User talk:Ashu tripathi bittu

Complete Information on The Chotanagpur Plateau Industrial Region K.RAJA This region covers part of Jharkhand, Bihar and West Bengal states. The region enjoys facilities like large coal deposits of the Damodar Valley; iron ore, bauxite, mica, copper, manganese and limestone etc. from the Jharkhand, Bihar-Orissa mineral belt, power from the D.V.C. and thermal plants; cheap labour from Bihar, Orissa and eastern Uttar Pradesh. Jamshedpur, Durgapur, Asansol, Bokaro, Kulti, Burnpur are famous for iron and steel industry; Sindri for fertiliser industry, Chittaranjan for railway locomotives; Ramgarh and Bhurkunda for glass industry, and Khalari for cement industry. Metallurgical and heavy industries account for 47 per cent of the total labour force of the region, followed by engineering industry (19%), food processing industry (10%), and chemical industries (7%). Other important industries of the region are paper, match, glass, cement, furniture and plywood industries. The region is experiencing the problems like sickness of mills, shortage of power and political turmoil (Jharkhand Mukti Morcha etc). This has slowed down the growth rate. Being the centre of metallurgical and heavy industries (called Ruhr of India) its importance is bound to grow in future as well.

Home Rule League From Wikipedia, the free encyclopedia Not to be confused with Indian Home Rule Movement or International Scots Home Rule League. Home Rule League Léig an Rialtais Dúchais Founded	1873 Dissolved	1882 Succeeded by	Irish Parliamentary Party Ideology	Irish nationalism Colours	Green Politics of Ireland Political parties Elections The Home Rule League (1873–1882), sometimes called the Home Rule Party, was a political party which campaigned for home rulefor Ireland within the United Kingdom of Great Britain and Ireland, when it was replaced by the Irish Parliamentary Party.[1] Contents [hide] 1 Origins 2 New leader, new name, new members 3 Chairmen (leaders) of the Party, 1873–1882 4 Further reading 5 External links 6 See also 7 Notes Origins[edit] The Home Rule League grew out of the Home Government Association, a pressure group formed in 1870 and led by Isaac Butt, a Dublin barrister who had once been a leading Irish Tory before becoming a convert to Irish nationalism. On 18–21 November 1873, the loose association re-constituted itself as a full political party, the Home Rule League, and in the1874 general election, it won 59 seats. In that period however it was not a political party in a cohesive sense but a loose alliance of home rule-leaning Irish politicians. Because of this the party rapidly became divided, between the less committed members of Parliament, many of whom were from an Irish aristocratic or gentry Church of Ireland background, some newly dedicated former Irish Liberal Party members, such as Sir John Gray MP, and other more radical members who gathered around Cavan MP Joseph Biggar and MeathMP Charles Stewart Parnell. This radical wing of the party launched parliamentary filibusters to obstruct the passage of Parliamentary business, to the embarrassment of Butt and frustration of successive British governments. New leader, new name, new members[edit] Following Butt's death in 1879, William Shaw served as chairman (leader) for one parliamentary session. In 1880, Parnell was elected chairman of the party, and in the 1880 general election, the party increased its number of seats. In 1882, as part of a wholesale move from being an informal alliance to a cohesive unified, political movement Parnell renamed it the Irish Parliamentary Party to pursue Irish Home Rule. The party under Parnell, himself a Protestant, became more radical,[2] middle class, and Catholic. It largely, though not completely, squeezed out other political rivals, notably the Irish Liberal Party and the Irish Conservative Party. Chairmen (leaders) of the Party, 1873–1882[edit] Isaac Butt 1873–1879 William Shaw 1879–1880 Charles Stewart Parnell 1880–1882 Further reading[edit] Kearney, Hugh F. (2007). Ireland: Contested Ideas of Nationalism and History. NYU Press. p. 39ff. Jackson, Alvin. Home Rule: An Irish History 1800–2000 (2003), ISBN 978-1-84212-724-7 External links[edit] Wikimedia Commons has media related to Home Rule League. Isaac Butt and the Home Rule Party See also[edit] Independent Irish Party Notes[edit] Jump up^ Alvin Jackson (2004). Home Rule: An Irish History, 1800–2000. Oxford University Press. p. 30. Jump up^ Kerby A. Miller (1985). Emigrants and exiles: Ireland and the Irish exodus to North America. Oxford University Press. [hide] v t e Defunct political parties in Ireland To 1918	All-for-Ireland League Catholic Union Home Government Association Home Rule League Independent Irish Party Irish Conservative Party Irish Liberal Party Irish Metropolitan Conservative Society Irish National Federation Irish National League Irish Parliamentary Party Irish Patriot Party Irish Reform Association Irish Socialist Republican Party Irish Unionist Alliance Protestant Nationalist Party Repeal Association United Irish League Post 1918	Ailtirí na hAiséirghe All Ireland Anti-Partition League Aontacht Éireann British and Irish Communist Organisation Business and Professional Group Christian Centrist Party Christian Solidarity Party Clann Éireann Clann na Poblachta Clann na Talmhan Communist Party of Ireland (Marxist–Leninist) Córas na Poblachta Cork Civic Party Cork Socialist Party Cumann na nGaedheal Cumann na Poblachta Cumann Poblachta na hÉireann Democratic Left Democratic Socialist Party Donegal Progressive Party Farmers' Party Fathers Rights-Responsibility Party Independent Fianna Fáil Independent Health Alliance Irish Anti-Partition League Irish Dominion League Irish Independence Party Irish Worker League Irish Workers' Group Irish Workers' Party (1926) Irish Workers' Party (1948) League for a Workers Republic Libertas Monetary Reform Party Muintir na hÉireann National Centre Party National Corporate Party National Labour Party Natural Law Party National League Party National Party (1924) National Progressive Democrats Poblacht Chríostúil Progressive Democrats Republican Congress Saor Éire Sligo/Leitrim Independent Socialist Organisation Socialist Labour Party Socialist Party of Ireland Workers League Categories: History of Ireland (1801–1923) Nationalism in Ireland Political parties in pre-partition Ireland Defunct political parties in the United Kingdom Political parties established in 1873 1882 disestablishments Defunct political parties in Ireland 1873 establishments in Ireland Navigation menu Create account Log in Article Talk Read Edit View history

Main page Contents Featured content Current events Random article Donate to Wikipedia Wikimedia Shop Interaction Help About Wikipedia Community portal Recent changes Contact page Tools Print/export Languages Deutsch Gaeilge Galego Nederlands Русский Edit links This page was last modified on 5 February 2014 at 05:41. Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. Privacy policy About Wikipedia Disclaimers Contact Wikipedia Developers Mobile view

THE CONSTITUTION OF THE REPUBLIC OF GHANA 1992 Preamble First Schedule Second Schedule The Constitution Territories of Ghana Citizenship The Laws of Ghana Fundamental Human Rights and Freedom The Directive Principles of State Policy Representation of the People The Executive The Council of State The Legislature Parliament The Judiciary Freedom and Independence of the Media Finance The Public Service The Police Service The Prisons Service The Armed Forces of Ghana Commission on Human Rights and Administrative Justice National Commission for Civic Education Decentralization and Local Government Land and Natural Resources Chieftancy Code of Conduct for Public Officers Ammendments of the Constitution CHAPTER 005 win 7 ultimate oem THE CONSTITUTION OF THE REBUPLIC OF GHANA 1992 FUNDAMENTAL HUMAN RIGHT AND FREEDOMS .General. Emergency Powers 12. 1)   The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all other organs of government and its agencies and, were applicable t them, by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution.

(2)   Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender  shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. 13. (1)   No person shall be deprived of his life intentionally except in the exercise of the execution of a sentence of a court in respect of a criminal offence under the laws of Ghana of which he has been convicted. (2)   A person shall not be held to have deprived another person of his life in contravention of clause (1) of this article if that other person dies as the result of a lawful act of war or if that other person dies as the result of the use of force to such an extent as is reasonably justifiable in the particular circumstances- (a)       for the defence of any person from violence or for the defence of property; or (b)       in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or (c)        for the purposes of suppressing a riot, insurrection or mutiny; or (d)       in order to prevent the commission of a crime by that person. 14. (1)   Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law- (a)  in execution of a sentence or order of a court in respect of a criminal offence of which he has been convicted; or (b)  in execution of an order of a court punishing him for contempt of court; or (c )  for the purpose of bringing him before a court in execution of an order of a court; or (d)   in the case of a person suffering from an infectious or contagious disease, a person of unsound mind, a person addicted to drugs or alcohol or a vagrant, for the purpose of his care or treatment or the protection of the community; or (e)   for the purpose of the education or welfare of a person who has not attained the age of eighteen years; or (f)   for the purpose of preventing the unlawful entry of that person into Ghana, or of effecting the expulsion, extradition or other lawful removal of that person from Ghana or for the purpose of restricting that person while he is being lawfully conveyed through Ghana in the course of his extradition or removal from one country to another; or (g)  upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana. (2)   A person who is arrested, restricted or detained shall be informed immediately; in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice. (3)   A person who is arrested, restricted or detained- (a)  for the purpose of bringing him before a court in execution of an order of a court; or (b)  upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana, and who is not released. Shall be brought before a court within forty-eight hours after the arrest, restriction or detention. (4)   Where a person arrested, restricted or detained under paragraph (a) or (b) of clause (3) of this article is not tried within a reasonable time, then without prejudice to any further proceedings that may be brought against him, he shall be released, either unconditionally  or upon reasonable conditions, including in particular, conditions reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. (5)  A person who is unlawfully arrested, restricted or detained by any other person shall be entitled to compensation from that order person. (6)   Where a person is convicted and sentenced to a term of imprisonment for an offence, any period he has spent in lawful custody in respect of that offence before the completion of his trial shall be taken into account in imposing  the term of imprisonment. (7)   Where a person who has served the whole or a part of his sentence is acquitted on appeal by a court, other than the Supreme Court, the court may certify to the Supreme Court that the person acquitted be paid compensation: and the Supreme Court may, upon examination of all the facts and the certificate of the court concerned, award such compensation as it may think fit; or, where the acquitted is by the Supreme Court, it may order compensation to be aid to the person acquitted. 15. (1)      The dignity of all persons shall be inviolable. (2)      No person shall, whether or not he is arrested, restricted or detained, be subjected to - (a)  torture or other  cruel, inhuman or degrading treatment or punishment;

OEM Adobe CS3 Master Collection (a)     any other condition that detracts or is likely to detractfrom his dignity and worth as a human being. (3)   A person who has not been convicted of a criminal offence shall not be treated as a convicted person and shall be kept separately from  convicted persons. (4)   A juvenile offender who is kept in lawful custody or detention shall be kept separately from an adult offender. 16. (1)      No person shall be held in slavery or servitude (2)      No person shall be required to perform forced labour (3)      For  the purposes of this article, "forced labour" does not Include.- (a)    any labour required as a result of a sentence or (b)    any labour required of a member of a disciplined force or service a his duties or, in the case of a person who has conscientious objections to a service as a member of the Armed Forces of Ghana, ay labour which that person is required by law to perform in place of such service (c) any labor required during any period when Ghana is at war or in the event of an emergency or calamity that threatens the life and well-being of the community, to the extent that the requirement of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purposes of dealing with the situation; or (d)  any labour reasonably required as part of normal communal or other civic obligations. 17. (1)   All persons shall be equal before the law 2)   A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status. (3)   For the purposes of this article, "discriminate" means to give different treatment to different persons attributable only or mainly to their  respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description which are not granted of persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description. (4)   Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide- (a)   for the implementation of policies and programmes aimed at redressing social, economic or educational imbalance in the Ghanaian society.; (b)  for matters relating to adoption, marriage divorce, burial devolution of property on death or other matters of personal law; (c)  for the imposition of restrictions on the acquisitions of land by persons who are not citizens of Ghana or on the political and economic activities of such persons and for other matters relating to such persons; or (d)   for making different provision for different communities having regard to their special circumstances not being provision which is inconsistent with the spirit of this Constitution. (5)   Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Chapter 18. (1)        Every person has the right to own property either alone or in association with others. (2)  No person shall be subjected to interference with the privacy of his home, property, correspondence or communication except in accordance with law and as may be necessary in a free and democratic society for public safety or the economic well-being of the country, for the protection of the rights or freedoms of others 19. (1)   A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court. (2)   A person charged with a criminal offence shall- (a)  in the case of an offence other than high treason or treason, the punishment for which is death or imprisonment for life, be tried by a judge and jury and - (i)  where the punishment is death, the verdict of the jury shall be by such majority as Parliament may by law prescribe. (ii)  in case of life imprisonment, the verdict of the jury shall be by such majority as Parliament may by law prescribe; (b)  in the case of an offence triable by a Regional Tribunal the penalty for which is death, the decision of the Chairman and the other panel members shall be unanimous; (c)    be presumed to be innocent until he is proved or has pleaded guilty; (d)   be informed immediately in a language he understands, and in detail; of the nature of the offence charged; (e)  be given adequate time and facilities for the preparation of his defence; (f)  be permitted to defend himself before the court in person by a lawyer of his choice; (g)  be afforded facilities to examine, in person or by his lawyer, the witnesses called by the prosecution before the court, and to obtain the attendance and  carry out the examination of witnesses to testify on the same conditions as those  applicable to witnesses called by the prosecution. (h) be permitted to have, without payment by him, the assistance of an interpreter where he cannot understand the language used at the trial; and (i) in the case of the offence of high treason or treason, be tried by the High Court duly constituted by three Justices of that Court and the decision of the Justices shall be unanimous. (3)   The trial of a person charged with a criminal offence shall take place in his presence unless- (a)  he refuses to appear before the court  for the trial to be conducted in his presence after he has been duly notified of the trial' or (a)   he conducts himself in such a manner as to render the continuation of the proceedings in his presence impracticable and the court order him to be removed for the trial to proceed in his absence. (4)   Whenever a person is tried for a criminal offence the accused person or a person authorized by him shall, if he so requires, be given, within a reasonable time not exceeding six months after judgment, a copy of any record of the accused person. (5)   A person shall not be charged with or held to be guilty of a criminal offence which is founded on an act or omission that did not at the time it took place constitute an offence. (6)  No penalty shall be imposed for a criminal offence that is severer in degree or description than the maximum penalty that could have been imposed for that offence at the time when it was committed. (7)  No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted, shall  again be tried  for that offence or for any other criminal offence of which he could  have been convicted at the trial for the offence, except on the order of a superior court in court in the course of appeal or review proceedings relating to the conviction or  acquittal. (8)   Notwithstanding clause (7) of this article, an acquittal of a person  on a trial for high treason shall not be a bar to the institution of proceedings for any other offence against that person. (9)   Paragraphs (a) and (b) of clause (2) of this article shall not apply in the case of a trial by a court martial or other military tribunal. (10) No person who is tried for a criminal offence shall be compelled to give evidence at the trial. (11)   No person shall be convicted of a criminal offence unless the defined and the penalty for it is prescribed in a written law. (12)  Clause (11) of this article shall not prevent a Superior court from punishing a person for contempt of itself notwithstanding that the act or omission  constituting the contempt is not defined in a written law and the penalty is not so prescribed. (13) An adjudicating authority for the determination of the existence or extent of a civil right or obligation shall, subject to the provisions of this Constitution, be established by law and shall be independent and impartial;  and where proceedings for determination re instituted by a person before such as adjudicating  authority, the case shall be given a fair hearing within a reasonable time. (14)  Except as may be otherwise ordered by the adjudicating authority in the interest of public morality, public safety, or public order the proceedings of any such adjudicating authority shall  be in public. (15)  Nothing  in this article shall prevent an adjudicating authority from excluding from  the proceedings persons, other than the parties to the proceedings and their lawyers, such as extent as  the authority- (a)  may consider necessary or expedient in circumstances where publicity would prejudice the interest of justice; or (b)  may be empowered by law to do in the interest of defence, public safety, public order, public morality, the welfare of persons under the age of eighteen or the protection of the private lives of persons concerned in the proceedings. (16)   Nothing in, or done under the authority of, any law shall be held to be inconsistent with or in contravention of, the following provisions- (a)  paragraph (c) of clause (2) of this article, to the extent that the law in question imposes upon a person charged with a criminal offence, the burden of providing particular facts; or (b)  clause (7) of this article, to the extent that the law in question authorizes a court to try a member of  disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of the force, except that any court which tries that member and convicts him shall, in sentencing him to any punishment, take into account any punishment imposed on him under that disciplinary law. 17.  Subject to clause (18) of this article, treason shall consist only- (a)   in levying war against Ghana or assisting any state or person or inciting or conspiring with any person to levy war against Ghana; or (b)  in attempting by force of arms or other violent means to overthrow the organs of government  established by or under this  Constitution; or (c)  in taking part or being concerned in or inciting or conspiring with any person to make or take part or be concerned in, any such attempt. 18.   An act which aims at procuring by constitutional means an alteration of the law or of the policies of the Government shall not be considered as an act calculated to overthrow the organs of government. FUNDAMENTAL HUMAN RIGHT AND FREEDOMS 19.   Notwithstanding any other provision of this article, but subject to clause (20) of this article, Parliament may, by or under an Act of Parliament, established military courts or tribunals for the trial of offences against military law committed by persons subject to military law. 20.   Where a person subject to military law, who is not in active service, commits an offence which Is within the jurisdiction of a civil court, he shall not be tried by a court-martial or military of a court-martial  or other military tribunal under any law for the enforcement of military discipline. 21.   For the purposes of this article, "criminal offence" means a criminal offence under the laws of Ghana. 20 (1)   No property of any description, or interest in or right over any property shall be compulsorily taken possession of or acquired by the State unless the following conditions are satisfied- (a)  the taking of possession or acquisition is necessary in  the interest of defence, public safety public under, public morality, public health, town and country planning (b)   the necessity for the acquisition is clearly stated and is such as to provide reasonable justification for causing any hardship that may result to any person who has interest in or right over the property (2)   Compulsory acquisition of property by the State shall only be made under a law which makes provision for - (a)   the prompt payment of fair and adequate compensation ; and (b)  a right of access to the High Court by any person who has a interest in or right over the property whether direct or on appeal from any other authority, for the determination of his interest or right and the amount of compensation to which he is entitled. (3)   Where a compulsory acquisition or possession of land effected by the State in accordance with class (1) of this article involves displacement of any inhabitants, the State shall resettle the displaced inhabitants on suitable alternative land with due regard for their economic well-being and social and cultural values. (4)   Nothing in this article shall be construed as affecting the operation of any general law so far as it provides for the taking of possession of acquisition of property- (a)   by way of vesting or administration of trust property, enemy property or the property of persons adjudged or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons or bodies corporate or un-incorportated in the course o being wound up; or (b)  in the execution of a judgment or order of a court; or 21 (c)  by reason of its being in a dangerous state or injurious to the health of human being, animals or plants; or (d)   in consequence of any law with respect to the limitation of actions; or (e)   for so long as may be necessary for the carrying out of work on any land for the purpose of the provision of public facilities or utilities, except that where any damage results from any such work there shall be paid appropriate compensation. (5)   Any property compulsorily taken possession of or acquired in the public interest or for a public purpose shall be used only in the public interest or for the public purpose for which it was acquired. (6)   Where the property is not used in the public interest or for the purpose for which it was acquired, the owner of the property immediately before the compulsory acquisition, shall be given the first option for acquiring the property and shall, on such re-acquisition refund the whole or part of the compensation paid to him as provided for by law or such other amount as is commensurate with the value of the property at the same time of the re-acquisition.

