Freedom from Torture and Inhuman or Degrading Treatment or Punishment (Article 3):  No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Right to Liberty and Security (Article 5): Individuals have the right to personal freedom and security. This includes protection against unlawful detention, arbitrary arrest, and restrictions on personal liberty.

Everyone has the right to liberty and security of person. This includes protection against arbitrary arrest, detention, or imprisonment.

Right to a Fair Trial (Article 6): Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. This right includes the presumption of innocence, the right to legal representation, and the right to examine witnesses.

Freedom of Thought, Conscience, and Religion (Article 9): Everyone has the right to freedom of thought, conscience, and religion. This includes the freedom to manifest one's religion or beliefs, individually or in community with others.

Freedom of Expression (Article 10): Everyone has the right to freedom of expression. This includes the freedom to hold opinions, receive and impart information and ideas without interference from public authorities.

Right to Respect for Private and Family Life (Article 8): Everyone has the right to respect for their private and family life, home, and correspondence. This includes protection against unlawful interference with privacy.

Freedom of Assembly and Association (Article 11): Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and join trade unions and political parties.

These are just a few examples of the fundamental human rights protected under the Human Rights Act in the UK. The Act ensures that individuals can rely on these rights and freedoms in UK courts and that public authorities act in accordance with them.

Who can use the Human rights act in the UK?

The Human Rights Act 1998 is a UK law that incorporates the fundamental rights and freedoms protected by the European Convention on Human Rights (ECHR) into domestic law. It applies to everyone within the jurisdiction of the United Kingdom, regardless of their citizenship or immigration status.

The Act can be used by various individuals and groups, including:

UK Citizens: All UK citizens, regardless of their age, gender, race, religion, or any other characteristic, can rely on the Human Rights Act to protect their fundamental rights and freedoms.

Residents and Foreign Nationals: The Act extends its protection to residents of the UK, including foreign nationals and individuals with different immigration statuses, such as refugees, asylum seekers, and those with temporary or permanent residence permits.

Organizations and Groups: Non-governmental organizations (NGOs), charities, and other advocacy groups can use the Human Rights Act to challenge laws, policies, or actions that infringe upon the rights of individuals or specific communities.

Public Authorities: The Human Rights Act also applies to public authorities and institutions, including government bodies, police forces, prisons, hospitals, and local councils. These authorities must act in a way that is compatible with the rights protected under the Act.

Victims of Human Rights Violations: Individuals who have experienced or are at risk of human rights violations, such as unlawful detention, discrimination, or torture, can rely on the Act to seek redress, compensation, or legal remedies.

It's important to note that the Act primarily applies to actions or decisions made by public authorities. However, in certain circumstances, private organizations or individuals performing public functions can also be subject to the Act.

If someone believes their rights under the Human Rights Act have been violated, they can seek legal advice and, if necessary, take their case to the UK courts, including the Supreme Court and the European Court of Human Rights (ECtHR) in Strasbourg, France, as long as all domestic remedies have been exhausted.

What is human rights visa UK?

A human rights visa UK is a type of visa that allows individuals who have been victims of human rights violations in their home countries to come to the UK to seek protection. This type of visa is available to individuals who have been victims of torture, violence, or persecution. The human rights visa UK allows these individuals to live and work in the UK for an initial period of five years. After this five-year period, the individual may apply for indefinite leave to remain in the UK.

The human rights visas in the UK are:

Asylum Seeker: Those who have fled their home country due to well-founded fear of persecution can apply for asylum in the UK. They must demonstrate that they cannot return to their country of origin due to a risk of persecution based on factors such as race, religion, nationality, political opinion or membership in a particular social group.

Refugee Status: If an asylum application is successful, the applicant may be granted refugee status. This provides the individual with legal protection and allows them to remain in the UK as a refugee.

Humanitarian Protection: Individuals who do not meet the definition of a refugee but can show a real risk of serious harm if returned to their home country may be eligible for humanitarian protection.

Discretionary Leave to Remain: In certain exceptional cases, individuals may be granted discretionary leave to remain in the UK on compassionate or compelling grounds, such as situations involving human rights considerations.

What are the principles of human rights UK?

The principles of human rights in the UK are derived from international human rights standards and are enshrined in the Human Rights Act 1998. Here are some key principles that guide human rights in the UK:

Universality and Inalienability: Human rights apply to all individuals by virtue of their humanity. They are inherent, indivisible, and cannot be taken away or transferred.

Equality and Non-Discrimination: Every person is entitled to equal enjoyment of their human rights without any discrimination based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.

Human Dignity: Human rights are rooted in the inherent dignity of every individual. They must be respected, protected, and upheld to ensure the full development and potential of each person.

Rule of Law: Human rights are based on the rule of law. Governments and public authorities have a duty to respect and uphold human rights, and individuals have the right to seek effective remedies for human rights violations through the legal system.

Participation and Inclusion: Individuals have the right to participate in decision-making processes that affect their lives and communities. This includes the right to be heard, to express their views, and to participate in public affairs.

Progressive Realization: While human rights should be respected immediately, some rights may require progressive realization due to resource constraints. The state has an obligation to take steps to progressively realize economic, social, and cultural rights to the maximum of its available resources.

Accountability: Governments and public authorities are accountable for the protection and promotion of human rights. They must ensure effective remedies and redress for individuals whose rights have been violated.

These principles guide the interpretation and application of human rights law in the UK, helping to ensure the protection and promotion of fundamental rights and freedoms for all individuals within its jurisdiction.

Why choose TMC Solicitors?

At TMC Solicitors, we specialize in human rights law in London. We have a team of experienced lawyers who are passionate about defending and promoting human rights both in the UK and abroad. Our work includes acting for victims of torture and human rights abuses, challenging unlawful state interference with our client’s human rights, and providing legal advice and representation to individuals and organizations working to promote human rights.

At TMC Solicitors, we provide a variety of services to their clients. These services include but are not limited to:

  • Providing legal advice and representation in court
  • assisting with investigations into human rights violations
  • working with the media to raise awareness of human rights issues
  • campaigning for changes in the law to protect human rights

If you or someone you know has been the victim of a human rights violation, at TMC Solicitors, we can help.

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