H418/03 - Human rights principles and interpretation

Rights and dignity

A human right is a basic entitlement attached to being human, rather than a reward for being popular, wealthy or well behaved. Dignity means treating each person as having inherent worth: a prisoner remains a person whose treatment must be justified, rather than an object the state may use however it wishes.

Universality means that rights belong to all human beings. Article 1 of the European Convention on Human Rights requires states to secure Convention rights to everyone within their jurisdiction. Nationality is not a general condition of protection. Jurisdiction concerns the state's responsibility for a person; it does not mean that every event anywhere in the world is automatically a UK case.

Inalienability means rights are not simply taken away because someone commits an offence or belongs to a disliked group. However, the lawful exercise of a right may be restricted within its proper conditions. A convicted offender may be lawfully imprisoned under Article 5 while retaining the protection against torture under Article 3. Losing freedom after a conviction does not mean losing all human rights. A valid waiver of a particular procedural entitlement also differs from being stripped of human worth.

An original example: a council argues that a homeless non-citizen deserves no protection because she has paid no local taxes. That confuses a person's status with whether a particular legal claim succeeds. Universal rights still apply; the right's scope, the council's responsibilities and the relevant facts determine the claim. Rights do not guarantee success in every dispute or an unlimited entitlement to every public service.

Connected rights and pluralism

Rights often work together, so protecting one can depend on protecting another. Interdependence describes this practical connection. A fair hearing is less useful if a person cannot understand the proceedings; an interpreter can make the opportunity to defend oneself effective. Freedom to express political views supports participation in democratic debate.

Indivisibility means that human rights form a connected whole and should not be divided into supposedly valuable rights for one group and disposable rights for another. It does not mean that every legal right has identical wording or that a court can ignore the Convention's different limitation rules. Interdependence asks how rights support each other; indivisibility rejects arbitrarily discarding parts of the system.

Pluralism means allowing different beliefs, identities and opinions to coexist. Democracy requires more than tolerating views that the majority already likes. In Handyside v United Kingdom (1976), a publisher challenged restrictions on a book intended for young readers. The European Court of Human Rights explained the importance of expression that unsettles or offends as well as expression welcomed by society. Nevertheless, the Court found no Article 10 violation on those facts, accepting the restriction to protect morals within the state's margin of appreciation. The principle protects disagreement; it does not make every restriction on controversial material unlawful.

Consider an original library dispute. Removing a book solely because a minority religion dislikes its criticism threatens pluralism. Limiting a children's event to age-appropriate material raises a different question about protection of children. Identify the actual reason, evidence and impact instead of assuming that offence alone either defeats or proves a rights claim.

Constitutional protection

Constitutional principles explain why public power must be controlled as well as authorised. The rule of law requires government to act through law, with accessible rules, constraints against arbitrary action and independent ways to challenge decisions. An official's personal dislike is not a lawful detention power. Legal certainty matters because a person should be able to understand the rule governing their conduct.

Democracy gives people a role in choosing government and shaping public decisions. Human rights support that process through speech and association, but also protect minorities against majority oppression. A vote in favour of torturing an unpopular suspect would not make torture Convention-compliant. Electoral legitimacy therefore supports government authority without supplying an unlimited defence to rights violations.