adobe contribute cs5 oem (1)   All persons shall have the right to- (a)   freedom of speech and expression, which shall include freedom of the press and other media; (b)   freedom of thought, conscience and belief, which shall include academic freedom; (c)   freedom to practise any religion and to manifest such practice; (d)   freedom of assembly including freedom to take part in processions and demonstrations. (e)   freedom of association, which shall include freedom to form or join trade unions or other associations, national and international, for the protection of their interest; (f)   information, subject to such qualifications and laws as are necessary in a democratic society; (g)   freedom of movement which means the right to move freely in Ghana, the right to leave and to enter Ghana and immunity from expulsion from Ghana. (2)   A restriction on a person's freedom of movement by his lawful detention shall not be held to be inconsistent with or in contravention of this article. (3)   All citizens shall have the right and freedom to form or join political parties and to participate in political activities subject to such qualifications and law as are necessary in a free and democratic society and are consistent with this Constitution. (4)   Nothing in, or done under the authority of, a law shall be held to be inconsistent with, or in contravention of, this article to the extent that the law in question makes provision- (a)   for the imposition of restrictions by order of a court, that are required in the interest of defence, public safety or public order, on the movement or residence within Ghana of any person; or (b)   for the imposition of restrictions, by order of a court, on the movement or residence within Ghana of any person either as a result of his having been found guilty of a criminal offence under the laws of Ghana or for the purposes of ensuring that he appears before a court at a later date for trial for a criminal offence or for proceedings relating to his extradition or lawful removal from Ghana;or (c)   for the imposition of restrictions that are reasonably required in the interest of defence, public safety, public health or the running of essential services, on the movement or residence within Ghana of any person or persons generally, or any class or persons;or (d)   for the imposition of restrictions on the freedom of entry into Ghana, or of movement in Ghana, of a person who is not a citizen of Ghana; or (e)   that is reasonably required for the purpose of safeguarding the people of Ghana against the teaching or propagation of a doctrine which exhibits or encourages disrespect for the nationhood of Ghana, the national symbols and emblems, or incites hatred against other members of the community; except so far as that provision or as th case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in terms of the spirit of this Constitution. (5)   Whenever a person, whose freedom of movement has been restricted by the order of a court under paragraph (a) of clause (4) of this article, request at any time during the period of that restriction not earlier than seven days after the order was made, or three months after he last made such request, as the case may be, his case shall be reviewed by that Court. (6)  On a review by a court under clause (5) of this article, the court may, subject to the right of appeal from its decision, make such order for the continuation or termination of the restriction as it considers necessary or expedient. 22(1)  A spouse shall not be deprived of a reasonable provision out of the estate of a spouse whether or not the spouse died having  made a will. (2)   Parliament shall, as soon as practicable after the coming into force of this Constitution, enact legislation regulating the property rights of spouses. 23242526272829 (3)  With a view to achieving the full realization of the rights referred to in clause (2) of this article- (a)   spouses shall have equal access to property jointly acquired during marriage; (b)   assets which are jointly acquired during marriage shall be distributed equitably between the spouses upon dissolution of the marriage Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal.

(1)   Every person has the right to work under satisfactory, safe and healthy conditions, and shall receive equal pay for equal work without distinction of any kind. (2)   Every worker shall be assured of rest, leisure and reasonable limitation of working hours and periods of holidays with pay, as well as remuneration for public holidays. (3)   Every worker has a right to form or join a trade union of his choice for the promotion and protection of his economic and social interests.

(4)   Restrictions shall not be placed on the exercise of the right conferred by clause (3) of this article except restrictions prescribed by law and reasonably necessary in the interest of national security or public order or for the protection of the rights and freedom of others. (1)   All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realization of that right- (a)   basic education shall be free, compulsory an available to all; (b)   secondary education in its different forms, including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education; (c)   high education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular, by the progressive introduction of free education; (d)  functional literacy shall be encouraged or intensified as far as possible.

(e)   the development of a system of schools with adequate facilities at all levels shall be actively pursued. (2)   Every person shall have the right, at his own expense, to establish an maintain a private school or schools at all levels and of such categories and in accordance with such conditions as may be provided by law. (1)   Every person is entiled to enjoyed, practise, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution. (2)   All customary practices which dehumanize or are injurious to the physical and mental well-being of a person are prohibited. (1)   Special care shall be accorded to mothers during a reasonable period before and after child-birth; and during those periods working mothers shall be accorded paid leave. (2)   Facilities shall be provided for the care of children below school-going age to enable women, who have the traditional care for children, realize their full potential. (3)   Women shall be guaranteed equal rights to training and promotion without any impediments from any person.

(1)   Parliament shall enact such laws as are necessary to ensure that- (a)   every child has the right  to the same measure of special care, assistance and maintenance as is necessary for its  development from its natural parents, except where those parents have effectively surrendered their rights and responsibilities in respect of the child in accordance with law; (b)   every child, whether or not born in wedlock, shall be  entitled to reasonable provision out of the estate of its parents; (c)  parents undertake their natural right and obligation of care, maintenance and upbringing of their children in co-operation with such institution as  Parliament may, by law, prescribe in such manner that in all cases the interest of the children are paramount; (d)   children and young persons receive special protection against exposure to physical and moral hazards; and (e)   the protection and advancement of the family as the unit of society are safeguarded in promotion of the interest of children. (2)   Every child has the right to be protected from engaging in work that constitutes a threat to his health, education or  development. (3)   A child shall not be subjected to torture or other cruel, inhuman or degrading treatment or punishment.

(4)   No child shall be deprived by any other person of medical treatment, education or any other social or economic benefit by reason only of religious or other beliefs. (5)   For the purposes of this article, "child" means a person below the age of eighteen years. (1)   Disabled persons  have the right to live with their families or with foster parents and to participate in social, creative or recreational activities. (2)   A disabled person shall not be subjected  to different treatment in respect of his residence other than that required by his condition or by the improvement which he may derive from the treatment. (3)   If the stay of a disabled person in a specialized establishment is indispensable, the environment and living conditions there shall be as close as possible to those of the normal life of a person of his age. (4)   Disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive or degrading nature. (5)   In any judicial proceedings in which a disabled person is a party the legal procedure applied shall take his physical and mental condition into account. (6)   As far as practicable, every place to which the public have access shall have appropriate facilities for disabled persons. (7)   Special incentives shall be given to disabled persons engaged in business and also to business organizations that employ disabled persons in significant numbers. (8)   Parliament shall enact such  laws as are necessary to ensure the enforcement of the provisions of this article. FUNDAMENTAL HUMAN RIGHT AND FREEDOMS 30313233 A person who by reason of sickness or any other cause is unable to give his consent shall not be deprived by any other person of medical treatment, education or any other social or economic benefit by reason only of religious or other beliefs. Emergency Powers (1)   The President may, acting in accordance with the advice of the Council of State, by Proclamation published in the Gazette, declare that a state of emergency exists in Ghana or in any part of Ghana for the purposes of the provisions of this Constitution. (2)   Notwithstanding any other provision of this article, where a proclamation is published under clause (1) of this article, the President shall place immediately before Parliament, the facts and circumstances leading to the declaration of the state of emergency. (3)   Parliament shall, within seventy-two hours after being so notified, decided whether the proclamation should remain in force or should be revoked; and the President shall act in accordance with the decision of Parliament. (4)  A declaration of a state of  emergency shall cease to have effect at the expiration of a  period of seven days beginning with the date of publication of the declaration, unless, before the expiration of that period,  it is approved by a resolution passed for that purpose by a majority of all the members of Parliament. (5)   Subject to clause (7) of this article, a declaration of a state of emergency approved by a resolution of Parliament under clause (4) of this article shall continue in force until the expiration of a period  of three months beginning with the date of its being so approved or until such earlier date as may be specified in the resolution. (6)   Parliament may, by resolution passed by a majority of all members of Parliament, extend its approval of the declaration for periods of not more than one month at a time. (7)   Parliament may, by a resolution  passed by a majority of all the members of Parliament, at any time, revoke a declaration of a state of emergency approved by Parliament  under  this article. (8)   For the avoidance of doubt, it is hereby declared that the provisions of any enactment, other than an Act of Parliament, dealing with a state of emergency declared under clause (1) of this article shall apply only to that part of Ghana where the emergency exists. (9)   The circumstances under which a state of emergency may be declared under this article a natural disaster and any situation in which any action is taken or is immediately threatened to be taken by any person or body or persons which- (a)   is calculated or likely to deprive the community of the essentials of life; or (b)  renders necessary the taking of measures which are required for securing the public safety, the defence of Ghana and the maintenance of public order and of supplies and service essential to the life of the community. (10)   Nothing in, or done under the authority of, an Act of Parliament shall be held to be inconsistent with, or in contravention of, articles 12 to 30 of this Constitution to the extent that the Act in question authorizes the taking, during any period when a state of emergency is in force, of measures that are reasonably justifiable for the purposes of dealing with the situation that exists during that period. (1)   Where a person is restricted or detained by virtue a of law made pursuant to a declaration of a state of emergency, the following provisions shall apply- (a)   he shall as soon as practicable, and in any case not later than twenty-four hours after the commencement of the restriction or detention, be furnished with a statement in writing specifying in detail the grounds upon which he is restricted or detained and the statement in writing specifying in detail the grounds upon which he is restricted o detained, and the statement shall be read or interpreted to the person restricted or detained; (b)   the spouse, parent, child or other available next of kin of the person restricted or detained shall be informed of the detention or restriction within twenty-four hours  after the commencement  of the detention or restriction and be permitted access to the detention or restriction and be permitted access to the person at the earliest practicable opportunity and in any case within twenty-four hours after the commencement of the restriction or detention; (c)   not more than ten days after the commencement of his restriction or detention, a notification shall be published in the Gazette and in the media stating that he has been restricted or detained and giving particulars of the provision of law under which his restriction or detention is authorized and the grounds of his restriction or detention; (d)   not more than ten days after commencement of his restriction or detention, and after that, during his three months, his case shall be reviewed by a tribunal composed of not less than three Justices of the Superior Court of Judicature appointed by the Chief Justice; except that the same tribunal shall not review more than once the case of a person restricted or detained; (e)   he shall be afforded every possible facility to consult a lawyer of his choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the restricted or detained person; (f)  at the hearing of his case, he shall be permitted to appear in person or by a lawyer of his choice. (2)   On a review by a tribunal of the case of a restricted or detained person, the tribunal may order the release of the person and the payment to him of adequate compensation or uphold the grounds of his restriction or detention; and the authority by which the restriction or detention was ordered shall act accordingly. (3)   In every month in which there is a sitting of Parliament, a Minister of State authorized by the President, shall make a report to Parliament of the number of persons restricted or detained by virtue of such a law as is referred to in clause (10) of article 31 of this Constitution and the number of cases in which the authority that ordered the restriction or detention has acted in accordance with the decision of the tribunal appointed under this article. (4)   Notwithstanding clause (3) of this article, the Minister referred to in that clause shall publish every month in the Gazette and in the media- (a)  the number and the names and addresses of the persons restricted or detained; (b)   the number of cases reviewed by the tribunal; and corel and adobe cs4 cs5 (c)   the number of cases in which the authority which ordered the restriction or detention has acted in accordance with the decisions of the tribunal appointed under this article. (5)   For the avoidance of doubt, it is hereby declared that at the end of an emergency declared under clause(1) of article 31 of this Constitution, a person in restriction or detention or in custody as a result of the declaration of the emergency shall be released immediately. (1)   Where a person alleges that a provision of this Constitution on the fundamental human rights and freedoms has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the High Court for redress (2)   The High Court may, under clause (1) of this article issue such directions or orders or writs including writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition and quo warranto as it may consider appropriate for the purposes of enforcing or securing the enforcement of any the fundamental   human rights and freedoms to the protection of which the person concerned is entitled. (3)   A person aggrieved by a determination of High Court may appeal to the Court of Appeal with the right of a further appeal to the Supreme Court. (4)   The Rules of Court Committee may make rules of court with respect to the practice and procedure of the Superior Courts for the purposes of this article. (5)   The rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man.

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Human rights: human lives A handbook for public authorities

