Save the Human Rights Act & Public Authority duty to uphold rights


Save the Human Rights Act & Public Authority duty to uphold rights
The Issue
The UK has and continues to be a leader in the development and contributor of human rights law over the last hundred years. Since joining the European Convention on Human Rights (the Convention) we have been bound to comply with its provisions. The Human Rights Act brought rights home and created an important obligation for public authorities to comply with ECHR.
The Human Rights Act commits public authorities to comply with the European Convention of Human Rights in their policies, procedures and decision making. Independent Advocates working across hundreds of Charities each year see the positive impact Human Rights Act has had on the people they support each year.
Without the Human Rights Act, the modern advocacy profession might not exist with the same powerful impact or independent scrutiny. The Human Rights Act is at the epi-centre of a framework of rights and entitlements complemented by the Equality Act, Care Act, Deprivation of Liberty Safeguards, Liberty Protection Safeguards, Mental Health Act, Mental Capacity Act, related legislation in the devolved nations and Safeguarding.
Thanks to the Human Rights Act advocates are able to independently challenge public authorities that support us in our everyday lives.
We help people to live as equal people through the cases we manage to have their human rights upheld in public services.
Advocacy is one of the many ways in which people can be supported and empowered to uphold their rights and entitlements, be provided with choices and options, and safeguarded from harm and abuse. An advocate can help a person to:
- speak up for themselves or give their views
- understand the process they are going through, their rights and what choices are available to them
- be part of an important decision which is being made about them
prepare for and take part in meetings and tribunals - raise queries or concerns
- access information in the format which is most suitable
- access services that can support them
- provide information and signpost people to other helpful services
The intervention of advocacy, information and advice professionals and charitable organisations often means people do not need to access justice through the courts or legal pathway as our intervention empowers people and protects their human rights.
The current laws protect everyone in the UK no matter who they are or what their own situation may be. The proposed reforms would significantly reduce the legal responsibilities the Government currently has towards us and diminish mechanisms to hold public services accountable and to be treated as equal people.
The proposed Bill of Rights would offer opt-outs to public authorities to pick and choose whose rights they supported and if/when they supported those rights.
To focus this consultation on just a few minor legal technicalities and procedural nuances is diminishing the wider role the HRA 1998 plays to support people in everyday life and enable them to live as dignified people. Without HRA 1998, there would be no clear rulebook to govern expectations of conduct when dealing with public services such as Statutory Bodies, Local Authority, Prisons, NHS, DWP, Immigration, Housing and Coroner Service.
The changes proposed are detrimental to the British people and would remove independent scrutiny of public services and the important role of advocacy.
We are calling on a wider study and equality impact assessment to understand the realities of proposed changes to the Human Rights Act on the wider UK population.
Our society remains unfair and unequal – the millions of people who sought support through advocacy, information and advice should serve as significant reminder that the Human Rights Act 1998 and other protection laws are not currently being necessarily always upheld by local and central government bodies.
Independent scrutiny, challenge, and freedom for people to empower themselves is a fundamental part of our society and democracy.

2,018
The Issue
The UK has and continues to be a leader in the development and contributor of human rights law over the last hundred years. Since joining the European Convention on Human Rights (the Convention) we have been bound to comply with its provisions. The Human Rights Act brought rights home and created an important obligation for public authorities to comply with ECHR.
The Human Rights Act commits public authorities to comply with the European Convention of Human Rights in their policies, procedures and decision making. Independent Advocates working across hundreds of Charities each year see the positive impact Human Rights Act has had on the people they support each year.
Without the Human Rights Act, the modern advocacy profession might not exist with the same powerful impact or independent scrutiny. The Human Rights Act is at the epi-centre of a framework of rights and entitlements complemented by the Equality Act, Care Act, Deprivation of Liberty Safeguards, Liberty Protection Safeguards, Mental Health Act, Mental Capacity Act, related legislation in the devolved nations and Safeguarding.
Thanks to the Human Rights Act advocates are able to independently challenge public authorities that support us in our everyday lives.
We help people to live as equal people through the cases we manage to have their human rights upheld in public services.
Advocacy is one of the many ways in which people can be supported and empowered to uphold their rights and entitlements, be provided with choices and options, and safeguarded from harm and abuse. An advocate can help a person to:
- speak up for themselves or give their views
- understand the process they are going through, their rights and what choices are available to them
- be part of an important decision which is being made about them
prepare for and take part in meetings and tribunals - raise queries or concerns
- access information in the format which is most suitable
- access services that can support them
- provide information and signpost people to other helpful services
The intervention of advocacy, information and advice professionals and charitable organisations often means people do not need to access justice through the courts or legal pathway as our intervention empowers people and protects their human rights.
The current laws protect everyone in the UK no matter who they are or what their own situation may be. The proposed reforms would significantly reduce the legal responsibilities the Government currently has towards us and diminish mechanisms to hold public services accountable and to be treated as equal people.
The proposed Bill of Rights would offer opt-outs to public authorities to pick and choose whose rights they supported and if/when they supported those rights.
To focus this consultation on just a few minor legal technicalities and procedural nuances is diminishing the wider role the HRA 1998 plays to support people in everyday life and enable them to live as dignified people. Without HRA 1998, there would be no clear rulebook to govern expectations of conduct when dealing with public services such as Statutory Bodies, Local Authority, Prisons, NHS, DWP, Immigration, Housing and Coroner Service.
The changes proposed are detrimental to the British people and would remove independent scrutiny of public services and the important role of advocacy.
We are calling on a wider study and equality impact assessment to understand the realities of proposed changes to the Human Rights Act on the wider UK population.
Our society remains unfair and unequal – the millions of people who sought support through advocacy, information and advice should serve as significant reminder that the Human Rights Act 1998 and other protection laws are not currently being necessarily always upheld by local and central government bodies.
Independent scrutiny, challenge, and freedom for people to empower themselves is a fundamental part of our society and democracy.

2,018
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Petition created on 19 May 2022