Chapter 5
Fundamental principles and your responsibilities
Human rights and equality law, protection from domestic violence, FGM and forced marriage, paying tax and National Insurance, and the rules for drivers.
By the end you should know
- Know the main rights in the European Convention on Human Rights
- Know that domestic violence, FGM and forced marriage are crimes
- Explain income tax, PAYE and National Insurance
- Know the main legal requirements for driving
Human rights
Britain's tradition of protecting individual rights goes back to Magna Carta, the Habeas Corpus Act and the Bill of Rights of 1689. British diplomats and lawyers helped write the European Convention on Human Rights, and the UK was one of the first countries to sign it, in 1950. The Human Rights Act 1998 made the Convention part of UK law, so the government, public bodies and courts must follow it.
When did the UK sign the European Convention on Human Rights?
In 1950 — it was one of the first countries to sign, and British diplomats and lawyers helped draft it.
The Human Rights Act 1998 brought the Convention into UK law: government, public bodies and courts must follow it. British rights also have roots in Magna Carta, the Habeas Corpus Act and the Bill of Rights of 1689.
Name principles included in the European Convention on Human Rights.
Key factRight 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)
Equal opportunities
UK law protects people from being treated unfairly at work or in any other part of life because of who they are. If you face discrimination, Citizens Advice and the equality and human rights commissions in each part of the UK can help.
On what grounds do UK laws protect people from unfair treatment?
Age, disability, sex, pregnancy and maternity, race, religion or belief, sexuality and marital status.
Help is available from Citizens Advice and from bodies such as the Equality and Human Rights Commission.
Domestic violence, FGM and forced marriage
Violence in the home is a serious crime, whoever commits it and whether the couple are married or not. Anyone affected should get help quickly — from a solicitor, Citizens Advice, a refuge or shelter, a 24-hour helpline or the police.
What does the law say about domestic violence?
Violence in the home is a serious crime. Anyone violent towards their partner — man or woman, married or living together — can be prosecuted, and a man who forces a woman to have sex, including his wife, can be charged with rape.
Help: a solicitor, Citizens Advice, the police, refuges or shelters, and a 24-hour freephone domestic violence helpline.
Female genital mutilation is illegal in the UK, and so is taking someone abroad to have it done. Marriage requires the full and free consent of both people: arranged marriages are fine when both agree, but forcing someone to marry is a crime. Courts can issue protection orders to prevent a forced marriage or protect someone already in one; a potential victim or someone acting for them can apply.
What is the law on female genital mutilation (FGM)?
FGM (also called cutting or female circumcision) is illegal. Practising it, or taking a girl or woman abroad for it, is a criminal offence.
What is the difference between an arranged and a forced marriage in UK law?
An arranged marriage, where both people agree, is acceptable. A forced marriage, where one or both do not or cannot consent, is not — forcing someone to marry is a criminal offence.
Forced Marriage Protection Orders were introduced in 2008 in England, Wales and Northern Ireland, and in Scotland in November 2011. The handbook says anyone who breaches an order can be jailed for up to two years for contempt of court.
Taxation
Income tax is paid on most kinds of income and funds public services. For most employees it is taken automatically from their pay. HM Revenue & Customs (HMRC) is the government department that collects taxes; if HMRC sends you a tax return, complete it as soon as you have the information.
What income is taxed, and what does income tax pay for?
Wages, self-employed profits, taxable benefits, pensions, and income from property, savings and dividends. It pays for services such as roads, education, police and the armed forces.
What is 'Pay As You Earn' (PAYE)?
The system where your employer deducts income tax from your pay and sends it to HM Revenue & Customs (HMRC). Self-employed people pay their own tax through 'self-assessment', which includes a tax return.
National Insurance Contributions (NICs) are paid by almost everyone in work. A National Insurance number is your personal account number for tax and contributions. Newcomers who want to work should arrange one through the Department for Work and Pensions (DWP), which may ask for an interview and documents.
Who pays National Insurance and what is it used for?
Almost everyone in paid work, including the self-employed. It pays for state benefits and services such as the state retirement pension and the NHS.
Employers deduct it from employees' pay. If you do not pay enough, you may not get contributory benefits such as Jobseeker's Allowance or a full state pension.
When are young people in the UK sent a National Insurance number?
Just before their 16th birthday.
The number makes sure your contributions and tax are recorded against your name. You can start work without one, and on its own it does not prove a right to work.
Driving
You need a licence to drive on public roads, and you get one by passing a test of both theory and practical skills. Older vehicles must pass a yearly MOT test, and there are other age limits and tests for large vehicles.
How old must you be to drive a car or motorcycle in the UK?
Key factAt least 17, with a driving licence. You need to be at least 16 to ride a moped.
To get a licence you must pass a driving test of both knowledge and practical skills. A licence lasts until you are 70, then must be renewed every three years.
For how long can you drive in the UK on a licence from a country outside the EU (and Iceland, Liechtenstein and Norway)?
Up to 12 months. After that you need a full UK driving licence.
What must you have to keep a car or motorcycle on the road?
Registration with the DVLA, vehicle (road) tax and valid motor insurance. Driving without insurance is a serious criminal offence.
When does a vehicle need an MOT test?
Every year once it is over three years old. It is an offence not to have an MOT certificate for such a vehicle.
Exam tip: 17 to drive a car or motorcycle, 16 for a moped. MOT every year once a vehicle is over 3 years old. Driving without insurance is a serious CRIMINAL offence.
An arranged marriage (both agree) is legal; a forced marriage is a crime. Watch for questions that blur the two.