Contents Foreword Part 1: Background Basics 2 Who should use this handbook and why? 2 What is the European Convention on Human Rights? 2 What is the Human Rights Act? 3 How does the Human Rights Act af fect me? 6 Part 2: The Convention rights in mor e detail Article 2 – Right to life 7 Article 3 – Prohibition of torture 10 Article 4 – Prohibition of slavery and forced labour 13 Article 5 – Right to liberty and security 15 Article 6 – Right to a fair trial 18 Article 7 – No punishment without law 24 Qualified rights: Articles 8 to 11 26 Article 8 – Right to r espect for private and family life 26 Article 9 – Freedom of thought, conscience and r eligion 31 Article 10 – Freedom of expression 34 Article 11 – Freedom of assembly and association 36 Article 12 – Right to marry 38 Article 14 – Prohibition of discrimination 40 Protocol 1, Article 1: Protection of property 44 Protocol 1, Article 2: Right to education 46 Protocol 1, Article 3: Right to fr ee elections 48 1 2 7 i Part 3: Guidance and information 50 Human rights flowchart 50 Human rights flowchart explained 52 Points to remember 56 Balancing one person’s rights against those of the community 56 Three types of rights 56 Proportionality 57 The margin of appreciation 58 Positive obligations 58 Frequently asked questions 60 Jargon buster 62 Relevant organisations and contacts 63 Useful websites 63 MoJ acknowledges the work done by Jenny W atson and Mitchell Woolf on their book ‘Human Rights Act Toolkit’ (LAG: London) which forms the basis for some sections in Part 3 of this handbook. W e are extremely grateful to them for allowing this material to be used. ii Foreword This guide is designed to assist of ficials in public authorities to implement the Human Rights Act 1998. It aims: • to raise your awareness of the different rights and freedoms protected by the Human Rights Act, and • to show you, through actual examples, how to consider the potential human rights impact of your work, whether you are delivering services directly to the public or devising new policies and procedures. This guide is deliberately expressed in general terms in order to be as useful and relevant as possible to all types of public authority. Some will find that it meets their requirements as it stands. Others may wish to use it as a point of departure and reference tool for the development of guidance tailored to their own particular needs. We welcome feedback on the usefulness of the handbook, and any suggestions to improve it. You can contact us: • by writing to: Ministry of Justice, Human Rights Division, 7th Floor, 102 Petty France, London, SW1H 9AJ • by telephone: 020 3334 3734 • by email: humanrights@justice.gsi.gov.uk Why we wrote this handbook All those who work in public authorities, whether devising policy or procedures or delivering services directly to the public, must act in a way that’s compatible with the Human Rights Act 1998. The Act is all about tr eating individuals fairly, with dignity and respect – while still safeguarding the rights of the wider community. But the Human Rights Act has had a lot of bad pr ess recently – most of it undeserved. A review of the Act, commissioned by the Prime Minister, was published in July 2006 and concluded that, while the Act has been beneficial, there are misconceptions about it; there is a general lack of understanding of it; and there isn’t enough guidance to help in applying the Act. This handbook is designed to fill that gap. What you will find in this handbook • information relevant to people working at all levels within any public authority • the background on where the Human Rights Act originated and what rights it enshrines (Part 1) • explanations of each of the rights and how they may be relevant to different public authorities (Part 2) • reallife examples and case studies that show how human rights work in practice (Part 2) • a jargon buster and answers to frequently asked questions (Part 3) • details on where to find further information and useful contacts (Part 3). What you will not find in this handbook • a substitute for proper legal advice or an exhaustive explanation of human rights law: always take proper legal advice if you have a specific issue to deal with • detailed sectorspecific information. This guide is deliberately generic to make it as relevant as possible to a broad range of public authorities • lots of legal jargon. 1 Part 1 Background Basics Who should use this handbook and why? If you work in a public authority this handbook can help you to understand how the Human Rights Act r elates to what you do and how you do it. The handbook is designed to give you information on how human rights ar e relevant to your role and what obligations public authorities have under the Human Rights Act. After r eading this we hope you will feel confident in dealing with human rights issues in your daytoday work, whether you are in central or local government, the police or armed for ces, schools or public hospitals, or any other public authority. What is the European The Convention is made up of a series of Articles. Each Article is a short Convention on statement defining a right or freedom, Human Rights? together with any permitted exceptions. For example: “Article 3 – Pr ohibition of The European Convention on Human torture. No one shall be subjected to Rights was drafted after World War II torture or to inhuman or degrading by the Council of Europe. The Council treatment or punishment.” The rights in of Europe was set up as a gr oup of the Convention apply to everyone in the likeminded nations, pledged to defend states that have signed the Convention. human rights, parliamentary democracy Anyone who believes that a state has and the rule of law, and to make sure breached their human rights should first that the atrocities and cruelties take every possible step to have their committed during the war would never case resolved in the domestic courts of be repeated. The UK had a major r ole in that state. If they are unhappy with the the design and drafting of the Eur opean result they can then take their case to Convention on Human Rights, and the European Court of Human Rights, ratified the Convention in March 1951. set up by the European Convention The Convention came into force in on Human Rights and based in September 1953. Strasbourg, France. 2 What is the Human Rights Act? The Human Rights Act came into ef fect in the UK in October 2000. The Act enabled people in the UK to take cases about their human rights to a UK court. Previously they had to take complaints about their human rights to the European Court of Human Rights in Strasbourg. What are human rights? There are 16 basic rights in the Human Rights Act, all taken from the European Convention on Human Rights. They don’t only affect matters of life and death like freedom from torture and killing; they also affect people’s rights in everyday life: what they can say and do, their beliefs, their right to a fair trial and many other similar basic entitlements (a more detailed explanation of the types of rights is at page 53). Article 1 This article is introductory and is not included in the Human Rights Act. Article 2: Right to life Everyone’s right to life must be protected by law. There are only very limited circumstances where it is acceptable for the state to use for ce against a person that results in their death, for example a police of ficer can use reasonable force in selfdefence. Article 3: Prohibition of torture Everyone has the absolute right not to be tortured or subjected to treatment or punishment that is inhuman or degrading. Article 4: Prohibition of slavery and forced labour Everyone has the absolute right not to be treated as a slave or to be r equired to perform forced or compulsory labour. Article 5: Right to liberty and security Everyone has the right not to be deprived of their liberty except in limited cases specified in the Article (for example where they are suspected or convicted of committing a crime) and provided there is a proper legal basis in UK law for the arrest or detention. Article 6: Right to a fair trial Everyone has the right to a fair and public hearing within a reasonable period of time. This applies both to criminal charges brought against them, and in cases concerning their civil rights and obligations. Hearings must be before an independent and impartial court or tribunal established by law. It is possible to exclude the public from the hearing (though not the judgment) if that is necessary to protect things like national security or public order. A person who is charged with a criminal offence is presumed innocent until proven guilty according to law and must also be guaranteed certain minimum rights in relation to the conduct of the criminal investigation and trial. Part 1 Background 3 Human rights: human lives Article 7: No punishment without law Everyone has the right not to be found guilty of an offence arising out of actions which, at the time they were committed, were not criminal. People are also protected against later increases in the maximum possible sentence for an offence. Apart from the right to hold particular beliefs, the rights in Articles 8 to 11 may be limited where that is necessary to achieve an important objective. The precise objectives for which limitations are permitted are set out in each Article – they include things like protecting public health or safety, preventing crime and protecting the rights of others. Article 8: Right to respect for private and family life Everyone has the right to r espect for their private and family life, their home and their correspondence. This right can be restricted only in specified circumstances. Article 9: Freedom of thought, conscience and religion Everyone is free to hold a broad range of views, beliefs and thoughts, and to follow a religious faith. The right to manifest those beliefs may be limited only in specified circumstances. Article 10: Freedom of expression Everyone has the right to hold opinions and express their views on their own or in a group. This applies even if these views are unpopular or disturbing. This right can be restricted only in specified circumstances. Article 11: Freedom of assembly and association Everyone has the right to assemble with other people in a peaceful way. They also have the right to associate with other people, which includes the right to form a trade union. These rights may be restricted only in specified circumstances. Article 12: Right to marry Men and women have the right to marry and start a family. The national law will still govern how and at what age this can take place. Article 13 This article is not included in the Human Rights Act. 4 Article 14: Prohibition of Article 1 of Protocol 13: discrimination Abolition of the death In the application of the other penalty Convention rights, people have the right This provision prohibits the use of the not to be treated differently because of death penalty. their race, religion, sex, political views or any other personal status, unless there Part 2 covers each of these rights is an ‘objective justification’ for the (except Article 1 of Protocol 13) and difference in treatment. Everyone must how they are relevant to public have equal access to the Convention authorities in more detail. rights, whatever their status. Article 1 of Protocol 1: What impact does the Protection of property Human Rights Act have on public authorities? (A ‘protocol’ is a later addition to the Convention.) • Public authorities have an obligation to treat people in accordance with Everyone has the right to the peaceful their Convention rights (see pages enjoyment of their possessions. Public 7–49 for a more detailed explanation). authorities cannot usually interfere with a Anyone who feels their rights have person’s property or possessions or the been infringed by a public authority way that they use them except in can take their complaint to a UK court specified limited circumstances. or tribunal. • Wherever possible, existing legislation Article 2 of Protocol 1: must be applied in a way that is compatible with the rights set out in Right to education the Act. This means that legislation Everyone has the right not to be denied under which public officials operate access to the educational system. may have to be interpreted and applied in a different way than before the Act came into force. Article 3 of Protocol 1: Right to free elections Elections for members of the legislative body (for example Parliament) must be free and fair and take place by secr et ballot. Some qualifications may be imposed on who is eligible to vote (for example a minimum age). Part 1 Background 5 Human rights: human lives How does the Human Rights Act affect me? • Public authorities have an obligation to act in accordance with the Convention rights, and therefore public officials must understand human rights and take them into account in their daytoday work. This is the case whether officials are delivering a service directly to the public or devising new policies or procedures. Understanding human rights can help in making the right decisions. • When it comes to decision making, the rights of one person often have to be balanced against the rights of others or against the needs of the broader community (there is more detail on this in Part 3). But if you have to restrict somebody’s rights, you must make sure that you are not using a sledgehammer to crack a nut. Any restriction must be no greater than is needed to achieve the objective. This is called ‘proportionality’. • Always bear in mind that some Convention rights are absolute and can never be interfered with (for example the right not to be subjected to torture or inhumane or degrading treatment or punishment). “Where after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighborhood he lives in; the school or college he attends; the factory, farm or office where he works… unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world.” Eleanor Roosevelt, Chairman of the United Nations Human Rights Commission, 1948 6 Article 2 Part 2 The Convention rights in more detail Right to life What does this right mean? • ‘The right to life’ means that the state has an obligation to protect life. This means, generally, that the state must not take the lives of its citizens. • However, there are three very limited circumstances when taking life may not contravene Article 2: – when defending oneself or someone else from unlawful violence – when lawfully arresting someone or preventing the escape of someone lawfully detained – when acting lawfully to stop a riot or insurrection. Nevertheless, even if the action taken by the public authority falls into one of these three categories, any force used must be no more than absolutely necessary, which means that it must be strictly proportionate to the situation. • Article 2 also requires the state to take certain positive steps to pr otect the lives of people within its jurisdiction. For example, the taking of life must be illegal under a state’s law. • Article 2 can also create a more active obligation to protect life, for example where a public authority is awar e of a real and imminent threat to someone’s life, or where a person is under the care of a public authority. • Protection of the right to life may in certain circumstances also require an official investigation into deaths. Public safety The fact that a policy/decision r estricts a Convention right does not necessarily mean that it will be incompatible with the Convention. It is a fundamental responsibility of the state – arising from Article 2 of the Convention itself – to take appropriate steps to protect the safety of its citizens. So while some rights conferred by the Convention are absolute (for example the right not to be subjected to torture or inhuman or degrading treatment or punishment), in general the rights of one person cannot be used to ‘trump’ the right of the general public to be kept safe fr om a real risk of serious injury or loss of life. In particular the rights in Articles 8 to 11 can be restricted where it is necessary and proportionate to do so in or der to protect public safety. Is Article 2 relevant to my work? Article 2 will be relevant particularly if you are involved in any of the following: • policy decisions that may affect someone’s right to life • care for other people or protecting them from danger • investigation of deaths • you have the power of arr est • you are a police officer, prison officer or parole officer • you suspect that someone’s life is at risk. 7 Human rights: human lives What must a public authority do? Article 2 impacts on the work of public authorities in many different ways. For example: • If a public authority knows of the existence of a real and immediate risk to someone’s life from the criminal acts of another individual, then it should take appropriate preventive operational measures to protect that person. • If a public authority undertakes care of a person, for example by putting them in prison or placing them in a home, then it must take appropriate steps to ensure that the person is safe. • The protection of the right to life also means that there should be an effective official investigation into deaths resulting from the use of force by a public authority. This duty to investigate may also be triggered in other situations where there has been a suspicious or unlawful killing. • If a public authority is planning an operation which may result in a risk to life, the control and organisation of the operation must be such as to ensure that only the minimum necessary force is used. • Where the work of a public authority concerns persons known to be dangerous, there is an obligation to take appropriate steps to safeguard the public from such persons. For example this will be relevant to the parole and probation services, the police and social services. 8 Part 2 The Convention rights in more detail Article 2 in practice Case study Osman v United Kingdom (1998) A teacher had developed an unhealthy inter est in one of his pupils that included following him home, locking him in a classr oom, vandalising his home and victimising his school friend. The teacher’s behaviour was reported to the headmaster and to the police. The teacher subsequently shot the pupil and his father, injuring the pupil and killing his father. The European Court of Human Rights found that the police had not failed in their duty under Article 2 to safeguard the father’s right to life. There was insufficient proof that the teacher posed a real and immediate threat to life which the police knew about or ought to know about. The positive obligation to safeguar d life must not impose an impossible or disproportionate burden on public authorities. Case study Pretty v United Kingdom (2002) A woman suffering from an incurable degenerative disease wanted to control when and how she died. In order to avoid an undignified death through respiratory failure, she wanted her husband to help her commit suicide and sought an assurance that he would not be prosecuted for any involvement in her death. The European Court of Human Rights found that Article 2 does not cr eate an entitlement to choose death rather than life. Accordingly, there was no right to die at the hands of a third person or with the assistance of a public authority. Best practice example A social worker from the domestic violence team at a local authority used human rights arguments to secure new accommodation for a woman and her family at risk of serious harm from a violent expartner. She had received training on the ‘positive obligations’ placed on the local authority to protect the right to life (under Article 2) and the right to be fr ee from inhuman and degrading treatment (under Article 3). (Example provided by the British Institute of Human Rights). 9 Article 3 The Convention rights in more detail Prohibition of torture What does this right mean? • It is absolutely forbidden to subject any person to torture or to any treatment or punishment that is inhuman or degrading. Key words and meanings Conduct that amounts to any one of these forms of ill treatment will be in breach of Article 3. Torture – deliberate infliction of severe pain or suffering, whether to punish or intimidate, or to obtain information. Inhuman treatment – treatment which is less severe than torture but still causes serious physical and/or mental pain or suffering. Degrading treatment – treatment arousing feelings of fear, anguish and inferiority capable of humiliating and debasing the victim. Is Article 3 relevant to my work? Article 3 will be relevant particularly if your job involves any of the following: • caring for other people • detaining people or looking after those in detention • removing, extraditing or deporting people from the UK • working in a place where someone may be inadvertently placed in a humiliating position, for example in nursing homes or hospitals. 10 Part 2 The Convention rights in more detail What must a public authority do? • There is a negative obligation to refrain from subjecting people to torture or to inhuman or degrading treatment or punishment. But in some cases this may necessitate the application of extra resources in order to prevent inhuman or degrading treatment. • There is a positive obligation on public authorities to intervene to stop torture, inhuman or degrading treatment or punishment as soon as they become aware of it, even if a private individual is carrying it out. • There is an obligation not to expose a person to torture or inhuman or degrading treatment or punishment, which means that a person must not be removed, extradited or deported to a country in which there is a real risk that they will be treated in such a way. • There is a positive obligation on states to investigate any allegations of torture or of inhuman or degrading treatment or punishment. Article 3 in practice Case study Z v United Kingdom (2001) A local authority failed to separate four children from their mother even though it was clear that the childr en were being subjected to an unacceptable level of abuse and neglect over a fouryear period. The Court found that the authority had a positive obligation to remove the children as soon as they became aware of abuse that might amount to inhuman or degrading treatment. 11 Human rights: human lives Best practice examples A health trust has used the Human Rights Act to str engthen its policies against harrassment and bullying. (Example taken from the Audit Commission, Human Rights – Improving Public Ser vice Delivery (2003) A disabled man stopped attending his scheduled medical appointments at the local hospital because he felt humiliated by the hospital’s practice of examining him in fr ont of a large group of people including students. Following training, he lear nt that Article 3 (prohibition of inhuman or degrading tr eatment) protected his dignity and felt empowered to use these human rights standar ds to question the practice and ask to be seen only by his doctor . (Example provided by the British Institute of Human Rights) Case study McGlinchey and others v United Kingdom (2003) A woman who had a heroin addiction and suffered from asthma was sentenced to four months in prison. While ther e, she suffered severe heroin withdrawal symptoms including vomiting and weight loss. A doctor who visited her when she arrived advised the nursing staf f to monitor her symptoms. Her condition deteriorated over a weekend, but the nursing staf f did not call out a doctor, nor did they transfer her to a hospital. On the Monday mor ning she collapsed and was immediately admitted to hospital, wher e she died. The European Court of Human Rights held that the Prison Service had br eached Article 3 because it had failed to take appropriate steps to treat the prisoner’s condition and relieve her suffering, and had failed to act suf ficiently quickly to prevent the worsening of her condition. 12 Article 4 The Convention rights in more detail Prohibition of slavery and forced labour What does this right mean? • Everyone has an absolute right not to be held in slavery or servitude or be required to perform forced or compulsory labour. • The Article states that there are four types of work that are not to be considered as forced or compulsory labour: – work done during legitimate detention or on conditional release from detention (i.e. prison work or community service) – compulsory military service or civilian service as a conscientious objector – community service in a public emergency – any work that forms part of a normal civic obligation (for example compulsory fire service, or maintaining a building if you are a landlord). Key words and meanings • Slavery and servitude are closely connected, but slavery involves being owned by another person – like a possession – whilst servitude usually involves a requirement to live on another’s property and with no possibility of changing the situation. • Forced or compulsory labour arises when a person is made to work or perform a service against their will, and where the requirement to do the work is unjust or oppressive, or the work itself involves avoidable hardship. It can cover all kinds of work and services. Is Article 4 relevant to my work? Article 4 will be relevant particularly if you: • suspect that someone is being forced to work without suitable recompense • have powers to make people work in an emergency. 13 Human rights: human lives What must a public authority do? • Ensure all staff are properly recompensed for the work they do. • There is a positive obligation on public authorities to intervene to stop slavery, servitude or forced or compulsory labour as soon as they become aware of it. Article 4 in practice Case study Siliadin v France (2005) A 15yearold girl was brought into France from Togo by ‘Mrs D’, who paid for her journey but then confiscated her passport. It was agr eed that the girl would work for Mrs D until she had paid back her air far e, but after a few months she was ‘lent’ to ‘Mr and Mrs B’ who for ced her to work for 15 hours a day, 7 days a week with no pay, no holidays, no identity documents and without her immigration status being regularised. The girl wore secondhand clothes and did not have her own r oom. The authorities intervened once they wer e alerted to the situation. However, at the time, slavery and servitude wer e not specifically criminalised in France. The European Court of Human Rights held that the girl had been held in servitude and that France had br eached its positive obligations under Article 4, because Fr ench law had not afforded the girl specific and effective protection. 14 Article 5 Right to liberty and security The Convention rights in more detail What does this right mean? • Everyone has the right to liberty and security of person. This amounts to a right not to be ‘arrested’ or ‘detained’ even for a short period. This right is subject to exceptions where the detention has a proper legal basis in UK law and falls within one of the following categories of detention permitted by Article 5: – following conviction by a criminal court – for a failure to obey a court or der or legal obligation (for example not paying a criminal fine) – to ensure that a person attends a court if there is a reasonable suspicion that they have committed a crime, or if it is reasonably necessary to prevent them committing a crime or escaping after they have done so – to ensure that a minor receives educational supervision or attends court – in relation to a person who is shown to be of unsound mind, an alcoholic, a drug addict or a vagrant, or who may spread an infectious disease if not detained – to prevent unauthorised entry into the country or in relation to a person against whom steps are being taken with a view to deportation or extradition. Other rights under Article 5 Article 5 also concerns the procedures that must be followed by those who have power to arrest or detain others. It gives the detained person the right: • to be told promptly of the reasons for their arrest and of any charge against them, in a language which they can understand. The information must be given in simple, nontechnical terms. This applies to any detention (e.g. detention of mental patients), and is not limited to arrests of criminal suspects • to be brought ‘promptly’ before a judge or judicial officer. This applies only to criminal offences • to be tried for a criminal of fence within a ‘reasonable time’ • to challenge the lawfulness of their detention before an independent judicial body which will give a speedy decision and order their release if the detention is found to be unlawful • to obtain compensation if he or she is arrested or detained in breach of Article 5. In cases considering Article 5, the European Court of Human Rights has set out principles to be applied in a range of areas such as mental health detention, or bail in criminal cases. In the case of the latter, national law must generally allow bail pending a criminal trial, unless: • there is a danger that the accused will not attend the trial, and the court cannot identify any bail conditions that would ensure his attendance 15 Human rights: human lives • there is a danger that the accused will destroy evidence, warn other possible suspects, coordinate his story with them, or influence witnesses • there are good reasons to believe that the accused will commit further offences while on bail, or • the seriousness of the crime and the public reaction to it are such that release would cause a public disturbance. Is Article 5 relevant to my work? Article 5 will be relevant particularly if you are involved in any of the following: • arresting or detaining people • limiting or curtailing people’s liberty • reviewing the detention of mental health patients • military discipline procedures. What must a public authority do? • Ensure that any arrest or detention is lawful and is covered by one of the specified exceptions to the right to liberty (which are listed above). • Ensure that any arrest or detention is not excessive in the particular circumstances you are dealing with. • Take all reasonable steps to bring a detained criminal suspect promptly before a judge. • Take all reasonable steps to facilitate the detained person’s right to challenge the lawfulness of his detention before a court. • Obtain reliable evidence from an objective medical expert for detention on mental health grounds. • Tell the person detained in a simple, clear, nontechnical way – and without delay – why they are being deprived of their liberty. If they do not speak English, then get an interpreter to translate into a language that they can understand. 16 Part 2 The Convention rights in more detail Article 5 in practice Best practice example A hospital psychiatric department held a number of mental health detainees who spoke little or no English. Members of a user led mentalhealth befriending scheme were concerned about the fact that the services of an interpreter were not available when detaining these patients. They used human rights arguments based on the right to liberty (under Article 5) and the right not to be discriminated against on the basis of language (under Article 14) to argue successfully for a change in the hospital’s practice of failing to provide an interpreter. (Example provided by the British Institute of Human Rights) Case study Austin v Metropolitan Police Commissioner (2005) On May Day in 2001, thousands of people took part in a political demonstration in Oxford Circus, London, halting traffic and ordinary business. The police had been given no prior war ning of the protest and the demonstrators were generally uncooperative. The police cordoned off an area that held some of the demonstrators and nonparticipants. The cordon was maintained for over seven hours, and physical conditions within the cor don became unacceptable. One demonstrator and one bystander caught up in the action br ought their cases to the courts. The High Court held that the cor doning off action implemented by the police had resulted in the deprivation of liberty of all those held, but was justified as falling within one of the specified exceptions to the right to liberty because the police had taken the action to pr event crimes of violence. 17 Article 6 The Convention rights in more detail Right to a fair trial What does this right mean? Everyone has the right to a fair trial in cases where: • • •• • • there is a dispute about someone’s ‘civil rights or obligations’, or a criminal charge is brought against someone. The right includes: the right to a fair hearing the right to a public hearing (although there are circumstances where it is permissible to exclude the public and press, for example to protect a child or national security interests) the right to a hearing befor e an independent and impartial tribunal the right to a hearing within a reasonable time. What kinds of cases are covered by Article 6? The terms ‘criminal charge’ and ‘civil rights or obligations’ have very specific meanings under Article 6. It is important to know which type you ar e dealing with because the protection afforded by Article 6 is more extensive if there is a ‘criminal charge’ at stake. It is not always easy to determine whether a penalty is a ‘criminal charge’ or whether a dispute involves a ‘civil right or obligation’ under Article 6. Some disputes will fall outside the scope of Article 6 altogether. This is an area which has generated a lot of cases thr ough the courts. So if you are dealing with a penalty of some kind and you ar e not sure whether Article 6 applies, or whether the penalty is criminal or civil under the Article, then you should obtain further advice. What is a ‘criminal charge’? Anything that amounts to a criminal charge in UK law will always be criminal under Article 6. But that is not the end of the matter. There are also certain other penalties that are not called ‘criminal charges’ in UK law (and do not r esult in a criminal conviction or criminal record), but which are considered to be ‘criminal’ under Article 6. This is because the classification of a penalty under UK law is not conclusive of a ‘criminal char ge’ under Article 6. What matters is whether the nature of the ‘offence’ for which the penalty is imposed, and the seriousness of the possible punishment, make it very similar to a criminal charge. For example, a penalty that involves detaining a person in custody, perhaps in a military discipline case or following a contempt of court, is likely to be regarded as ‘criminal’ for the purposes of Article 6. In the same way, a fine that is imposed to punish and deter people from doing certain things (such as evading tax or transporting illegal immigrants into the UK) may also be regarded as criminal for Article 6 purposes, even though it is not part of the criminal law in the UK. What is a ‘civil right or obligation’? Civil rights and obligations include rights and obligations that are recognised in UK law, for example contractual rights or property rights etc. Again, UK law is not conclusive of the matter because ‘civil rights or obligations’ has its own special meaning under Article 6. Essentially this term describes cases involving disputes about private rights or the use of administrative powers which affect private rights, for example contracts, planning decisions, property disputes, family law or employment law. 18 Part 2 The Convention rights in more detail What sort of cases fall outside Article 6? Article 6 does not always cover disputes under immigration legislation, or concerning extradition, tax, or voting rights. These will often fall outside the scope of Article 6 altogether. What about appeals? Article 6 does not guarantee a right of appeal but the general guarantees of Article 6 apply to the first level of proceedings, as well as to any appeal which is available. However, some of the more specific rights, such as the right to an oral hearing or to a public hearing, may not apply in full to an appeal. If a case is decided by a nonjudicial body, such as an administrative authority rather than a court, the proceedings may not always meet the full standard in Article 6. However, this need not matter (particularly if you are dealing with a ‘civil right or obligation’) if there is an appeal from the decision of that authority to a court or tribunal that does meet the Article 6 standard for fair trials and can deal with all aspects of the case. Ther e need not be a full r ehearing of the facts of the case, for example wher e the earlier hearing took place in public. The right of access to a court As well as ensuring that the pr oceedings are conducted fairly, Article 6 gives you the right to bring a civil case to court. The legal system must be set up in such a way that people are not excluded from the court process. The right of access to court is not, however, unlimited and the European Court of Human Rights has accepted that the following people can be restricted from bringing cases: • ••• • litigants who keep bringing cases without merit bankrupts minors people who are not within a timelimit or limitation period for bringing a case other people where there is a legitimate interest in restricting their rights of access to a court, pr ovided that the limitation is not more restrictive than necessary. The right to reasons Article 6 generally includes a right to a reasoned decision, so that people know the basis for the decision suf ficiently clearly to decide whether they can challenge it further. What about legal aid? Article 6 does not give a general right to legal aid in every civil case involving a person who cannot afford to bring proceedings (for legal aid in criminal cases, see page 23). However, legal aid may be required by Article 6 in some civil cases, for example in cases or proceedings that are very complex, or in circumstances where a person is required to have a lawyer representing them. What does the right to a fair hearing mean? This means, in essence, a person’s right to present their case and evidence to the court (or the administrative authority who makes the decision) under conditions which do not place them at a substantial disadvantage when compared with the other party in the case. This includes a right to have access to material held by the other 19 Human rights: human lives side, and – if there is a hearing – the ability to crossexamine witnesses on terms that are equal to the other side’s. Witnesses and victims also have Convention rights. Where they are young or vulnerable the court must do what it can to protect them and acknowledge their rights. What does the right to a public hearing mean? In principle, this right means that both the public at large and the press have access to any hearing under Article 6. But a failure to provide a public hearing at the first level of proceedings is not necessarily a breach of Article 6. For example where the initial decisionmaker in a civil case is an administrative authority, then it may be suf ficient to provide a public hearing at the appeal stage (see below). In any case, the right to a public hearing can be subject to certain restrictions in the interests of morals, public order or national security or where the interests of those under 18 or the privacy of the parties r equire an exclusion of the public and the pr ess. However, any exclusion of the public must only go as far as is necessary to protect those interests. Even where the public have been excluded from the hearing, the outcome of the case must be publicly available, whether it is read out by the court or available in written form. What does the right to an independent and impartial tribunal mean? The court or other body that decides a case must be independent of the parties in that case. The way in which members of the court or body are appointed or the way they conduct a particular case can affect their independence. Similarly, members of the court or decisionmaking body must be impartial, and not show prejudice or bias or give any other grounds for legitimately doubting whether they are being impartial. Sometimes a judge or an administrative decisionmaker will have had some earlier involvement with the case before deciding the case. Or they may have links with either party, or very strong views. Generally speaking, however, prior involvement will not necessarily mean that the judge or the administrative decisionmaker is not impartial. If there is no evidence of actual bias, then the test is whether there is an appearance of bias. For example, a judge or an administrative decisionmaker who decides a case should not later be involved in the appeal against their own decision in the very same case because that would give the appearance of bias. Do administrative decisionmakers have to comply with these standards? Decisions that are taken by administrative authorities, in cases affecting a ‘civil right or obligation’, do not necessarily have to comply with the full requirements of Article 6 (such as the right to a public hearing), pr ovided that there is a right of appeal to a court or tribunal that does comply with those requirements. However, in some cases the decisionmaker may have a duty to act quasijudicially, for example by holding a public hearing in a case wher e the facts are in dispute between the parties. Ther e are also some types of decision which should not be made by an administrative authority (even at the very first level), but which should be allocated to a court. For example, a criminal charge should normally be tried by a court. Whether or 20 Part 2 The Convention rights in more detail not the decisionmaker in a particular case is a fair and impartial tribunal for the purposes of Article 6 is ther efore a developing and complex area, about which you might need specialist advice. What does the right to a trial within a reasonable time mean? People are entitled to have their case heard without excessive procedural delays. Whether or not a delay is excessive will very much depend on the circumstances of the case, including: • • • • • • • • • • • the type and complexity of the case (for example, criminal cases and family cases involving children usually have a strict timescale) the conduct and diligence in the case of both sides the conduct and diligence of the court. Inadequacy of resources (for example social workers or judges) is not an excuse for excessive delay. Additional rights in a criminal trial These include: the right of the defendant, as a general principle, to be in court during their trial. If the defendant is in custody it is the responsibility of the prison authorities to ensure they are at court. The defendant can waive their right to attend court, but they must do so freely and clearly. However, if the defendant deliberately chooses to be absent from court when the trial is heard, the court may continue with the case and will not necessarily have breached Article 6 in doing so the right of the accused not to say anything that may incriminate themselves, often called the ‘right to silence’. However, if the accused exercises the right to silence, the court may be allowed to draw conclusions about why they chose to remain silent. So there is no absolute right to silence the right to be presumed innocent until proven guilty, which means that it is usually for the prosecution to prove that the defendant is guilty of the offence the right of the accused to be informed promptly of the details of the accusation made against them and in a language they can understand the right to adequate time and facilities to prepare a defence case, including the provision of legal aid where justice requires this, and the right to communicate with a lawyer in good time for the trial the right of the defendant to question prosecution witnesses and to call and examine defence witnesses under the same conditions the right of the defendant to defend themselves or the right to ef fective legal assistance (which must be funded by legal aid if the defendant cannot afford it and it is in the interests of justice for them to have assistance) the right to a free interpreter where the accused cannot understand the language used. 21 Human rights: human lives Is Article 6 relevant to my work? Article 6 will be relevant particularly if you are involved in: • • • • • • • • processing benefits, awards, permits, or licences or if you deal with appeals and decisions decisionmaking procedures in the public sector, for example planning, child care, confiscation of property the work of courts and tribunals. What must a public authority do? Build in the necessary procedures to any process of awards, appeals or decisions to ensure that it meets the Article 6 standard. Ensure that any person who is subject to a decisionmaking process has access to an interpreter if needed. If the original decisionmaking process does not comply with the necessary standard of fairness (perhaps because there was no public hearing) then ensure that there is an appeals process in place which complies with the Article 6 standar d. Ensure that any appeal process is readily available, fair and easily understood. Ensure that adequate time and facilities are given to prepare a defence or an appeal. 22 Part 2 The Convention rights in more detail Article 6 in practice Case study H v United Kingdom (1987) A mother who suffered with mental health problems had her child taken into car e after a safety order was made to protect the child. Shortly after this she married, her mental health improved and she made applications to the courts for staying access and then for care and control, both of which were refused. The court then terminated the mother’s access to the child with a view to putting the child up for adoption. Over a period of two years and seven months, the child’ s mother and her husband persistently but unsuccessfully approached the council seeking to reestablish contact. The council delayed considerably and failed to notify them that the child had already been placed with an adoptive family. An adoption order was subsequently made, which ended all connections between the child and the natural parents. Procedural delays had meant that by the time of the adoption hearing, the child had been with her adoptive par ents for 19 months and the mother had not had access to the child for over thr ee years. The court found that the delay by the council was in br each of Article 6, particularly given the importance of what was at stake and the ‘irr eversibility’ of adoption. Best practice examples A local education authority has produced a ‘good practice guide to decisionmaking’ drawing on principles of good decisionmaking drawn fr om a range of sources including the Human Rights Act. The guide, which is designed for decisionmakers at all levels within the authority, contains a userfriendly checklist of issues to consider and procedures to follow while decisions are being made. (Example provided by the British Institute of Human Rights). A number of planning departments have allowed public participation at planning committees and changes to licensing procedures. (Example taken from the Audit Commission, Human Rights – Improving Public Ser vice Delivery (2003) A borough council has improved its procedures for appeals by appointing an independent chair. (Example taken from the Audit Commission, Human Rights – Improving Public Service Delivery (2003) 23 Article 7 The Convention rights in more detail No punishment without law What does this right mean? • • ••• • • • A person has the right not to be found guilty of a criminal offence for an act or omission they committed at a time when such an action was not criminal. Also, a person cannot be given a punishment which is greater than the maximum penalty available at the time they committed the offence. If, at the time the act or omission was committed, that act was contrary to the general law of civilised nations, then prosecution and punishment for that act may be allowed. This exception allowed for the punishment of war crimes, treason and collaboration with the enemy following World War II. Is Article 7 relevant to my work? Article 7 will be relevant particularly if you are involved in: creating or amending criminal law prosecution of criminal offences disciplinary action that leads to punishment, where the offence falls within the Convention concept of a criminal offence (see Article 6 above). What must a public authority do? Take account of Article 7 when creating/amending criminal legislation. Ensure that offences are clearly defined in law. Ensure that criminal laws and punishments are not applied retrospectively. 24 Part 2 The Convention rights in more detail Article 7 in practice Case study R v Secretary of State for the Home Department, ex parte Uttley (2004) In 1995 a man was convicted of various sexual of fences, including rape. He was sentenced to 12 years’ imprisonment. He was r eleased after serving twothirds of his sentence, subject to licence conditions until thr eequarters of the way through the sentence. However, had he been convicted and sentenced at the time the offences took place, the legal pr ovisions then in force would have entitled him to be r eleased on remission without conditions. He argued that the imposition of licence conditions r endered him subject to a heavier penalty than that which was applicable at the time the criminal of fence was committed, and that this was a br each of Article 7. The House of Lor ds disagreed. They held that Article 7 would only be infringed if a sentence imposed on a defendant exceeded the maximum penalty which could have been imposed under the law in for ce at the time the offence was committed. That was not the case her e because, even at the date of the of fences, the maximum sentence for rape was life imprisonment. Article 7 was not intended to ensure that the offender was punished in the exact same way as would have been the case at the time of the of fence, but merely to ensure that he was not punished more heavily than the maximum penalty applicable at the time of the offence. In any event, the imposition of licence conditions did not r ender the sentence heavier than it would have been under the earlier r egime. 25 Article 8 The Convention rights in more detail Qualified rights: Articles 8 to 11 Right to respect for private and family life What does this right mean? • • • • • Everyone has the right to r espect for their private and family life, their home and their correspondence. This right may be restricted, provided such interference has a proper legal basis, is necessary in a democratic society and pursues one of the following recognised legitimate aims: – national security – public safety – the economic wellbeing of the country – the prevention of disorder or crime – the protection of health or morals – the protection of the rights and freedoms of others. But the interference must be necessary (not just reasonable) and it should not do more than is needed to achieve the aim desired. Key words and meanings Private life – The concept of ‘private life’ is broad. In general, the right to a private life means that a person has the right to live their own life with such personal privacy as is reasonable in a democratic society, taking into account the rights and freedoms of others. Any interference with a person’s body or the way the person lives their life is likely to affect their right to respect for their private life under Article 8. Article 8 rights encompass matters of selfdetermination that may include, for example: freedom to choose one’s own sexual identity freedom to choose how one looks and dresses freedom from intrusion by the media. The right to private life can also include the right to have personal information, such as a person’s official records, photographs, letters, diaries and medical information, kept private and confidential. Any disclosure of personal information about someone to another person or body is likely to af fect a person’s right to their private life under Article 8. Unless there is a very good reason, public authorities should not collect or use information like this; if they do, they need to make sure the information is accurate. Of course, they must also comply with data pr otection legislation. 26 Part 2 The Convention rights in more detail Article 8 places limits on the extent to which a public authority can do things which invade a person’s privacy in relation to their body without their permission. This can include activities such as taking blood samples and performing body searches. In some circumstances, the state must take positive steps to prevent intrusions into a person’s private life by other people. For example, the state may be required to take action to pr otect people from serious pollution where it is seriously affecting their lives. Family life – The right to respect for family life includes the right to have family relationships recognised by the law. It also includes the right for a family to live together and enjoy each other’s company. The concept of ‘family life’ under Article 8 is broader than that defined as ‘the nuclear family’. As such, it can include the relationship between an unmarried couple, an adopted child and the adoptive parent, or a foster parent and fostered child. Home – Everyone has the right to enjoy living in their home without public authorities intruding or preventing them from entering it or living in it. People also have the right to enjoy their homes peacefully. This may mean, for example, that the state has to take positive action so that a person can peacefully enjoy their home, for example, to reduce aircraft noise or to prevent serious environmental pollution. A person’s ‘home’ may include their place of business. A person does not have to own their home to enjoy these rights. Correspondence – Again, the definition of ‘correspondence’ is broad, and can include communication by letter, telephone, fax or email. 27 Human rights: human lives Is Article 8 relevant to my work? Article 8 will be relevant particularly if you are involved in any of the following: • • ••••• • • • • accessing, handling or disclosing personal information entry to properties (including businesses) providing or managing housing surveillance or investigation dealing with families or children immigration and asylum handling environmental issues, such as waste management or pollution provision of medical treatment or social care. What must a public authority do? Always be alert to policies or actions that might interfere with a person’s right to respect for their private and family life, their home and their correspondence. Where possible, a public authority should try to ensure that its policies or decisions do not interfere with someone’s right to respect for private and family life, their home and their correspondence. If a public authority does decide that it is necessary to interfere with someone’s Article 8 rights, it will need to make sure that the policy or action is necessary, pursues one of the recognised legitimate aims and is proportionate to that aim. A public authority may be asked to produce reasons for its decisions. 28 Part 2 The Convention rights in more detail Article 8 in practice Balancing – Article 8 is one of the Convention rights that may require you to strike a balance between a person’s private rights and the needs of other people or society as a whole (see ‘Balancing one person’s rights against those of the community’ on page 56). The right to respect for a person’s private and family life, their home and their correspondence under Article 8 also raises issues in areas such as: • • • • • • • • •• • searches of homes and the use of covert surveillance, such as listening devices family law disputes or asylum cases where there is a risk that a family will be separated the rights of homosexuals (there have also been recent developments in domestic law in this area, such as the Employment Equality (Sexual Orientation) Regulations 2003) the rights of transgender people (which are given effect in domestic law by the Gender Recognition Act 2004) certain aspects of the rights of prisoners employees’ rights to privacy, including the monitoring of emails and telephone calls the imposition of unreasonable mandatory dress codes or drug testing at work the use of CCTV and exchange of data obtained from it the right to refuse medical treatment the rights of egg and sperm donors, and children born as a result of artificial insemination the ability of the media to r eport details of the private lives of famous people. Case study Peck v United Kingdom (2003) A man suffering from depression attempted suicide by cutting his wrists on the street. CCTV cameras filmed him walking down the str eet with the knife. The footage was then published as film and as photographs without his consent and without any attempt to conceal his identity. The European Court of Human Rights held that, although the filming and recording of the incident did not necessarily interfere with the man’s Article 8 rights, the disclosure of the CCTV footage by the local authority constituted a serious interference with Article 8. In this case there were insufficient reasons to justify disclosure of the footage without the man’s consent and without masking his identity. Accordingly, disclosure of the material was a disproportionate interference with his private life. 29 Human rights: human lives Best practice example A physical disabilities team at a local authority decided to provide support workers to facilitate social activities. Residents were taken to a number of social events including visits to pubs and clubs. One service user who was gay asked for a support worker to accompany him to a gay pub but the manager of the scheme refused on the basis that none of his staf f was prepared to attend a gay venue. Following training by BIHR, an advocate working on behalf of the service user realised that human rights arguments based on the right to respect for private life (Article 8) could be used to challenge practices of this sort. (Example provided by the British Institute of Human Rights) Case study Connors v United Kingdom (2004) A family had been settled for about 13 years on a site provided by the council for people with a nomadic lifestyle. The council then evicted them for causing a nuisance, using the summary eviction procedure. The family challenged the council’s decision on the basis that their eviction from the site was an unjustifiable breach of their Article 8 rights. The European Court of Human Rights held that there had been a breach of the right to respect for the home under Article 8. The Court found that the legal framework applying to the occupation of pitches on local authority gypsy sites did not provide the family with sufficient procedural protection of their rights. Special consideration should be given to their needs and their nomadic lifestyle because of the vulnerable position of gypsies in society. Any interference that would render them homeless could not be justifiable unless the public interest grounds were sufficiently weighty. The Court found that there were no such grounds and as such the decision infringed Article 8. 30 Article 9 The Convention rights in more detail Qualified rights: Articles 8 to 11 Freedom of thought, conscience and religion What does this right mean? Article 9 protects people’s rights in relation to a broad range of views, beliefs, thoughts and positions of conscience as well as to their faith in a particular religion. • • • • • • • • The state is never permitted to interfere with a person’s right to hold a particular belief. It can only r estrict their right to manifest a belief (for example, worshipping, teaching, practising and observing their belief either in public or in private). However, the state would have to show that such interference has a proper legal basis, is necessary in a democratic society and pursues one of the following recognised legitimate aims: – public safety – the protection of public order, health or morals – the protection of the rights and freedoms of others. But the interference must be necessary (not just reasonable) and it should not do more than is needed to achieve the aim desired. Is Article 9 relevant to my work? Article 9 will be relevant particularly if you are involved in any of the following: taking decisions that may conflict with someone’s religious beliefs, for example timetabling an examination on a religious holiday detaining or accommodating a person. You must take care to ensure that any interference with their freedom to manifest religious beliefs is proportionate situations where religious organisations provide a service to others. What must a public authority do? Always be alert to policies or actions that might interfere with a person’s right to manifest their religion or belief. Where possible, a public authority should try to ensure that its policies or decisions do not interfere with someone’s right to manifest their religion or belief. If a public authority does decide that it is necessary to interfere with someone’s right to manifest their religion or belief, it will need to make sure that the policy or action is necessary, pursues one of the recognised legitimate aims and is proportionate to that aim. A public authority may be asked to produce reasons for its decisions. 31 Human rights: human lives Article 9 in practice Article 9 is one of the Convention rights that may require you (in relation to the manifestation of beliefs) to strike a balance between a person’s private rights and the needs of other individuals or society as a whole. Under the Human Rights Act the right to freedom of belief under Article 9 may be relevant to areas such as: • • • Case study R (Williamson and others) v Secretary of State for Education and Employment and others (2005) Article 9 was invoked in an attempt to overtur n the ban on corporal punishment of children by teachers. It was claimed that part of the duty of education in the Christian context was that teachers should be able to stand in the place of parents and administer physical punishment to childr en who were guilty of indiscipline. The House of Lords found that the statutory ban pursued a legitimate aim and was proportionate. Children were vulnerable and the aim of the legislation was to protect them and promote their wellbeing. Corporal punishment involved deliberately inflicting physical violence. The legislation was intended to protect children against the distress, pain and other harmful ef fects this infliction of physical violence might cause. the actions of employers and schools to accommodate the Article 9 rights of their employees and pupils, which may include issues relating to time off for religious holidays, uniforms and so on the arrangements made to ensure prisoners can practise their religion how far people can go in trying to encourage others to convert to their religion. 32 Part 2 The Convention rights in more detail Best practice example The Strasbourg Court has found that there is also a right not to be compelled to manifest views associated with a particular religion. So, for instance, care should be taken when devising procedures for the swearing of oaths. A requirement to swear an oath on the Bible would be contrary to Article 9, as would a requirement to swear on any other religious text or in a religious form. Best practice requires the provision of an alternative form of solemn affirmation binding on the conscience of the individual without reliance on religious forms. Case study Pendragon v United Kingdom (1998) A national heritage site traditionally used by druids during the summer solstice was lawfully closed by the authorities. A druid claimed that the authorities had unlawfully interfered with her Article 9 rights. The court disagreed. It found, first, that the authorities had acted in accordance with the law, because they had power to close the site under an Act of Parliament. And second, the reason for closing the site was that they were unable to guarantee the safety of those celebrating the summer solstice. They were therefore acting in the interests of public safety, and the interference was justified. 33 Article 10 The Convention rights in more detail Qualified rights: Articles 8 to 11 Freedom of expression What does this right mean? Key words and meanings • Everyone has the right to hold opinions, Expression – ‘Expression’ can cover and to receive opinions and information holding views or opinions, speaking out without interference by a public loud, publishing articles or books or authority and regardless of frontiers. leaflets, television or radio broadcasting, The right also includes the freedom to producing works of art, communication express views. However, the Article through the internet, some forms of does not prevent states from requiring commercial information and many other the licensing of broadcasting, activities. It can also cover the right to television or cinema enterprises. receive information from others, so you • possess rights both as a speaker and as The right may be subject to formalities, a member of an audience. You can conditions, restrictions or penalties, express yourself in ways that other but these must have a pr oper legal people will not like, or may even find basis. Furthermore, the interference offensive or shocking. However, must be necessary in a democratic offensive language insulting to particular society and pursue one of the racial or ethnic groups would be an following recognised legitimate aims: example of where a lawful restriction on – in the interests of public safety, expression might be imposed. national security or territorial integrity – to prevent disorder or crime Is Article 10 relevant to my – to protect health or morals work? – to protect the reputations or rights of others Article 10 will be relevant particularly if you are involved in any of the following: – to prevent the disclosure of information received in confidence • broadcasting, media and press work – to maintain the authority and • regulation of communications or the impartiality of the judiciary. internet But the interference must be necessary • writing speeches or speaking in public (not just reasonable) and it should not do more than is needed to achieve the • decisions in relation to provision of information, for example to people in aim desired. detention • regulation or policing of political demonstrations. 34 Part 2 The Convention rights in more detail What must a public Article 10 in practice authority do? The right to freedom of expression under Always be alert to policies or actions that might interfere with a person’s right to freedom of expression. Article 10 may be relevant to areas such as political demonstrations, industrial action and ‘whistleblowing’ employees. It has also been very important for Where possible, a public authority the media. The press’s rights under should try to ensure that its policies or Article 10 have come into conflict with decisions do not interfere with celebrities’ rights to privacy under Article someone’s right to freedom of 8 in several high profile cases. In expression. addition, the interaction between Article If a public authority does decide that it is necessary to interfere with 10 and the criminal law has been tested in several cases. someone’s Article 10 rights, it will need to make sure that the policy or action is necessary, pursues one of the recognised legitimate aims and is proportionate to that aim. A public authority may be asked to produce reasons for its decisions. Case study Observer and the Guardian v United Kingdom (1991) The Guardian and the Observer published some excerpts from Peter Wright’s book, Spycatcher, which contained material alleging that MI5 had conducted unlawful activities. The Government succeeded in obtaining an injunction preventing further publication until proceedings relating to a breach of confidence had been concluded. Subsequently the book was published in other countries and then in the UK. The Guardian complained that the continuation of the injunction infringed Article 10. The European Court of Human Rights held that although the injunction was lawful, as it was in the inter ests of national security, once the book had been published, there was insufficient reason for continuing the publication ban. The injunction should have been discharged once the information was no longer confidential. 35 The Convention rights in more detail Qualified rights: Articles 8 to 11 Freedom of assembly Article 11 and association What does this right mean? Key words and meanings Everyone has the right to assemble Freedom of assembly – This applies with other people in a peaceful way, to static meetings, marches, public and the right to associate with other processions and demonstrations. The people, including the right to form a right must be exercised peacefully, trade union. Everyone also has the without violence or the threat of violence, right not to take part in an assembly and in accordance with the law. or join an association if that is their choice. Freedom of association – A person’s right to freedom of association includes: This right may be restricted provided the right to form a political party (or such interference has a proper legal other nonpolitical association such as a basis, is necessary in a democratic trade union or other voluntary gr oup); society and pursues one of the the right not to join and not be a following recognised legitimate aims: member of such an association or other – national security voluntary group. This means that no one can be compelled to join an association – public safety or trade union, for example. Any such – the prevention of disorder or crime compulsion may infringe Article 11. – the protection of health or morals – the protection of the rights and Is Article 11 relevant to freedoms of others. my work? But the interference must be necessary (not just reasonable) and it should not do more than is needed to achieve the Article 11 will be relevant particularly if you are involved in any of the following: aim desired. making decisions regarding public protests, demonstrations or marches industrial relations policy making. 36 Part 2 The Convention rights in more detail What must a public Article 11 in practice authority do? Always be alert to policies or actions that might interfere with a person’s right to freedom of assembly and association. Restrictions – The state is allowed to limit the Article 11 rights of members of the armed forces, police and civil service, provided these limitations can be justified. This is based on the idea that it is a legitimate aim of democratic Where possible, a public authority society for these people to be politically should try to ensure that its policies or neutral, and thus restricted from being decisions do not interfere with closely associated with a particular someone’s freedom of peaceful political cause. assembly and association. If a public authority does decide that it is necessary to interfere with Case study someone’s Article 11 rights, it will need to make sure that the policy or action is necessary, pursues one of the recognised legitimate aims and is proportionate to that aim. A public authority may be asked to produce A group of young men used a shopping centr e in Wellingborough as a meeting and ‘hanging out’ point. The numerous complaints from shoppers and shopowners about the nuisance caused by them sometimes led to police involvement. The local council wr ote to the young reasons for its decisions. men telling them they were banned from the shopping centre. A lawyer for the young men took the case to court, arguing that they had the right to gather wher e they chose. The court disagreed, saying that if the young men had been organising a demonstration, or other kind of peaceful assembly, they could rely on Article 11. As they were simply hanging out in the shopping centr e, Article 11 did not apply. (Case illustration from Watson, J. and Woolf, M., Human Rights Act Toolkit. London: LAG, 2003) 37 Article 12 The Convention rights in more deta Right to marry il • •• • What does this right mean? Men and women have the right to marry and found a family provided they are both of marriageable age, and marriage between two individuals is permitted in national law. This final requirement gives authorities flexibility when placing limitations on marriage. However, the state must not impose limitations which impair the very essence of the right. Is Article 12 relevant to my work? Article 12 will be relevant particularly if you are involved in any of the following: registering marriages making decisions on fertility treatment. What must a public authority do? If a public authority takes a decision that has the effect of interfering with someone’s right to marry or found a family, then it must be particularly careful to ensure that the decision is in accordance with the relevant national law. 38 Part 2 The Convention rights in more detail Article 12 in practice Transgender people – In the case of Goodwin v UK, the European Court of Human Rights interpreted Article 12 as providing postoperative transsexual people with the right to marry in their acquired gender. The Gender Recognition Act now allows transgender people to obtain legal recognition in their new gender, and once they have obtained such recognition they can marry a person of the opposite gender. Case study B & L v the United Kingdom (2005) English law prohibited a parentinlaw from marrying their childinlaw unless both have reached age 21 and both their r espective spouses have died. B was L’s fatherinlaw, and they wished to marry. L’s son treated his grandfather, B, as ‘Dad’. The court accepted the Gover nment’s argument that the legislation had the legitimate aim of protecting the family and any childr en of the couple. However, it nonetheless considered that there had been a violation of the right to marry under Article 12. The prohibition was based primarily on tradition. Ther e was no legal prohibition on a couple in this situation engaging in an extramarital relationship. Moreover, on several occasions couples had obtained exemptions from the prohibition by personal Acts of Parliament. This showed that the objections to such marriages were not absolute. 39 Article 14 The Convention rights in more detail Prohibition of discrimination What does this right mean? Discrimination means treating people differently, without an objective and reasonable justification, on certain prohibited grounds (this is known as direct discrimination). It can also cover situations where the same rule applies to everyone but in practice has gr eater impact on one particular group (this is known as indirect discrimination). Article 14 of the European Convention on Human Rights gives people the right to protection from discrimination in relation to all the other rights guaranteed under the Convention. It means that everyone is entitled to equal access to those rights. People cannot be denied equal access to them on grounds of their personal ‘status’. How does Article 14 work? Article 14 only works to pr otect people from different treatment in exercising their other Convention rights. It does not give people a general right to pr otection from different treatment in all areas of their life. The structure of Article 14 means that a person needs to be able to identify another Convention right in order to make use of the nondiscrimination protection. However, that person does not need to identify an actual br each of the right to claim that he or she has been discriminated against with respect to their enjoyment of it. They simply need to show that the subject matter of the Convention right is activated. On what grounds is discrimination prohibited? Article 14 gives the following as examples of the grounds of discrimination that the Article does not allow: •••••••••• •• ••• sex race colour language religion political or other opinion national or social origin association with a national minority property birth. Importantly, though, Article 14 protects people from discrimination on the grounds of ‘other status’ too. This means that the categories are not closed. The other status ground could therefore be used to protect people from discrimination on the grounds of, for example: sexual orientation whether you were born inside or outside a marriage disability marital status age. 40 Part 2 The Convention rights in more detail Is differential treatment ever acceptable? Differential treatment may be acceptable in some circumstances. It is legitimate to treat people differently based on differences that have nothing to do with their personal status – for example it is lawful to impose a punishment only on people who have been found guilty of a criminal or disciplinary offence, because committing an offence is not one of the protected grounds; it is not a personal status but a historical fact. A public authority is also entitled to treat people differently if there is a relevant difference in their situation, other than a pr ohibited ground. For example it may be legitimate to pay a man more than a woman if he has been employed longer or works in a more skilled or senior position. The difference of treatment here is not on the grounds of sex (which would be a prohibited ground), but on the grounds of skill or seniority (which are not). Where the only difference between people is one of the pr ohibited grounds, a public authority can still treat them differently in a way which is connected with their Convention rights if it can show that it is pursuing a legitimate aim and that the discriminatory treatment is proportionate to the aim. Only good reasons will suffice, especially where the difference in treatment is on grounds of sex or race. This is known as justification. There will be many ways in which Article 14, taken together with another Convention right, can apply to potentially discriminatory situations. For example: • • It might not be a br each of a person’s right to education if the state does not provide a particular kind of teaching. But if the state provides it for boys but not for girls, or for people who speak only a particular language but not another, this could be discrimination in relation to the right to education. If this were the case, the people affected would rely on their rights under Article 14 (nondiscrimination) taken with Protocol 1, Article 2 (education). It is unlikely to be a br each of the right to respect for your property for the state to impose a particular kind of tax – Protocol 1, Article 1 specifically preserves the state’s right to assess and collect tax. But if the s tate taxes some people but not others in the same situation, then it might be a breach of Article 14 in r elation to the right to respect for property. If this were the case, the people af fected would rely on their rights under Article 14 (nondiscrimination) taken with Protocol 1, Article 1 (property). Article 14 has been successfully invoked under the Human Rights Act on behalf of a gay couple who wished to be treated in the same way as a heterosexual couple for the purposes of one partner succeeding to another under a tenancy. 41 Human rights: human lives Is Article 14 relevant to my work? Article 14 will be relevant wherever any of the other Convention rights is in play – even if there is no breach of the other Convention right – particularly in any circumstances where different groups are treated in different ways. What must a public authority do? • • • Case study Lindsay v United Kingdom (1986) A married couple, in which the wife was the sole ear ner, complained that the UK income tax regime had the effect of taxing comparable couples in a discriminatory way on grounds of sex, marital status and r eligion. First, married couples in which the husband was the sole ear ner were taxed more heavily than married couples in which the wife was the sole ear ner. Second, married couples were taxed more heavily than cohabiting couples who wer e not married. The Commission found that the tax measur es which gave extra advantages to a wife who was the ear ner in the family had an objective and reasonable justification in positively encouraging married women to work. The court did not accept that married couples wer e in a similar position to cohabiting couples for the purposes of taxation and Article 14 only pr otects people from discrimination who are less favourably treated compared to others in a similar position. Accordingly, there was no violation of Article 14. Where possible, a public authority should try to ensure that policies or decisions do not involve any form of discrimination on any ground. If it is necessary to treat some people more favourably than others, there must be an objective and reasonable justification for the discrimination. A public authority may be asked to produce reasons for its decisions. Article 14 in practice Positive discrimination occurs when a disadvantaged group is treated more favourably in order to assist them in redressing an existing situation of inequality. Such treatment will still amount to a breach of Article 14, unless a legitimate aim can be demonstrated. Indirect discrimination occurs when a rule that applies equally to everyone results in a disproportionate disadvantage to a particular group, for example a requirement that a job holder must be over six feet tall would exclude more women than men, even though it might be possible for someone below six feet to do the job perfectly well. 42 Part 2 The Convention rights in more detail Best practice examples A local authority has combined human rights training with discrimination training, as both promote respect and dignity equally for all persons. Taking a human rights approach in potential discrimination cases will encourage thinking about the desired outcome from the individual’s point of view rather than just simply ensuring equality of treatment. This should help staff to avoid indirect discrimination. It is sometimes the case that everybody has been treated equally but a small group of individuals suffers a distinct disadvantage. A housing department has taken advice on issues such as discrimination against nonspouses and samesex partners in succession, housing allocation policies, nuisance neighbours and racial harassment. A local council has revised its policy for adult social care services working with asylum seekers to ensure that asylum seekers with special needs are treated fairly and without discrimination. (Examples taken from the Audit Commission, Human Rights – Improving Public Ser vice Delivery (2003) 43 The Convention rights in more detail Protocol 1, Article 1 Protection of property • • • What does this right mean? The protection of property under Protocol 1, Article 1 has three elements to it: A person has the right to the peaceful enjoyment of their property. A public authority cannot take away what someone owns. A public authority cannot impose restrictions on a person’s use of their property. However, a public authority will not breach this right if a law says that it can interfere with, deprive, or restrict the use of a person’s possessions, and it is necessary for it to do so in the public interest. There is a public interest in the Government raising finance, and in punishing crimes, so a person’s rights under Protocol 1, Article 1 are not violated by having to pay taxes or fines. The Article requires public authorities to strike a fair balance between the general interest and the rights of individual property owners. The protection extends to businesses as well as to individuals. When can the state interfere with the use of, or take away, a person’s property? A person has the right to use, develop, sell, destroy or deal with their pr operty in any way they please. The right to protection of property means that public authorities cannot interfere with the way that a person uses their pr operty unless there is a proper legal basis for this interference and such interference is justified. For example, if a public authority plans to build a road over someone’s land, it must have laws in place to let it do this. It must also have a procedure to check that a fair balance has been struck between the public interest in building the road, and the individual’s right to their land. It will not normally be fair to deprive a person of their land unless the person can get proper compensation for it. An interference with a person’s peaceful enjoyment of property may be necessary in the public interest – for example, a compulsory purchase of a person’s property may be necessary, or a certain amount of noise from road traffic may intrude upon a person’s home. 44 Part 2 The Convention rights in more detail Key words and meanings Possessions and property has a wide meaning, including land, houses, leases, money and personal property. It also covers intangible things such as shar es, goodwill in a business, patents and some forms of licences, including those which allow people to exercise a trade or profession. Entitlements to social security benefits are also generally classified as property. Is Protocol 1, Article 1 relevant to my work? Protocol 1, Article 1 will be r elevant particularly if you are involved in: • • • • • • • • work in any area that can deprive people of their possessions or property taking decisions about planning, licensing or allowing people to exercise a trade or profession compulsory purchase. What must a public authority do? Where possible, a public authority should try to ensure that policies or decisions do not interfere with peaceful enjoyment of possessions, restrict the use of possessions or take away possessions. Where this is unavoidable, then the interference must be lawful and necessary in the public interest. If a public authority does decide that it is necessary to interfere with someone’s possessions, there must be an objective and reasonable justification for that. A public authority may be asked to produce reasons for its decisions. Public authorities should take action to secure the right to property, as well as refraining from interfering with it. 45 The Convention rights in more detail Protocol 1, Article 2 Right to education What does this right mean? • • A person has a right not to be denied access to the existing educational system. Parents have a right to make sur e that their religious or philosophical beliefs are respected when public authorities provide education or teaching to their children. Limits on the right to education The general right to education is not an absolute right for a person to lear n whatever they want, wherever they want. The Government has made a special reservation to the Convention in this area so that education provided by the state is limited to the extent that this is compatible with the need to provide an efficient education and the need to avoid unreasonable public expenditure. This means that a person may not have a right to the most expensive form of education if there are cheaper alternatives available, therefore the Government or local education authority must balance the right not to be deprived of an education against the spending limits it imposes. The Government has stressed that the cost of providing education is a relevant factor in making these decisions. Parents cannot stop schools teaching subjects such as sex education if they are reasonable things for the school to teach, and so long as it is not trying to indoctrinate the children. However, parents can remove their children from sex education classes. In a recent case it was also held that the duty under Protocol 1, Article 2 is imposed on the state and not on any particular domestic institution. It does not create a right to be educated in a particular school or a particular manner. Thus, if an expelled pupil is able to have access to efficient education somewhere else, there would be no breach of his or her Convention right. Punishments in schools The right to education does not pr event schools from imposing disciplinary measures on pupils, provided they do not breach any other Convention right (for example ill treatment which is contrary to Article 3). A school that imposes a penalty on a pupil will have to show that such a penalty pursued a legitimate aim (such as punishing cheating or ensuring compliance with school rules), and was proportionate. Penalties imposed may include suspension or exclusion, provided the pupil still has access to alter native state education conforming to the parents’ religious and philosophical convictions. 46 Part 2 The Convention rights in more detail Is Protocol 1, Article 2 What must a public relevant to my work? authority do? It may be relevant, especially if you are • Where possible, a public authority involved in any of the following: should try to ensure that policies or • teaching or school administration decisions do not interfere with the right to education. • providing nonschoolbased education • A public authority may be asked to • education policy produce reasons for its decisions. • provision of funding for schools or • Public authorities should take action other forms of education. to secure the right to education, as well as refraining from interfering with it. Protocol 1, Article 2 in practice Case study Simpson v United Kingdom (1989) Parents of children with special needs can argue that the needs of their child require special facilities that may have to be respected by the educational authorities. However, this is not an absolute right, and the authorities will have discretion as to how they allocate limited r esources. Authorities can legitimately seek to integrate a child with special needs into a mainstream school, even if this is not what the parents want. 47 The Convention rights in more detail Protocol 1, Article 3 Right to free elections What does this right mean? Free elections must be held at reasonable intervals and must be conducted by secret ballot. They must be held in conditions that ensur e that people can freely express who they want to elect. The state can put some limits on the way in which elections ar e held. Also, it can decide what kind of electoral system to have, such as ‘first past the post’ or proportional representation. The right to free elections under Protocol 1, Article 3 applies only to those eligible to vote under the domestic laws. In addition, Article 16 of the Convention provides that nothing in Articles 10, 11 or 14 is to be taken as pr eventing a state from imposing restrictions on the political activity of noncitizens. Is Protocol 1, Article 3 relevant to my work? It may be relevant, particularly if you are involved in: • • • • • exercising decisionmaking powers about voting rights or the right to stand for election arranging elections. What must a public authority do? A public authority must respect the voting rights of individuals. Where possible, a public authority must enable those with a right to vote to use their vote if they wish to do so. Public authorities are required to ensure that elections are conducted freely and fairly. 48 Part 2 The Convention rights in more detail Protocol 1, Article 3 in practice Case study Hirst v United Kingdom (2005) The UK’s absolute statutory bar on convicted prisoners voting in Parliamentary elections was found to be in br each of Article 3 of Pr otocol 1. The court noted that a prisoner by fact of his imprisonment did not lose the protection of the other guarantees under the Convention and that r emoval of the vote cut a prisoner of f even further from the democratic society in which he lived. The blanket ban on all convicted prisoners sentenced to imprisonment was said to be arbitrary in its ef fects and indiscriminate in its application. However, the judgment left open the question of whether a ban limited to imprisonable offences of a certain severity or imposed expr essly by a trial judge based on the facts of a case would be acceptable. 49 Human rights flowchart This flowchart is designed to help you in applying human rights in the workplace. It will be particularly relevant when you are restricting a right – either by balancing one right against another, or when you are balancing the rights of an individual against the interests of the public. It may also be useful when you ar e making decisions or policies that are previously untested. More detail on the questions contained in the flowchart can be found in the succeeding pages. Once you have read those and understand the full meaning of the questions contained in the flowchart, it will be a useful prompt to refer back to when you need to make decisions involving human rights. Guidance and information Part 3 50 Part 3 Guidance and Information 1 1.1 What is the policy/decision title? 1.3 Who will be affected by the policy/decision? 1.2 What is the objective of the policy/decision? 2.1 Flowchart exit Will the policy/decision engage There is no need to continue with this checklist. NO anyone’s Convention rights? However… • be alert to any possibility that your policy may discriminate against anyone in the exercise of a Convention right YES 2.2 • legal advice may still be necessary – if in any Will the policy/decision result in doubt, contact your lawyer NO the restriction of a right? • things may change, and you may need to reassess the situation YES 3.1 Is the right an absolute right? YES NO 3.2 4 The right is a qualified right Is the right a limited right? 4.1 Is there a legal basis for the r estriction? NO AND… 4.2 Does the restriction have a legitimate aim? AND… YES 4.3 Is the restriction necessary in a democratic 3.3 society? AND… Will the right be limited only to 4.4 Are you sure you are not using a sledgehammer the extent set out in the r elevant to crack a nut? Article of the Convention? YES YES NO Policy/decision is likely to be Policy/decision is not likely to be human rights human rights compliant compliant BUT Get legal advice Regardless of the answers to these questions, once human rights are being interfered with in a restrictive manner you should obtain legal advice. And you should always seek legal advice if your policy is likely to discriminate against anyone in the exercise of a Convention right 51 Human rights flowchart explained 1. The policy/operational 2. Human rights impact decision 2.1 Will the policy/decision engage anyone’s Convention rights? These questions cover the basics. They ensure that all the information Here we advise you to r efer to Part about the new policy/decision is in 2 (page 7) of this guide to look one place if someone else in the organisation needs to know about it, perhaps to provide additional help or advice. through all the rights and consider whether or not your policy/decision falls into any of the ar eas that are covered by the Convention rights. 1.1 What is the policy/decision title? This is simply a question of labelling the policy/decision clearly so that it may be r eferred to without confusion. 1.2 What is the objective of the policy/decision? Here you should set out the basic aim of the policy/decision. What are you setting out to achieve? You could break this section down into three sections: • •• Flowchart exit If you decide that no Convention rights are engaged, there is no need to continue along the flowchart. However, there are three further points to note: • First – be alert to any possibility that your policy/decision may discriminate against someone in the protection of a Convention right. • Second – although this checklist is designed to help you identify any potential human rights impact, it may still be necessary to obtain legal advice. For example, the policy/decision may be particularly controversial or you may not be fully certain about whether or not certain human rights have been engaged. • Third – even if you decide that the policy/decision does not engage anyone’s Convention rights, things may change and you may need to reassess the situation. Why is the policy/decision being developed? Why is it needed? What is its purpose? 1.3 Who will be affected by the policy/decision? To answer this you should look back at the objective you are trying to achieve and think about what groups of people are most likely to be affected by it. Answering this question now is important because it will help you at the next stage when you will be asked to decide whether or not the policy/decision has anything to do with human rights. Knowing who is affected by the policy/decision will help you answer this question. For example, if you ar e dealing with families, this might raise the question of whether the right to respect for private and family life, protected in Article 8, is involved. 52 Part 3 Guidance and Information 2.2 Will the policy/decision result in the restriction of a right? If you decide that your policy/ decision might engage a Convention right, the next step is to look at the nature of this engagement. Will the policy/ decision restrict or limit any of the rights it engages? If so, you should log details of how the right is interfered with or limited. You should remember that interference with a right may not always simply consist of an action that is not compatible with Convention rights; it may also be a failure to take action where a right places a positive obligation on public authorities to take action to preserve a right. Once you have made your assessment, if you decide that although a right is engaged, the policy will not result in any restriction on that right, or that you are not under a positive obligation to act differently, then you may exit the flowchart, bearing in mind the points mentioned above in the ‘Flowchart exit’ box. If, however, you do decide that there is a danger of Convention rights being restricted, it will be necessary to proceed to the next section. 3. Types of right 3.1 Is the right an absolute right? If the right you are proposing to restrict is absolute, it may not be restricted, and any attempt to do so will be incompatible with the Convention. The prohibition of torture and inhuman or degrading treatment or punishment (Article 3), slavery and forced labour (Article 4) and retroactive laws (Article 7) are all absolute rights and may not be limited in any way. So is the right to hold particular beliefs (the first part of Article 9) and the abolition of the death penalty (Protocol 13). 3.2 Is the right a limited right? If the right you are proposing to restrict is limited, it may be restricted within the terms set out in the relevant Article. The terms will be different for different rights and they have been explained in r elation to the individual rights in Part 2 of this guide. For example, there are six instances where the right to liberty and security set out in Article 5 may be lawfully restricted. These are set out in the section dealing with Article 5 in Part 2 of this guide (see page 15). One example is after conviction by a competent court. There are also some rights where there is no limitation mentioned in the text of the Convention, but where limitations have been read in through decisions of the European Court of Human Rights. For example, the courts have read in some limitations on the right to vote and stand for office (Protocol 1, Article 3). 3.3 Will the right be limited only to the extent set out in the r elevant Article of the Convention? If you decide that you ar e trying to restrict either an absolute or limited 53 Human rights: human lives right, you may exit the flowchart at this point. However, you should consider your policy/decision further because it will either not be compliant with the Convention (if it restricts an absolute right), or you will need to check that your r estriction is provided for in the text of the Article (if it restricts a limited right). If you are restricting a qualified right, then you will need to continue using the flowchart. 4. Qualified rights In the case of qualified rights, the fact that a policy/decision restricts the right does not necessarily mean that it will be incompatible with the Convention. If a restriction has a legitimate aim, such as public safety, and the restriction itself does not go any further than absolutely necessary to protect this aim, then it is likely that it will be compatible with the Convention. The Convention recognises that there are situations where a state must be allowed to decide what is in the best interests of its citizens, and enables a state, or a public authority acting on behalf of the state, to restrict people’s rights accordingly. The following questions will help you to determine whether or not your policy/decision falls within this category of accepted restrictions. 4.1 Is there a legal basis for the restriction? Any restriction must have a clear legal basis. The restriction must be set out in law, or in rules or guidance, and it must be communicated effectively to ensure that people to whom it applies can find out about it. This will allow them to prepare to change their behaviour in good time if they ar e required to do so. That might mean making guidance or other rules publicly available, perhaps via the internet, via other partner organisations, or through crossagency working. 4.2 Does the restriction have a legitimate aim? If you are restricting rights, you will need to identify a legitimate aim that you are trying to achieve. A legitimate aim is one that is set out in the text of the articles themselves, such as public safety, the protection of public order, national security or protection of the rights or freedoms of others. You will find legitimate aims for restricting rights listed in the sections relating to each article in Part 2 of this guide. If the aim that you want to achieve does not fall within one of those listed in the text of the Article, it is likely that the restriction will not be legitimate. You should seek legal advice. 54 Part 3 Guidance and Information 4.3 Is the restriction necessary in a democratic society? For a restriction to be necessary in a democratic society there must be a rational connection between the legitimate aim to be achieved and the policy/decision that restricts a person’s rights. It is not suf ficient to put forward a legitimate aim if, in fact, the restriction will not make a real difference in achieving that aim. 4.4 Are you sure you are not using a sledgehammer to crack a nut? A policy/decision should be no more restrictive than it needs to be in order to achieve its objective. This is called ‘proportionality’. For example, a blanket application of a policy/decision to everyone concerned will often be considered disproportionate, as it does not take into account individual circumstances, and the individual rights of each person affected. It will have the effect of imposing restrictions in circumstances where they are not really needed. Look at the objectives you identified at paragraph one of this section, and box 1 of the flowchart, and ask yourself whether the objectives can be achieved only by the policy/decision you are proposing. Ask yourself if there is any other less restrictive way of achieving the desired outcome. If there is another less restrictive way of achieving the desired outcome, but you decide not to adopt it, you will need to be prepared to say why you have made that choice. Your reasons will have to be good ones. Exiting the flowchart Even if you conclude that the policy/decision does not infringe one of the other Articles of the Convention, you will need to consider whether it discriminates against anyone in relation to the exercise of their Convention rights, contrary to Article 14. See page 40 for further details of the issues to be considered in relation to Article 14. You should think about the diversity of customers, staff and service users that your organisation works with. You must consider whether the restriction applies only to a particular group or class of people defined by one of the statuses discussed in relation to Article 14 (see page 40). Any differential impact should be noted, even if it is unintentional. Indirect impact also needs to be considered, for example where the restriction applies in principle to everyone but would have a particularly heavy impact on a particular group or class who would find it harder to comply. If you decide that your r estriction does apply unequally in the way a Convention right is enjoyed or protected, you will 55 Human rights: human lives need to decide whether or not the differential treatment is justified. The approach here is rather similar to that applied in relation to the qualified rights (see above). It is necessary to consider: • • • • • • whether the differential treatment is in pursuit of a legitimate aim? whether the differential treatment is proportionate to that aim (i.e. is ther e no less discriminatory way of achieving the aim)? If the answer to both these questions is ‘yes’, then it is likely that dif ferential treatment will be justified. The case studies in the r elevant section of Part 2 will help you when working through this. Points to remember It will be useful to bear in mind the following points when reading this guide and also when applying human rights in the workplace: Whilst some rights conferred by the Convention are absolute (for example the right not to be subjected to tortur e or inhuman or degrading treatment or punishment), in general the rights of one person cannot be used to ‘trump’ the right of the general public to be kept safe from a real risk of serious injury or loss of life. More than one right may be r elevant to a given situation. Always be aware of other existing guidance that may be relevant to the decision or policy that you are developing, and consider how it fits in. If you are unsure, or a matter is particularly complex, consider seeking legal advice if necessary. You should always take legal advice if you ar e proposing to interfere with Convention rights in a way which is r estrictive, or if you have any concer n that complying with human rights is putting other important policy goals such as public safety at risk. Balancing one person’s rights against those of the community The fact that a policy/decision r estricts a Convention right does not necessarily mean that it will be incompatible with the Convention. It is a fundamental responsibility of the state – arising from Article 2 of the Convention itself – to take appropriate steps to protect the safety of its citizens. The state also needs to take into account other general interests of the community. So while some rights conferred by the Convention are absolute (for example the right not to be subjected to torture or inhuman or degrading treatment or punishment), others are either limited or qualified in the way described in this guide. In particular, the rights in Articles 8 to 11 56 Part 3 Guidance and Information can be restricted where it is necessary and proportionate to do so in or der to achieve a legitimate aim. Provided a restriction of such a right has a legitimate aim, such as public safety, and the restriction itself does not go any further than necessary to protect this aim, then it is likely that it will be compatible with the Convention. In this way the Convention recognises that there are certain situations where a state is allowed to restrict individual rights in the best interests of the wider community. Three types of rights Not all the Convention rights operate in the same way. Some are ‘absolute’ while others are ‘limited’ or ‘qualified’ in natur e. Absolute rights: States cannot opt out of these rights under any circumstances – not even during war or public emer gency. There is no possible justification for interference with them and they cannot be balanced against any public inter est. Examples of absolute rights are the prohibition of torture and inhuman or degrading treatment in Article 3, and the prohibition of slavery in Article 4(1). Limited rights: These are rights that are not balanced against the rights of others, but which are limited under explicit and finite circumstances. An example is the right to liberty and security in Article 5. Qualified rights: These are rights that can be interfered with in order to protect the rights of other people or the public interest. An interference with qualified rights may only be justified where the state can show that the restriction: • • • is lawful – this means that it is in accordance with the law, which must be established, accessible and sufficiently clear has a legitimate aim – the r estriction must pursue a permissible aim as set out in the relevant Article. Public authorities may only rely on the expressly stated legitimate aim when restricting the right in question. Some of the protected interests are: national security, the protection of health and morals, the prevention of crime, and the protection of the rights of others is necessary in a democratic society – the restriction must fulfil a pressing social need and must be proportionate to that need. Proportionality The principle of proportionality is at the heart of how the qualified rights ar e interpreted, although the word itself does not appear anywhere in the text of the Convention. The principle can perhaps most easily be understood by the saying ‘Don’ t use a sledgehammer to crack a nut’. When taking decisions that may affect any of the qualified rights, a public authority must interfere with the right as little as possible, only going as far as is necessary to achieve the desired aim. 57 Human rights: human lives It may prove useful to ask the following questions to determine whether a restrictive act is proportionate or not: • • • • • • • Case study A blanket policy was established to allow prison officers to search the correspondence of all prisoners (without them being present) for security purposes. While the prisoners did not claim that legal correspondence should be immune from such examination, they argued that the search should take place in their presence. They feared that prison officers might do more than just briefly examine the legal documents and this might inhibit the willingness of prisoners to communicate freely with legal advisers. The prison service claimed that if the prisoners were present, they might intimidate staff or disrupt the search. The courts held that a blanket policy preventing prisoners from being present was disproportionate because a less restrictive, but equally effective, alternative existed which would allow prisoners to be present unless there was a justification for excluding them. What is the problem that is being addressed by the restriction? Will the restriction in fact lead to a reduction in that problem? Does a less restrictive alternative exist, and has it been tried? Does the restriction involve a blanket policy or does it allow for dif ferent cases to be treated differently? Has sufficient regard been paid to the rights and interests of those affected? Do safeguards exist against error or abuse? Does the restriction in question destroy the very essence of the Convention right at issue? The following case study, based on the case of R v Secretary of State for the Home Department ex parte Daly (2001), illustrates these principles. 58 The margin of appreciation The European Court of Human Rights has also accepted that there are areas in which national authorities are better placed than the Court to decide what is best for those within their jurisdiction, and so to apply the Convention rights in their own way. This is particularly so where circumstances require rights to be balanced against national security, or wider economic and social needs, for example. This is referred to as the margin of appreciation. Whether the Court allows a wide or narrow margin of appreciation depends on the nature of the right in question and the extent to which views on the issue diverge among the countries which have signed up to the Convention. This in turn means that decisions of the Court may change over time to keep pace with changing conditions in the signatory states – for this reason the Convention is called a ‘living instrument’. It means that even where the European Court of Human Rights has ruled that a practice or policy is within a state’s margin of appreciation, this may change in the future if a new consensus evolves across a sufficient number of countries. Although the margin of appreciation concerns the attitude of the European Court of Human Rights to decisions taken in individual states, courts in the UK have developed a similar approach when considering decisions made by public authorities in the UK. They will allow public authorities a degree of latitude in making decisions, particularly where the public authority is in a better position than the court to assess the issue (for example issues relating to social policy or allocation of resources). However, the courts will be mor e willing to intervene on issues such as discrimination or fair procedures. This idea is sometimes known as ‘deference’ but is better referred to as the concept of a ‘discretionary area of judgement’. Positive obligations Most of the Convention is concer ned with things that the state must not do, and puts states under an obligation to refrain from interfering with a right. However, the Court has decided that in order to make the Convention ef fective, a number of rights also place positive obligations on states. These require the state to take action to pr event the breach of a right. For example, Article 2 can create a positive obligation to take steps to protect members of the public, for example where a public authority is aware of a real and imminent threat to someone’s life, or where a person is under the care of a public authority. 59 Human rights: human lives Frequently asked questions What does the Human Rights Act do? It makes the human rights contained in the European Convention on Human Rights enforceable in UK law. This means that it is unlawful for a public authority to act in a way that is incompatible with a Convention right. A person who feels that one or mor e of their rights has been breached by a public authority can raise that human rights issue in the appropriate court or tribunal. If the person is unhappy with the court’s decision and has pursued the matter as far as it can go in the UK, they may take their complaint to the European Court of Human Rights, an institution set up by the Convention and based in Strasbourg, France. Do judges now have more power than elected politicians? The simple answer is no. Judges must interpret legislation as far as possible in a way that is compatible with the Convention rights. If this is not possible courts can strike down incompatible secondary legislation, or can make a declaration of incompatibility in relation to primary legislation. They cannot strike down primary legislation. What difference does the Human Rights Act make? The principal effect of the Human Rights Act is to enable people to enfor ce their human rights in the domestic courts. The Human Rights Act should mean that people across society are treated with respect for their human rights, promoting values such as dignity, fairness, equality and respect. Are human rights relevant to every decision I make? The short answer to this is no. Many everyday decisions taken in the workplace are not affected by human rights. However, by understanding human rights properly you are more likely to know when human rights ar e relevant and when they are not. This should help you to make decisions mor e confidently, and ensure that your decisions are sound and fair. What is a public authority? The Human Rights Act says that persons carrying out certain functions of a public nature will fall within the definition of a public authority. The courts are still deciding exactly what this means. The following are definitely public authorities: •••••• •• central government courts and tribunals local government planning inspectorate executive agencies police, prison and immigration services statutory regulatory bodies NHS Trusts. This list is not exhaustive. If you ar e unsure whether or not you work in a public authority you should check with your line manager. However, if you are reading this document, it is likely that you do work for a public authority. In any event, following human rights standards, even in matters not strictly covered by the ambit of the Human Rights Act, will be good practice. 60 Do all new laws have to be compatible with the Human Rights Act? When a Minister introduces a Bill to Parliament they are required to confirm in writing that, in their view, the Bill is compatible with Convention rights, or that they are unable to say that it is compatible but that they wish to proceed with the Bill anyway. Therefore it is possible for new legislation to be incompatible. Are all Convention rights guaranteed, whatever the circumstances? Not all Convention rights are formulated in the same way. While some rights are protected absolutely, such as the right to be free from torture, others are limited in certain defined situations, or qualified so as to take account of the rights of others or the interests of wider society. This is explained in greater detail in Part 3 of this guide. Who can bring a case under the Human Rights Act? Any ‘victim’ can do so. It is not necessary to be a UK citizen. Anyone bringing proceedings must be directly affected by an act or omission of a public authority. Is any other guidance on the Human Rights Act available? For further information about human rights and the Act, we recommend: • • • Guide to the Human Rights Act produced by the Ministry of Justice, available for download on our website: www.justice.gov.uk/about/docs/ act-studyguide.pdf You will also find human rights guides in most bookshops. One such publication is the Human Rights Toolkit, by Jenny Watson and Mitchell Woolf, published by the Legal Action Group. This provides a more detailed practical guide to the Human Rights Act and its impact on public authorities. At page 63 we have listed some useful contacts and organisations for further advice and guidance. 61 Jargon buster Human Rights Act: Margin of appreciation: The Human Rights Act 1998. Came into This is the degree of discretion allowed force on 2nd October 2000. It makes to the state by the Eur opean Court of certain rights contained in the European Human Rights when interpreting and Convention on Human Rights applying Convention rights. enforceable in UK law. These rights are Public authority: called ‘the Convention rights’ and they are set out in Part 2 of this handbook. This includes all government departments and other ‘core’ public The Convention: authorities such as: The European Convention on Human Rights and Fundamental Freedoms. • central government Treaty of the Council of Eur ope that • courts and tribunals came into force 3rd September 1953. • local government Signed by the UK on 4th November 1950. Ratified by the UK on 8th Mar ch 1951. • planning inspectorate Articles: • executive agencies The Convention is divided up into • police, prison and immigration services Articles. Article 1 is introductory whilst statutory regulatory bodies each of the Articles from 2 to 12 and • Article 14 detail a different human right • NHS Trusts. or freedom. Most other Articles of the Outside this, private organisations Convention deal with procedural issues. whose functions are of a public nature Each of the Protocols is also divided up are included in relation to those public into Articles. functions. Protocol: Ratify: These are additions or amendments to Ratification is the process by which a the original Convention. They may be member state adopts and agrees to be signed and ratified by parties to the bound by an international treaty. Convention and are effective as if they were part of the original Convention. The Victim: UK has not signed all of the Pr otocols. A victim is someone who is or would be Legitimate aim: directly affected by an act or an omission of a public body. Any interference with a qualified right for the relevant purpose of safeguarding an interest set out in the Article pursues a legitimate aim. Proportionality: This is best defined as not using a sledgehammer to crack a nut. Any restriction must go no further than is necessary in a democratic society to achieve the legitimate aim. 62 Ministry of Justice Human Rights Division 102 Petty France Post point 7.23 London SW1H 9AJ Tel: 020 3334 3734 Email: humanrights@justice.gsi.gov.uk Equality and Human Rights Commission Helpline Wales Freepost RRLR-UEYB-UYZL 3rd Floor 3 Callaghan Square Cardiff CF10 5BT 0845 604 8810 - Wales main number 0845 604 8820 - Wales textphone 0845 604 8830 - Wales fax Monday - Friday 9:00 am - 5:00 pm The Northern Ireland Human Rights Commission Temple Court 39 North Street Belfast BT1 1NA Tel: 028 90 243987 Equality and Human Rights Commission Helpline Freepost RRLL-GHUX-CTRX Arndale House Arndale Centre Manchester M4 3AQ 0845 604 6610 - England main number 0845 604 6620 - England textphone 0845 604 6630 - England fax Monday - Friday 9:00 am-5:00 pm Equality and Human Rights Commission Helpline Scotland Freepost RRLL-GYLB-UJTA The Optima Building 58 Robertson Street Glasgow G2 8DU 0845 604 5510 - Scotland main 0845 604 5520 - Scotland textphone 0845 604 5530 - Scotland - fax Monday - Friday 9:00 am - 5:00 pm British Institute of Human Rights King’s College London 7th Floor 39 Melbourne House 46 Aldwych BT1 1NA London WC2B 4LL Tel: 020 7848 1818 Email: info@bihr.org.uk Useful websites DCA: www.humanrights.gov.uk The British Institute of Human Rights: www.bihr.org/ European Court of Human Rights: www.echr.coe.int/echr. Here you can use HUDOC to search for case law of this court. Joint Committee on Human Rights (Houses of Parliament): www.parliament.uk/parliamentary_committees/joint_committee_on_human_rights.cfm Liberty: www.libertyhumanrights.org.uk/ Justice: www.justice.org.uk See the case sheets at the NHSLA site: www.nhsla.com/Publications Disability Rights Commission: www.drcgb.org/ Commission for Racial Equality: www.cre.gov.uk/ Equal Opportunities Commission: www.eoc.org.uk/ United Nations: www.un.org 64 To order more copies of this free publication: Tel: 0845 601 0540 (calls charged at local rate) Fax: 020 8867 3225 Email: humanrights@ecgroup.co.uk You can also order free copies of Making sense of humam rights: A short introduction (summary booklet and DVD), DCA 45/06, fr om the same address. DCA 55/06 © Crown copyright October 2006 Printed on paper comprising a minimum of 75% postconsumer waste To request alternative format versions, tel: 020 3334 3734 Produced by the Ministry of Justice

