European Convention, and the 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 was brought into UK law by the Human Rights Act 1998, and thus differs from most international conventions in the relative ease with which individuals can rely on their rights under it.

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 appears to give rights in relation to stammering and other disabilties in the field of education. See the separate page on The Human Rights Act in education for more on this. This is less important since September 2002 when the new DDA rules on education were introduced.
Courts and police: Article 6 gives the right to a fair trial and various related rights, and thus gives scope for Article 14 to outlaw discrimination in the field. This is significant because if can be doubtful how far the DDA applies in the area.
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 transport services. (Further details)
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, eg in connection with the right to respect of private and family life. (Further details)

The anti-discrimination provision is Article 14 of the Convention. However, it can only be used in a situation which falls within the "ambit" (scope) of another Convention right. Therefore there is no general right under the Convention not to be discriminated against, eg in the field of employment. But for example there is a Convention right relating to education and a right to a fair trial, which is why the 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, and in important respects is unclear. Caselaw on how far it includes indirect discrimination and an obligation to provide reasonable adjustments is undeveloped. (More on meaning of discrimination)

How is the Convention enforced?

Convention rights can be directly enforced in the UK courts against a " public authority", but to argue them against anyone else you need some other right of action (eg 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:
- Lord Chancellor's Dept website on the Human Rights Act, including links to other resources
- Text of the European Convention - on the Council of Europe website
- The Council of Europe's pages on Human Rights.
- 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 the 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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