The Human Rights Act 1998 (HRA) came into force in the UK in October 2000. It incorporates most of the rights from the European Convention on Human Rights (ECHR) into UK law.

The HRA protects everyone, regardless of religion or background. Muslims can rely on the HRA to challenge discrimination, mistreatment, or unfair policies by public bodies such as schools, police, councils, or the NHS.

Articles 1,3,8, 9, 10, 14 are particularly helpful for Muslims in defending their rights.

Note: We have provided information below for guidance only and examples given are by no means an exhaustive list - always seek legal advice.

What it protects

• Protects the right to practice Islam openly (e.g., praying, wearing religious dress like hijab or beard, fasting during Ramadan).
• Protects from being forced to act against religious beliefs.
• Protects against state interference in religious life, unless it's legally justified and proportionate (e.g., for public safety).

How Muslims can use it

• Challenge bans or restrictions of religious practices such as religious clothing in public spaces, workplaces and educational settings unless the restriction is proportionate or justified.
• Seek accommodations for religious practices such as prayer breaks or halal food options in public institutions (e.g. schools, prisons, hospitals etc).

Case examples

• Time off for religious practice (successful) - A Muslim employee requested flexible work arrangements to attend Friday prayers. However, the employer refused, and the individual claimed a breach of Article 9 and indirect religious discrimination. The tribunal found in favour of the employee. The case reinforced that employers should try and consider reasonable adjustments for religious practices.
• Religious practice in care settings (successful) - A Muslim woman in a care home was denied access to halal food and the ability to practice her religion. Her family brought a case on her behalf under Article 9 and Article 8 (private life) - R (on the application of SB) v Denbighshire County Council (2013). The court agreed her rights had been breached. This resulted in strengthening guidance for care homes by local authorities on respecting religious needs.
• Wearing the niqab at work (unsuccessful) - A Muslim classroom assistant, Aishah Azmi, was suspended for wearing a niqab (face veil) when male teachers were present - Azmi v Kirklees Metropolitan Borough Council (2007). She claimed her Article 9 right had been breached. She lost the case on religious discrimination grounds, but the case helped establish the need for dialogue and reasonable accommodation at work.
• Religious dress in school (unsuccessful) - Shabina Begum, a Muslim schoolgirl, wanted to wear a jilbab (long Islamic dress) to school instead of the school's allowed uniform, which included a shalwar kameez and tunic - Begum v Denbigh High School (UK, 2006). She argued this was her Article 9 right to manifest her religion. Although she lost her case, it raised awareness and encouraged schools to be more flexible with religious dress codes.

What it protects

• Ensures the rights in the HRA are applied without discrimination, including on the basis of race, sex, religion etc.
• Although Article 14 is not a standalone right and must be used in conjunction with another HRA right (e.g. Article 9 or Article 8), it strengthens other rights - e.g., if a Muslim is denied healthcare, housing, or schooling because they're Muslim, they can argue a breach of both the original right and discrimination under Article 14.

How Muslims can use it

• Challenge discriminatory treatment based on being Muslim such as unfair dismissal, refusal of services or harassment.
• Example - if a Muslim is denied a job or service explicitly because of their faith, they could argue a violation of Article 14 alongside Article 8 (right to private life).

Case examples

• Discrimination in care planning (successful) - A Muslim couple challenged decisions made by NHS authorities about their son's mental health care that failed to respect their religious values and family life - R (on the application of Sarfraz and Parveen) v Bradford NHS (2011). They used Articles 8 and 14 to argue that they were being treated differently from non-Muslim families in similar situations. The court found elements of discriminatory treatment and ordered a review of policies to ensure cultural and religious considerations were properly included.
• Discrimination in housing policy (unsuccessful) - Muslim applicants challenged a housing association's policy that prioritised Orthodox Jewish families for certain homes - R (Z & Others) v Hackney LBC & Agudas Israel Housing Association (2020). They argued this was discriminatory under Article 14, used with Article 8 (family life). Although the court ultimately upheld the housing association's policy (based on narrow exceptions under equality law), the case showed that Muslim applicants can invoke Article 14 where public bodies support schemes that exclude or disadvantage them.

What it protects

• Protects the right to live life privately without interference.
• Protects personal identity, including religious and cultural identity.

How Muslims can use it

• Challenge intrusive policies, like excessive surveillance targeting them if it disproportionately affects their privacy or unjustified child protection interventions based on stereotypes.
• Protect cultural or religious practices tied to identity.

Case examples

• Ban on spouse visas for under-21s (successful) - A Muslim woman, Bibi, and her husband challenged the UK government's ban on spouse visas for people under 21, meant to prevent forced marriage - R (on the application of Quila & Bibi) v Secretary of State for the Home Department (2011). They argued it unfairly interfered with their private and family life under Article 8, as they were in a genuine marriage. The Supreme Court ruled in their favour, finding the policy was disproportionate and breached Article 8. This Led to the UK lowering the visa age back to 18 and reaffirmed that blanket immigration rules must not override family rights.
• Immigration removal despite family ties (successful - A Muslim father of British children faced deportation due to criminal convictions. He argued removal would breach his Article 8 right to family life with his children and partner - R (on the application of T) v Secretary of State for the Home Department (2021). The court accepted that family life outweighed his criminal record, given strong ties and rehabilitation. This reinforced that Muslim parents and spouses can use Article 8 to challenge deportation and keep families together.