Eletric charge
Electric charge is the physical property of matter that causes it to experience a force when close to other electrically charged matter. There are two types of electric charges – positive and negative. Positively charged substances are repelled from other positively charged substances, but attracted to negatively charged substances; negatively charged substances are repelled from negative and attracted to positive. An object will be negatively charged if it has an excess of electrons, and will otherwise be positively charged or uncharged. TheSI derived unit of electric charge is the coulomb (C), although in electrical engineering it is also common to use the ampere-hour (Ah), and in chemistry it is common to use the elementary charge (e) as a unit. The symbol Q is often used to denote a charge. The study of how charged substances interact is classical electrodynamics, which is accurate insofar as quantum effects can be ignored. The electric charge is a fundamental conserved property of some subatomic particles, which determines their electromagnetic interaction. Electrically charged matter is influenced by, and produces, electromagnetic fields. The interaction between a moving charge and an electromagnetic field is the source of the electromagnetic force, which is one of the four fundamental forces (See also: magnetic field). Twentieth-century experiments demonstrated that electric charge is quantized; that is, it comes in integer multiples of individual small units called the elementary charge, e, approximately equal to 1.602×10−19 coulombs (except for particles called quarks, which have charges that are integer multiples of e/3). The proton has a charge of e, and the electron has a charge of −e. The study of charged particles, and how their interactions are mediated by photons, is quantum electrodynamics. Contents [hide] 1 Overview 2 History 3 Static electricity and electric current 3.1 Electrification by friction 4 Properties 5 Conservation of electric charge 6 See also 7 References 8 External links Overview[edit]

