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Human Rights Legal Remedies

By: Liz Lennox - Updated: 27 Jan 2016 | comments*Discuss
 
Human Rights Legal Remedies

You will already have seen, littered throughout this website, various references to the course of action you can take if you feel that your human rights have been breached. The most important thing for you to note at the moment is that you cannot take an action against a private individual or company. You can only sue for a breach of your human rights if you are an employee of or have been affected by a public authority, such as:

  • Police, Prison authorities, immigration officials
  • Courts and tribunals
  • Local authorities
  • Government departments
  • Public prosecutors (the Crown Prosecution service)
  • Public bodies

For all other employers and organisations you will have to rely on the UK based laws currently in place.

For now, let us assume that you do work for or have been aggrieved by one of the groups in the list above.

What Next?

We are also going to assume that you have taken the case to court and been successful. What remedies can the court give you? No-one can turn back time and make whatever it was simply never happen and it is unrealistic to assume that any remedy the Court can come up with will make you feel otherwise. Unfortunately, in part because the Human Rights Act is in its relative infancy, there are few firm remedies for breach of your rights. This is in contrast to, for instance, Personal Injury law where a Solicitor can look down a sheet and tell you how much you will get.

Just Satisfaction

This is a central tenet of the remedies available under Human Rights Laws, stating basically that the successful applicant must be satisfied with the outcome. This may be monetary or a public admission of wrong-doing.

Declaration of Incompatibility

By the nature of the Human Rights Laws and the way the Strasbourg Court has developed, there are various damages that are not compatible to the human rights arena. The UK Courts must interpret our own laws in keeping with the European Convention on Human Rights and this is not always possible. In an attempt to rectify this, they can issue a ‘declaration of incompatibility’, thus advising Government of the problem and enabling them to remedy the situation as quickly as possible.

Discretion

The Human Rights Act confers a responsibility on the Courts to issue damages, where it is appropriate to the case and necessary to ‘Just Satisfaction’. In this way, Parliament has placed sole discretion for the level of damages upon the Court. When deciding whether to award damages, and how much, the Court must take into account how serious the breach was and whether a punitive award is required. This is on a case by case basis and, as before, there is no distinct measure on who gets what, when and how much.

Alternatives to Damages

The Act also states that the Court need not award damages to a successful claimant if there is some other way in which the situation can be satisfied. If it is in the Court’s power to do so, they could order the return of property, for instance, or the review of a procedure undertaken by the authority.

One Plus One Equals?

One thing that is absolutely clear is that the Court must be satisfied that the breach was the sole and direct cause of the loss, before they are able to award any remedy. It is not sufficient for you to say that it is, you must be prepared to prove to the Court that the action of the Organisation caused the breach and that the breach was the cause of your loss.

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Hi yet again I have been refused medical,, as I posted early I was going to the surgery. IT was clear to all that there was more than a lot of pain, Reason given " you should be here at 8,30 as there was line there of 10 all appointment's are gone" this was at 8.38 and there was only 2 others siting. The day before i called at 8,30 ,, was told that should get in to surgery for 8,30, It was more than a endurance test for me to get there a silly little 10 minute walk after a third of the way there I am dragging my right leg in serious trouble the pain terrific in my buttock , knee and foot an starting to jolt every where took me 2hrs to walk back,,, You see end of november a was in the same way and the doctor would not help me " the dwp said i was fit 8 month before hand he told me no no " done notrhing said he was sending me for blood tests ,,,, still waiting. I spent today sobbing at times am getting worse three years ago this all started roughly 2 of the 3 i have spent starving no hot water in freezing conditions, Mentaly am trying to keep it am trying please help me please am begging you
paininmyeyes - 27-Jan-16 @ 1:27 AM
I will try shorten it basicaly my health 2013 lumps. pains ect so just before the xmas dwp say i was fit, the week later my father tells me he terminal merkel cell cancer, so i dont appeal do what must an nurse him never thought about carersso april 10th 2014 he at peace. My mother saying you need to get your health in order, down to doc he now makes the diagnosis spondlylits we are roughly 2014 june we get to july (no payment) August, thers a letter for MEDICAL ASSESSMENT, on calling the dwp they say i senbt nothing wll they lost everything not a lie and yes everythingfor more than 2 year, on way to assesmentits a heat wave, I became dizzy AN THEN VOMIT VIOLENTY ON THE BIG GUY IN FRONT ME, off bus ect,, call them but say he must tell DWP,, STOP money an they lie mis guide me I win appeal when i asked about it they BOLDY SAY WHAT YOU ON ABOUT WHAT APPEAL, It november 2014I get paid only until march 2015, I got reduced to tears by a littel girl who claim she was pro of somthing telling me how all my pain was my fathers doing HE HAD STRESSED IN HIS DIEING then am shout at asking what TELEVISON PROGRAMES THAT I WATCH???????? BUT no physical examinationIt was another 7 month until a got money NOWTHIS IS VIOLATION NOW the incurable bone disease i have is progressive Novemberthe pain was debilitating symptoms of compilations were shown out the blue, my ankles swell my breath is asthmatic I CANT LIFT A kettle. gets to doctor,,,,,HE IS VERY RUDE CHEEKYCUTS ME OF, TELLS ME ,,DWP SAID YOU ARE OK( 1 year ago by non doc) no pain relief no examination get out, Come home and had a stroke or panicattack,,,, IN 1 hour am going to try again to see lady doc WHy do they treat me this way nearly 3 years they starve me in the cold an dark until I WONT TO DIE now the doctor say no help BEFORE I ASK FOR HELP I WAS BETTER THAN THIS I HAD OWN COMPANY PAID TAX NOW AM TREAT WORSE THAN A CHILD MOLESTER, In fact i think 90% of 3rd world get better health care from charitys i hope, This is no longer about my health getting better by these to bodys whoms SOUL PURPOSE OF BEING FORMED WAS TO help me make sure i eat wash stay warm andALIVE an paying my tax smilng asI FEEL LUCKY WE HAVE OUR SOCIETY THIS COUNTRY IS 3RD WORLD VICTORIAN
paininmyeyes - 26-Jan-16 @ 6:59 AM
I m pregnant by mistake now about2 monthand my diabetes is too highas well whichneedsextra care and mainly i havenoright tostay in uk and my partner as well. And my homecountry is notsafe at all. we are strugglingtoo much financialy . So can we have a properremedy from youpleaseuntil pregnancy solution. Thanks
ruksan - 28-Apr-15 @ 9:39 AM
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