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UK Breaches of Human Rights Law

By: Louise Smith, barrister - Updated: 27 Mar 2017 | comments*Discuss
 
Uk Breaches Of Human Rights Law

Although the UK has taken well known steps to incorporate internationally recognised human rights law into domestic legislation there are still cases where it is found to have breached human rights. Whilst many cases are resolved within the UK’s own legal system, there continue to be cases which go to the European Court of Human Rights (ECHR) for a final decision. We look at some cases where the UK has been found, by the ECHR, to have violated human rights law.

Sexuality of People Serving in the UK’s Armed Forces

In 2000 the ECHR found that the UK had violated the human rights of several homosexual soldiers who had been dismissed from the armed forces because of their sexuality. The ECHR ordered the UK to pay substantial damages to the individuals involved. The fact that the soldiers had been questioned about their sexuality, and then dismissed because of it, was held to be a breach of their right to privacy. This case lead to the law on the sexuality of those who can serve in the UK’s armed forces being changed. The UK is now amongst those countries who allow gay members of the armed forces to be open about their sexuality.

UK Widowers’ Entitlement to Benefits

A 2002 human rights case was brought against the UK regarding a widower’s entitlement to receive bereavement benefits. Until 2001 a man whose wife had died was not entitled to receive the lump sum and weekly bereavement payments which a woman whose husband had died would receive. A widower who had given up work to care for his children after the death of his wife in 1996, and who was refused the bereavement benefit, took his case to the ECHR. The ECHR held that the widower had been discriminated against on account of his gender and ordered that he be paid £25,000 in damages. By then the law in the UK had already been changed meaning that, today, a bereaved spouse of either gender has equal entitlement to bereavement benefits.

The Ban on Prisoners Voting in the UK

The UK’s law preventing prisoners from voting in elections was called into question by a 2005 ECHR case. An ex-prisoner started the case which used human rights law to challenge the UK’s ban on prisoners voting. The ECHR held that the ban may constitute a breach of an individual’s right to free elections. In 2008, with the UK’s law on prisoners voting unchanged, the UN commented that the ban may constitute a breach of human rights. Although the UK is usually prompt in adapting to ECHR rulings, as at March 2010, the ban remains. However, there have been suggestions that the law may be changed to allow some, less serious, categories of prisoner to vote.

Monitoring of Private Correspondence by the UK Government

A 2008 case was brought to the ECHR by several civil rights organisations. This questioned the legitimacy of the UK government’s use of phone-tapping and the monitoring of emails between the UK and Ireland from 1990 to 1997. The civil rights groups claimed that some of their correspondence had been monitored by the authorities. The law at that time gave a very wide remit for the UK authorities to monitor correspondence and the very existence of that law was said by the ECHR to pose a threat to rights and freedoms. The ECHR was concerned that the law was open to abuse and held that the monitoring constituted a breach of the right to private correspondence. The UK government considered the case to be so sensitive in terms of national security, that it would neither confirm nor deny what had actually taken place. However, it did concede that it was reasonable for the ECHR to assume that some of the groups’ correspondence had been viewed.

Stop and Search under the UK’s Terrorism Act

In 2010 the ECHR found that the stop and search procedures used by the UK police pursuant to the Terrorism Act 2000 were illegal because they did not require the police to have grounds for suspicion before using them. The ECHR found that this was open to abuse and constituted a breach of an individual’s right to private and family life. Many rules and laws introduced to combat terrorism have been challenged under human rights law. The measures needed to protect the UK against the threat of terrorism are considered to be much greater than those required to combat ordinary crime and there have been concerns from many sectors of society that this has been used as an excuse to take away long-held rights and freedoms.

