How do I Enforce My Human Rights?

The UK lawbooks are stuffed to overflowing with new laws that have been passed to make our lives better, easier or safer. The Human Rights Act is no different. Over 50 years ago the UK government signed us all up to abide by the European Convention on Human Rights, enforceable via the European Court of Human Rights at Strasbourg. The very location of the Court and the fact that these laws were not entered officially onto our own lawbooks meant that the majority of people, including the legal profession, had no idea of the power that was there.

In 1998 the UK Government brought many of the principles of the Convention onto Statute by way of the Human Right Act. This makes it unlawful for any public authority from the Government to the Police to breach the contents of the Convention. It also meant that the UK Courts can now hear matters relating to supposed human rights abuses by those authorities.

So Does it Overrule the UK Parliament?

No. The UK Parliament is still sovereign and the Human Rights Act has not brought the convention onto our lawbooks in its entirety. What it has done is insist that any decisions made by the Courts reflect the principles and meaning of the Convention. Where the Convention and current UK statutes collide, it is up to the Government to work out what to do.

How Do I Access it?

As with anything legal; if you believe that an Authority has breached one of your human rights then I strongly suggest that you consult a specialist Solicitor, one who has experience dealing with Human Rights issues and can, if necessary, take the matter all the way to Strasbourg. Even dealing with the UK Courts, this will be extremely expensive as it is highly unlikely that you will be able to claim legal aid (if it still exists at all) for what is essentially a civil issue.

It is for this reason, among others, that there are various voluntary organisations geared specifically towards enforcing human rights issues in this country. If you cannot afford a Solicitor, your first port of call should be one of these organisations.

What if I Don’t Like the Decision?

This is a definite risk. The majority of UK law is already geared towards fairness and equality and Local Authorities already work under the principle of giving people the best deal possible, so it is always possible that you won’t like the decision from the Courts. The Court may decide that to uphold your claim would mean breaching the rights of a lot of other people, or that the Authority was right to act as it did under the circumstances. In any contentious issue there is always a winner and a loser; that is a major part of the adversarial court system that forms part of a democratic society.

However, if you really feel that the English Courts are ignoring a clear breach of your rights for no good reason, you could always instruct your Solicitor to take the case to Strasbourg to the European Court of Human Rights. This will be a lengthy and very expensive procedure and there is no guarantee that the European Court will agree with you just because you won’t take no for an answer.