Diagram showing field lines and equipotentialsaround an electron, a negatively charged particle. In an electrically neutral atom, the number of electrons is equal to the number of protons (which are positively charged), resulting in a net zero overall charge Charge is the fundamental property of forms of matter that exhibit electrostatic attraction or repulsion in the presence of other matter. Electric charge is a characteristic property of many subatomic particles. The charges of free-standing particles are integer multiples of the elementary charge e; we say that electric charge is quantized. Michael Faraday, in his electrolysis experiments, was the first to note the discrete nature of electric charge. Robert Millikan's oil-drop experiment demonstrated this fact directly, and measured the elementary charge. By convention, the charge of an electron is −1, while that of a proton is +1. Charged particles whose charges have the same sign repel one another, and particles whose charges have different signs attract.Coulomb's law quantifies the electrostatic force between two particles by asserting that the force is proportional to the product of their charges, and inversely proportional to the square of the distance between them. The charge of an antiparticle equals that of the corresponding particle, but with opposite sign. Quarks have fractional charges of either −1⁄3 or +2⁄3, but free-standing quarks have never been observed (the theoretical reason for this fact is asymptotic freedom). The electric charge of a macroscopic object is the sum of the electric charges of the particles that make it up. This charge is often small, because matter is made of atoms, and atoms typically have equal numbers of protons and electrons, in which case their charges cancel out, yielding a net charge of zero, thus making the atom neutral. An ion is an atom (or group of atoms) that has lost one or more electrons, giving it a net positive charge (cation), or that has gained one or more electrons, giving it a net negative charge (anion). Monatomic ions are formed from single atoms, while polyatomic ions are formed from two or more atoms that have been bonded together, in each case yielding an ion with a positive or negative net charge.

