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Free Study Notes ยท Chapter 5.7

Fundamental Principles

This section covers the origins of human rights protections in the UK, the European Convention on Human Rights and the Human Rights Act, equal opportunities law, and the UK's laws against domestic violence, FGM and forced marriage.

Human Rights in the UK

Britain has a long history of protecting individual rights and freedoms, rooted in Magna Carta, the Habeas Corpus Act, and the Bill of Rights of 1689. British diplomats and lawyers helped draft the European Convention on Human Rights and Fundamental Freedoms, and the UK was one of the first countries to sign it in 1950.

Principles included in the European Convention on Human Rights include:

The Human Rights Act 1998 incorporated the European Convention on Human Rights into UK law โ€” the government, public bodies and the courts must all follow its principles.

Equal Opportunities

UK law ensures people aren't treated unfairly in any area of life or work because of age, disability, sex, pregnancy and maternity, race, religion or belief, sexuality or marital status. If you face discrimination, Citizens Advice or the relevant national Equality and Human Rights Commission can offer guidance.

Domestic Violence

Domestic violence is a serious crime in the UK. Anyone violent towards their partner โ€” regardless of gender or marital status โ€” can be prosecuted, and any man who forces a woman to have sex, including a husband, can be charged with rape.

Getting help

A solicitor or Citizens Advice can explain your options. Some areas have refuges or shelters offering safe accommodation.

National Domestic Violence Freephone Helpline: 0808 2000 247 (24 hours, with voicemail callback)

In an emergency, always call the police, who can also help you find somewhere safe to stay.

Female Genital Mutilation (FGM)

FGM โ€” also known as cutting or female circumcision โ€” is illegal in the UK. Practising FGM, or taking a girl or woman abroad for it, is a criminal offence.

Forced Marriage

A marriage must be entered into with full, free consent from both parties. Arranged marriages, where both people agree, are acceptable in the UK โ€” but forced marriage, where one or both parties cannot or do not consent, is a criminal offence.

Forced Marriage Protection Orders (introduced 2008 in England, Wales and Northern Ireland; November 2011 in Scotland) allow courts to protect someone from being forced into marriage, or protect someone already in one. A potential victim, or someone acting on their behalf, can apply for an order โ€” breaching one can mean up to two years in prison for contempt of court.

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