Rights the Act gives people
Your basic rights are set out in the Human Rights Act 1998 as follows:
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to life
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the prohibition of torture
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the prohibition of slavery and forced labour
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to liberty and security
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to a fair trial
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not to be held guilty of a criminal offence which did not exist in law at the time at which it was committed
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to privacy, family life, home and correspondence
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to freedom of thought, conscience and religion
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to freedom of expression
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to freedom of assembly and association
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to marry
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to protection of property
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to education
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to free elections
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to the rights and freedoms set out above without discrimination on any ground.
Who and what the Act affects
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individuals
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public authorities
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courts and tribunals
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legislation.
'Defences' to infringement of the rights contained in the Act
The majority of the rights contained in the Act are limited or qualified, which means that they can be infringed in certain circumstances.
Relevance of the Act to people with sight problems
As a blind or partially sighted person, you will not only have the rights outlined above but you should also have those rights without discrimination on the basis of your sight problems.
Human Rights Act and the Disability Discrimination Act
The Disability Discrimination Act (DDA) is a Government measure intended to reduce discrimination against disabled people. As such, the DDA and the Human Rights Act may overlap. For example, in a court hearing, where necessary information about the case has not been made accessible, you could bring a claim under the DDA for failing to provide accessible information - and also under the Human Rights Act, for failing to allow ou to have a fair hearing.
If you think that your human rights have been breached
If you think that you may have a case under the Human Rights Act against a public authority, you will need to raise the matter directly with the authority to try to get them to change what they are doing. If this does not resolve the matter, you may have to go to court to ask the court to declare that your rights have been infringed and to award compensation. You will need to seek specialist advice as early as possible - you could try contacting one of the specialist organisations listed below which deal with the Human Rights Act. They may be able to assist you with your case or refer you to a local solicitor who will be able to give you advice and assistance.
Legal Aid, where the Legal Services Commission pays for a solicitor to take on your case if you meet a means and merits test, may be available for a Human Rights Act case.
If your case is not against a public authority but against a private body, you will not be able to bring a case directly against them under the Human Rights Act but you may be able to raise the Human Rights Act in other proceedings against them.
Sources of support for human rights cases
Liberty specialises in Human Rights Act issues and may be able to provide you with free advice. They can be contacted by post and telephone at:
21 Tabard Street
London
SE1 4RA
Tel: 020 7403 3888
Advice on Individual Rights in Europe (AIRE) specialise in the European Convention on Human Rights (on which the Human Rights Act is based) and will provide free advice on Human Rights Act issues. They can be contacted by post and telephone at:
49 Effra Road
London SW2
Tel: 020 7924 0927
Law Centres Federation - your local law centre may be able to provide advice and assistance on particular Human Rights Act issues. To find out where your nearest Law Centre is, contact the Law Centres Federation (Tel: 020 7387 8570 [London Office] or 01142-78 70 88 [Sheffield]).
National Association of Citizen Advice Bureaux (CABs) may be able to provide advice and assistance in Human Rights Act issues (Tel: 020 7833 2181).
RNIB and the Human Rights Act
RNIB recognises that visually impaired people are disadvantaged in many areas of their lives. We would encourage blind and partially sighted people to make use of the Human Rights Act, along with the DDA, to tackle discrimination and to help improve the situation for other blind and partially sighted people.