Electric field induced by a positive electric charge (left) and a field induced by a negative electric charge (right). During the formation of macroscopic objects, usually the constituent atoms and ions will combine in such a manner that they form structures composed of neutral ionic compoundselectrically bound to neutral atoms. Thus macroscopic objects tend toward being neutral overall, but macroscopic objects are rarely perfectly net neutral. There are times when macroscopic objects contain ions distributed throughout the material, rigidly bound in place, giving an overall net positive or negative charge to the object. Also, macroscopic objects made of conductive elements, can more or less easily (depending on the element) take on or give off electrons, and then maintain a net negative or positive charge indefinitely. When the net electric charge of an object is non-zero and motionless, the phenomenon is known as static electricity. This can easily be produced by rubbing two dissimilar materials together, such as rubbingamber with fur or glass with silk. In this way non-conductive materials can be charged to a significant degree, either positively or negatively. Charge taken from one material is moved to the other material, leaving an opposite charge of the same magnitude behind. The law of conservation of charge always applies, giving the object from which a negative charge has been taken a positive charge of the same magnitude, and vice-versa. Even when an object's net charge is zero, charge can be distributed non-uniformly in the object (e.g., due to an external electromagnetic field, or bound polar molecules). In such cases the object is said to be polarized. The charge due to polarization is known as bound charge, while charge on an object produced by electrons gained or lost from outside the object is called free charge. The motion of electrons in conductive metals in a specific direction is known as electric current. 6.242×1018 e(e is the charge of a proton). Hence, the charge of an electron is approximately −1.602×10−19 C. The coulomb is defined as the quantity of charge that has passed through the cross section of an electrical conductor carrying one ampere within one second. The symbol Q is often used to denote a quantity of electricity or charge. The quantity of electric charge can be directly measured with an electrometer, or indirectly measured with a ballistic galvanometer. After finding the quantized character of charge, in 1891 George Stoney proposed the unit 'electron' for this fundamental unit of electrical charge. This was before the discovery of the particle byJ.J. Thomson in 1897. The unit is today treated as nameless, referred to as "elementary charge", "fundamental unit of charge", or simply as "e". A measure of charge should be a multiple of the elementary charge e, even if at large scales, charge seems to behave as a real quantity. In some contexts it is meaningful to speak of fractions of a charge; for example in the charging of acapacitor, or in the fractional quantum Hall effect. History[edit]

