5.7 Fundamental Principles

Britain has a long history of respecting an individual’s rights and ensuring essential freedoms. These rights have their roots in Magna Carta, the Habeas Corpus Act and the Bill of Rights of 1689, and they have developed over a period of time. British diplomats and lawyers had an important role in drafting the European Convention on Human Rights and Fundamental Freedoms. The UK was one of the first countries to sign the Convention in 1950.

Some of the principles included in the European Convention on Human Rights are:

  • right to life
  • prohibition of torture
  • prohibition of slavery and forced labour
  • right to liberty and security
  • right to a fair trial
  • freedom of thought, conscience and religion
  • freedom of expression (speech).

The Human Rights Act 1998 incorporated the European Convention on Human Rights into UK law. The government, public bodies and the courts must follow the principles of the Convention.

5.7.1 Equal opportunities

UK laws ensure that people are not treated unfairly in any area of life or work because of their age, disability, sex, pregnancy and maternity, race, religion or belief, sexuality or marital status. If you face problems with discrimination, you can get more information from the Citizens Advice Bureau or from one of the following organisations:

5.7.2 Domestic violence

In the UK, brutality and violence in the home is a serious crime. Anyone who is violent towards their partner – whether they are a man or woman, married or living together – can be prosecuted. Any man who forces a woman to have sex, including a woman’s husband, can be charged with rape.

It is important for anyone facing domestic violence to get help as soon as possible. A solicitor or the Citizens Advice Bureau can explain the available options. In some areas there are safe places to go and stay in, called refuges or shelters. There are emergency telephone numbers in the helpline section at the front of Yellow Pages, including, for women, the number of the nearest women’s centre. You can also phone the 24-hour National Domestic Violence Freephone Helpline on 0808 2000 247 at any time, or the police can help you find a safe place to stay.

5.7.3 Female genital mutilation

Female genital mutilation (FGM), also known as cutting or female circumcision, is illegal in the UK. Practising FGM or taking a girl or woman abroad for FGM is a criminal offence.

5.7.4 Forced marriage

A marriage should be entered into with the full and free consent of both people involved. Arranged marriages, where both parties agree to the marriage, are acceptable in the UK.

Forced marriage is where one or both parties do not or cannot give their consent to enter into the partnership. Forcing another person to marry is a criminal offence.

Forced Marriage Protection Orders were introduced in 2008 for England, Wales and Northern Ireland under the Forced Marriage (Civil Protection) Act 2007. Court orders can be obtained to protect a person from being forced into a marriage, or to protect a person in a forced marriage. Similar Protection Orders were introduced in Scotland in November 2011.

A potential victim, or someone acting for them, can apply for an order. Anyone found to have breached an order can be jailed for up to two years for contempt of court.

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