What it protects

• Protection from torture or inhuman or degrading treatment by police and prisons.
• Protection from treatment that causes intense physical or mental suffering such as excessive force by police or prison conditions.
• Protection from public authorities from treatment that humiliates or debases an individual, undermining their dignity such as discriminatory harassment or deliberate insults targeting identity.

How Muslims can use it

• To challenge police failure to protect, or state inaction in cases of anti-Muslim hate crime.
• To challenge abusive detention practices (e.g. immigration detention or stop and search).
• To challenge excessive force used during arrests, harsh prison conditions and extreme interrogation methods including desecration of religious symbols or forced action against religious beliefs.
• To deny religious accommodations such as halal food or being able to pray in prison settings.
• To challenge treatment of Muslim women when they are forcibly stripped of their hijab / niqab when it is unnecessary and /or done in a way to humiliate her.
• To challenge repeatedly being subjected to stop and search solely due to racial / religious appearance.

Case examples Some Muslims have used Article 3 in cases involving deportation to countries with record of torture and detention conditions under counter terrorism laws.

What it protects

• Protects the rights to express beliefs and opinions including religious ones.
• Protects the right to share and receive information and ideas.
• Protects the right to speak, write, protest, publish, and broadcast freely.
• Protects the right to express cultural or religious identity, including through speech, clothing, and religious symbols.

This right applies to individuals, groups, the press, activists, and others - including Muslims in the UK.

However, freedom of expression is not absolute. Article 10 can be restricted by law if necessary for reasons such as national security, public order, or protecting others from harm such as hate speech - but those restrictions must be lawful, necessary, and proportionate.

How Muslims can use it

• Express their religious and political views - such as Islamic beliefs, identity, values, or views on social and political issues. They may want to speak out about Islamophobia / anti-Muslim hatred, Palestine, hijab bans, foreign policy, or UK laws affecting Muslim communities.
• Challenge and criticise discriminatory policies or practices by the state or media.
• Expressing the Muslim identity through appearance and clothing e.g. beard, hijab or niqab although expressing identity is more often linked to Article 9.
• organise or take part in protests related to faith, justice, international issues, or human rights (which also can fall under Article 11 (freedom of assembly)
• Use social media or art to create Islamic content, poetry, spoken word, videos, or social media posts expressing Muslim identity or views protected under Article 10.

Case examples

• Arrest of Muslim protester - A Muslim man was arrested during a protest against Prevent, the UK government's counter-extremism strategy. He was holding a controversial placard critical of the policy, and police detained him for a breach of peace - R (Farooq) v Commissioner of Police of the Metropolis (2019). He argued that the arrest was a violation of his Article 10 rights, as he was peacefully expressing a political opinion. The court ruled in his favour, saying the arrest was unlawful and that freedom of expression must be protected even if the message is controversial. This is a reminder that Muslims have the right to peacefully express political criticism, including of government policies.

What it protects
Protects the right to education, including respect for parents's religious and philosophical convictions in state education.

How Muslims can use it
Advocate for religious accommodations in schools such as halal meals, prayer facilities or exemptions from certain activities due to religious beliefs.

Case examples
Muslims have used Article 2 of Protocol 1 to challenge school policies that exclude students or parents' religious convictions (e.g. banning religious attire or practices) without justification. Cases are often settled informally. If they reach the courts, school policies are typically upheld if they are proportionate.

What it protects

• Right to freedom of peaceful assembly and protests
• Right to form or join trade unions, political parties, clubs, and organisations to protect personal interests.

Restrictions
The rights of assembly and association are not absolute and there are some situations where a public authority can restrict these rights providing they are proportionate. Reasons to restrict may include to:

• Protect national security or public safety
• Prevent disorder or crime
• Protect health or morals, or
• Protect the rights and freedoms of other people.

How Muslims can use it
There are concerns that restrictions to assemble and associate are disproportionately used for Muslims in the UK through counter-terrorism policies and policing, often leading to alienation, stigmatisation, and self-censorship. Muslims could therefore challenge the following to protect their rights under Article 11:

• When there is a chilling effect on freedom of expression and association such as fear of referral under the PREVENT duty of for example Muslim students and community members which has restricted their willingness to engage in political debate or attend meetings, thus limiting their freedom of association.
• When there has been an impact on religious and community gatherings such as where broad, and sometimes vague, definition of extremism has been used in policies to blur the line between legitimate, peaceful religious assembly and "radical" activity - this can cause some Muslims to avoid organising religious or community events, fearing scrutiny or misinterpretation of their activities.
• When increased police powers are used to restrict or criminalise protests, particularly those relating to Palestine, causing concern that these powers are used to disproportionately restrict the assembly rights of Muslim communities.