Coulomb's torsion balance As reported by the ancient Greek philosopher Thales of Miletus around 600 BC, charge (or electricity) could be accumulated by rubbing fur on various substances, such as amber. The Greeks noted that the charged amber buttons could attract light objects such as hair. They also noted that if they rubbed the amber for long enough, they could even get an electric spark to jump. This property derives from the triboelectric effect. In 1600, the English scientist William Gilbert returned to the subject in De Magnete, and coined the New Latin word electricus from ηλεκτρον (elektron), the Greek word for "amber", which soon gave rise to the English words "electric" and "electricity." He was followed in 1660 by Otto von Guericke, who invented what was probably the first electrostatic generator. Other European pioneers were Robert Boyle, who in 1675 stated that electric attraction and repulsion can act across a vacuum; Stephen Gray, who in 1729 classified materials as conductors and insulators; and C. F. du Fay, who proposed in 1733[1] that electricity comes in two varieties that cancel each other, and expressed this in terms of a two-fluid theory. When glass was rubbed with silk, du Fay said that the glass was charged with vitreous electricity, and, when amber was rubbed with fur, the amber was said to be charged with resinous electricity. In 1839, Michael Faraday showed that the apparent division between static electricity, current electricity, andbioelectricity was incorrect, and all were a consequence of the behavior of a single kind of electricity appearing in opposite polarities. It is arbitrary which polarity is called positive and which is called negative. Positive charge can be defined as the charge left on a glass rod after being rubbed with silk.[2] One of the foremost experts on electricity in the 18th century was Benjamin Franklin, who argued in favour of a one-fluid theory of electricity. Franklin imagined electricity as being a type of invisible fluid present in all matter; for example, he believed that it was the glass in a Leyden jar that held the accumulated charge. He posited that rubbing insulating surfaces together caused this fluid to change location, and that a flow of this fluid constitutes an electric current. He also posited that when matter contained too little of the fluid it was "negatively" charged, and when it had an excess it was "positively" charged. For a reason that was not recorded, he identified the term "positive" with vitreous electricity and "negative" with resinous electricity. William Watson arrived at the same explanation at about the same time. Static electricity and electric current[edit] Static electricity and electric current are two separate phenomena, both involving electric charge, and may occur simultaneously in the same object. Static electricity is a reference to the electric charge of an object and the related electrostatic discharge when two objects are brought together that are not at equilibrium. An electrostatic discharge creates a change in the charge of each of the two objects. In contrast, electric current is the flow of electric charge through an object, which produces no net loss or gain of electric charge. Electrification by friction[edit] Further information: triboelectric effect Let a piece of glass and a piece of resin, neither of which exhibiting any electrical properties, be rubbed together and left with the rubbed surfaces in contact. They will still exhibit no electrical properties. Let them be separated. They will now attract each other. If a second piece of glass be rubbed with a second piece of resin, and if the piece be then separated and suspended in the neighbourhood of the former pieces of glass and resin, it may be observed: that the two pieces of glass repel each other. that each piece of glass attracts each piece of resin. that the two pieces of resin repel each other. These phenomena of attraction and repulsion are called electrical phenomena, and the bodies that exhibit them are said to be 'electrified', or to be 'charged with electricity'. Bodies may be electrified in many other ways, as well as by friction. The electrical properties of the two pieces of glass are similar to each other but opposite to those of the two pieces of resin: The glass attracts what the resin repels and repels what the resin attracts. If a body electrified in any manner whatsoever behaves as the glass does, that is, if it repels the glass and attracts the resin, the body is said to be 'vitreously' electrified, and if it attracts the glass and repels the resin it is said to be 'resinously' electrified. All electrified bodies are found to be either vitreously or resinously electrified. It is the established convention of the scientific community to define the vitreous electrification as positive, and the resinous electrification as negative. The exactly opposite properties of the two kinds of electrification justify our indicating them by opposite signs, but the application of the positive sign to one rather than to the other kind must be considered as a matter of arbitrary convention, just as it is a matter of convention in mathematical diagram to reckon positive distances towards the right hand. No force, either of attraction or of repulsion, can be observed between an electrified body and a body not electrified.[3] Actually, all bodies are electrified, but may appear not to be so by the relative similar charge of neighboring objects in the environment. An object further electrified + or – creates an equivalent or opposite charge by default in neighboring objects, until those charges can equalize. The effects of attraction can be observed in high-voltage experiments, while lower voltage effects are merely weaker and therefore less obvious. The attraction and repulsion forces are codified by Coulomb's Law (attraction falls off at the square of the distance, which has a corrolary for acceleration in a gravitational field, suggesting that gravitation may be merely electrostatic phenomenon between relatively weak charges in terms of scale). See also the Casmir effect. We now know that the Franklin/Watson model was fundamentally correct. There is only one kind of electrical charge, and only one variable is required to keep track of the amount of charge.[4]On the other hand, just knowing the charge is not a complete description of the situation. Matter is composed of several kinds of electrically charged particles, and these particles have many properties, not just charge. The most common charge carriers are the positively charged proton and the negatively charged electron. The movement of any of these charged particles constitutes an electric current. In many situations, it suffices to speak of the conventional current without regard to whether it is carried by positive charges moving in the direction of the conventional current and/or by negative charges moving in the opposite direction. This macroscopic viewpoint is an approximation that simplifies electromagnetic concepts and calculations. At the opposite extreme, if one looks at the microscopic situation, one sees there are many ways of carrying an electric current, including: a flow of electrons; a flow of electron "holes" that act like positive particles; and both negative and positive particles (ions or other charged particles) flowing in opposite directions in an electrolytic solution or a plasma. Beware that, in the common and important case of metallic wires, the direction of the conventional current is opposite to the drift velocity of the actual charge carriers, i.e., the electrons. This is a source of confusion for beginners.

