European Convention, and Human Rights Act 1998

The Disability Discrimination Act (DDA) is the main anti-discrimination legislation for disabled people in the UK. However, the European Convention on Human Rights may help fill in some gaps. The Convention is brought into UK law by the Human Rights Act 1998. This means it is easier than with most international conventions for individuals to rely on their Convention rights in the UK courts.

Where may the Convention rights increase the DDA's protection?
How is the Convention enforced?
Further information

Where may the Convention rights increase the DDA's protection?

Coverage of stammer even if it is only minor?: The convention may contribute to an argument that discrimination is unlawful even if the stammer is only minor or trivial. (More on this argument)
Education: The Convention gives rights in relation to stammering and other disabilities in the field of education. See the separate page on The Human Rights Act in education for more on this. In practice this is much less important since September 2002 when detailed DDA rules on education were introduced.
Courts and police: Article 6 gives the right to a fair trial and various related rights, and thus provides a basis for Article 14 to outlaw discrimination in the field. Often the DDA will apply in any event though, particularly since there are now rules on public functions. Also see my page on courts.
Inhuman or degrading treatment: In an extreme case, the protection from inhuman or degrading treatment in Article 3 may help if for some reason the DDA does not apply, eg in the case of some transport services. (More on Article 3)
Other rights: There may be further individual cases where the anti-discrimination provisions in Article 14 can be used in conjunction with another Convention right where the DDA does not apply, e.g. in connection with the right to respect of private and family life. (More on other Convention rights)

The anti-discrimination provision is Article 14 of the Convention. However, it can only be used in a situation which falls within the 'ambit' (i.e. scope) of another Convention right. Therefore there is no general right under the Convention not to be discriminated against, e.g. in the field of employment. On the other hand, there are Convention rights relating to education and a right to a fair trial, for example. That is why the anti-discrimination provision should apply in those fields. (More on Article 14)

The definition of discrimination under Article 14 is different from that under the DDA. However it can include, for example, indirect discrimination. (More on meaning of discrimination)

How is the Convention enforced?

Convention rights can be directly enforced in the UK courts against a 'public authority'. However, to argue them against anyone else you need some other right of action (e.g. a DDA claim) to 'hang' the claim onto. (Further details)
The DDA and other laws have to be interpreted in accordance with the Convention rights so far as possible, whether or not the claim is against a public authority.
It is possible to appeal to the European Court of Human Rights in Strasbourg.

Further information

More detail on the Convention and Human Rights Act
Sources of help and advice - advice agencies etc
External websites:
- Human Rights information on Department of Constitutional Affairs website (to be transferred to the website of the Ministry of Justice which is now responsible)
- Protection from discrimination - quite detailed Powerpoint presentation about Article 14, at www.coehelp.org.
- Text of the European Convention - on the Council of Europe website
- European Court of Human Rights case law database (HUDOC)
For web links generally on stammering and disability discrimination see the links page.

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European Convention, and Human Rights Act 1998

Where may the Convention rights increase the DDA's protection?

How is the Convention enforced?

Further information

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