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Very poor Poor Good Very good Excellent based on 27 ratings Author: Erin Bjornsson Topics Science Fair Project Ideas, Fifth Grade, Physics Have you ever wondered why oil heats up so quickly in a pan, but water takes so long to boil? Heat, which is the exchange of energy between a system and its surroundings, occurs in three major ways: conduction, convection and radiation. Conduction is heat transfer through touch (physical contact between molecules). The hotter molecules are, the faster they move around and transfer their energy to other molecules. Convection is heat transfer through fluid flow, like when hot water is poured over ice or when cool air is blown over your warm soup. Radiation occurs when an object releases heat in the form of electromagnetic rays. An object’s heat capacity describes the amount of heat required to change the temperature of that object by a certain amount. Specific heat is the amount of heat required to change the temperature of a substance by one degree (generally °C). Liquids absorb heat in different ways. The temperature change in a particular liquid heated by conduction may not be the same trend of temperature change for the same liquid heated by radiation. Problem: How do different liquids absorb heat? Materials Water Salt water Olive oil Liquid soap Jars (however many liquids you have) Digital hot plate Digital thermometer Microwave Stopwatch Labeling tape Marker Any other liquid you want to test Preparation A night before you do your heat testing, measure a ½-cup of liquid into each jar and label it accordingly. You should have 2 jars for each liquid. Set the jars aside so they will all be the same temperature when you test them the next day. Procedure Microwave Testing Record the initial temperature of the liquid you are testing. Make sure to record your temperatures in °C. Place the jar with your first liquid in the microwave and heat on full power for 30 seconds. Record the temperature and any observations. Repeat step 2 several more times, recording the temperature and any observations each time. Be careful, the glass jar will get hot! Ask an adult to help you remove the jar from the microwave. Repeat steps 1-3 for your second liquid. Hot Plate Testing Set the hotplate to 80°C. Record the initial temperature of the liquid you are testing. Place the jar on the hot plate and start the stopwatch. Record the temperature of the liquid every 2 minutes for 20 minutes. Record any observations. Be careful of the hot glass and liquid! Repeat steps 1-5 for your second liquid. Plot Your Data: Graph each set of data with temperature on the y-axis and time on the x-axis. What do your plots tell you? Results Microwaves are better at heating polar liquids, like water. Oils are very non-polar. Olive oil will heat up faster on the hotplate than water will. Water will still heat slower than olive oil when placed in the microwave, but your graphs should have indicated that water heats up faster in the microwave than it does on the hot plate. Why? For both the hot plate and the microwave, olive oil will heat up faster than water because the heat capacity of oil is lower than the heat capacity of water. Water requires more energy per gram of liquid to change its temperature. Because the input of the heat from the hotplate and the microwave is the same across trials, and water takes longer to heat up to a given temperature than olive oil, we can conclude the water can hold more heat energy than olive oil. Microwave radiation is radiation with wavelengths of one millimeter up to one meter. These short wavelengths have high frequencies, and therefore high energies. Microwaves are much better at heating polar molecules, like water. A molecule is polar when it has a concentration of charge on one side or the other. On the water molecule, the oxygen atom is negatively charged, while the hydrogen atoms are positively charged. Oils, like olive oil, are long, evenly spaced chains and are very non-polar, so they don’t absorb energy from microwaves as well as polar molecules like water do. Microwaves work by causing the poles of a molecule to spin rapidly, which generates heat. This is known as dipole rotation. Disclaimer and Safety Precautions

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Very poor Poor Good Very good Excellent based on 27 ratings Author: Erin Bjornsson Topics Science Fair Project Ideas, Fifth Grade, Physics Have you ever wondered why oil heats up so quickly in a pan, but water takes so long to boil? Heat, which is the exchange of energy between a system and its surroundings, occurs in three major ways: conduction, convection and radiation. Conduction is heat transfer through touch (physical contact between molecules). The hotter molecules are, the faster they move around and transfer their energy to other molecules. Convection is heat transfer through fluid flow, like when hot water is poured over ice or when cool air is blown over your warm soup. Radiation occurs when an object releases heat in the form of electromagnetic rays. An object’s heat capacity describes the amount of heat required to change the temperature of that object by a certain amount. Specific heat is the amount of heat required to change the temperature of a substance by one degree (generally °C). Liquids absorb heat in different ways. The temperature change in a particular liquid heated by conduction may not be the same trend of temperature change for the same liquid heated by radiation. Problem: How do different liquids absorb heat? Materials Water Salt water Olive oil Liquid soap Jars (however many liquids you have) Digital hot plate Digital thermometer Microwave Stopwatch Labeling tape Marker Any other liquid you want to test Preparation A night before you do your heat testing, measure a ½-cup of liquid into each jar and label it accordingly. You should have 2 jars for each liquid. Set the jars aside so they will all be the same temperature when you test them the next day. Procedure Microwave Testing Record the initial temperature of the liquid you are testing. Make sure to record your temperatures in °C. Place the jar with your first liquid in the microwave and heat on full power for 30 seconds. Record the temperature and any observations. Repeat step 2 several more times, recording the temperature and any observations each time. Be careful, the glass jar will get hot! Ask an adult to help you remove the jar from the microwave. Repeat steps 1-3 for your second liquid. Hot Plate Testing Set the hotplate to 80°C. Record the initial temperature of the liquid you are testing. Place the jar on the hot plate and start the stopwatch. Record the temperature of the liquid every 2 minutes for 20 minutes. Record any observations. Be careful of the hot glass and liquid! Repeat steps 1-5 for your second liquid. Plot Your Data: Graph each set of data with temperature on the y-axis and time on the x-axis. What do your plots tell you? Results Microwaves are better at heating polar liquids, like water. Oils are very non-polar. Olive oil will heat up faster on the hotplate than water will. Water will still heat slower than olive oil when placed in the microwave, but your graphs should have indicated that water heats up faster in the microwave than it does on the hot plate. Why? For both the hot plate and the microwave, olive oil will heat up faster than water because the heat capacity of oil is lower than the heat capacity of water. Water requires more energy per gram of liquid to change its temperature. Because the input of the heat from the hotplate and the microwave is the same across trials, and water takes longer to heat up to a given temperature than olive oil, we can conclude the water can hold more heat energy than olive oil. Microwave radiation is radiation with wavelengths of one millimeter up to one meter. These short wavelengths have high frequencies, and therefore high energies. Microwaves are much better at heating polar molecules, like water. A molecule is polar when it has a concentration of charge on one side or the other. On the water molecule, the oxygen atom is negatively charged, while the hydrogen atoms are positively charged. Oils, like olive oil, are long, evenly spaced chains and are very non-polar, so they don’t absorb energy from microwaves as well as polar molecules like water do. Microwaves work by causing the poles of a molecule to spin rapidly, which generates heat. This is known as dipole rotation. Disclaimer and Safety Precautions

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Warning is hereby given that not all Project Ideas are appropriate for all individuals or in all circumstances. Implementation of any Science Project Idea should be undertaken only in appropriate settings and with appropriate parental or other supervision. Reading and following the safety precautions of all materials used in a project is the sole responsibility of each individual. For further information, consult your state’s handbook of Science Safety. Print Pin It Email Twitter Add your own comment

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