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I have a court order to see my son and my ex has breached it from day 1 police told me to stick to my order. So I attended his school to pick him up on my day to have him and my ex try ed to stop me taking him. She had her phone sticking up out of her pocket on record like she has done for the last 6 months and try ed to get me arrested over 50 calls to police in 2 months no charges at all on any ocasion. However this has had no effect on her constantly trying to entrap me or coax me in to doing crime so she can use it against me in family court. On this ocasion I try ed to take her phone off her to stop it recording there was a bit of a struggle with the phone then I fell over as she let go I was arrested for abh after she claimed I grabbed her wrist and have broken it with one hand as I had my son in other armcan anyone help me with any info regarding her trying to make me assault her is it legal to torment someone till they crack she has had her brother freten to kill me 4 times by way of petrol bomb to my van whilst I'm in it. Do I have any rights ??? I had a court order and she still did not care
Don - 9-Feb-17 @ 8:31 PM
Which court in the United Kingdom is the best court to take a matter of human rights violations and breaches in the convention of human rights to? I am a litigant in person and would like to take on my case forward but need to know which court to begin proceedings to.
Sam - 2-Feb-17 @ 12:55 PM
On 3 July 2015 Cheshire West and Chester Council convinced the High Court of England and Wales I wrote and sent 1200 emails to its Solutions team in 2011 many of which it claimed contained derogatory, abusive and harassing content. The Council refused to disclose any of those emails at court despite having made no application to the Court not to do so. I denied being the author or sender of the emails and reminded the Mr Justice Edis to the Civil Procedure Rule 31.6 - wherein it states both parties must disclose all documents they rely on to win their arguments. At a second hearing on 17 November 2015 I made application to the Court for specific disclosure of those emails but the Council opposed my application telling the judge I did not want the mass of documents to prove my innocence but instead to prove numbers of its officers and elected members dishonesty. Despite my assuring Justice Holroyde those emails have never existed still he refused my application. On the 6th September 2016 despite my saying I required copies of those emails ito prove my innocence - Appeal Court Judge Rt Hon Lady Justice Glosser agreed Mr Justice Holroyde was correct to refuse me those emails. Since 17 November 2015 I have twice submitted Subject Access Requests to the Council seeking copy of those 1200 emails - the Council declines to process my requests and as a result I formally complained to the Information Commissioner only to be told she cannot investigate as the emails formed part of a legal case. Twice I assured the Commissioner the emails were never disclosed therefore never formed part of that legal action - the Commissioner refuses to acknowledge my correspondence. On 9 August 2016 the High Court ordered my website taken down and banned me from owning any further sites for twelve Months - it also banned me from creating new email accounts. This week I formally complained to the Cheshire West and Chester Council claiming its refusal to provide me copies of the 1200 emails knowing as it does I require them to prove my innocence is tantamount to inhuman and degrading treatment - it is torture - is a breach of article 3 ECHR 1998....the Council declines to process my formal complaint.
Bloodhound - 17-Jan-17 @ 6:25 PM
Is it a violation of human rights for women in prison to be made to strip...then squat...whilst on a period...then physically have your tampon removed if you refused to do so...this happened to me whilst in holloway. In the past yrs since being there.i have been so badly treated. I have also been raped and was told by police that it was my own fault even thoigh mrdical evidence had proved my cervix had been torn. I feel completely alone and let down by the way i have been treated..i have nightmares...my husband is so worried. Do i actually have any rights anymore?
Special k - 12-Nov-16 @ 1:19 PM
I since 2009 have been a vulnerable adult beings subjected to torture for trying to protect a child, the torture resulted in seven assisted suicide attempts but was not aware assisted suicide was violation of Right to Life As a victim of torture became disabled in Jam 2011 should have been rehabilitated but was subjected to psychological tortur. As disabled victim of psychological torture left to neglect since 2013 subjected to pharmaceutical tortur Tried Freedom from Torture, Redress, Equality Human Righte Commisiom, Liberty and many law firms but been refused any help As a victim of pharmaceutical torture forced injections of a drug that increase the chance of death and has side affects of sudden unexplained death This is Capitol Punishment All I did was try to protect a child
Anton - 3-Nov-16 @ 12:41 AM
I am self employed on a low income.. I have claimed housing benefit and council tax support (cts)in the past .. in march of this year I was informed nothing would change but in may of this year was informed I am still entitled to housing benefit but no longer council tax support due to being self employed for 2 years plus ... my income has been amended by the benefit system to mininum wage x 40 hrs to fit the criteria of my local council not reflecting my actual income which is alot less... I have appealed to the council who have refused support and am now awaiting appeal through the valuation tribunal .... I cannot find anywhere on the councils site information of this although they do continually boast an A+ equality scheme to all their customers. Ihave wondered if I had amended my income to fit their criteria would I now be facing fraud.... but do wonder if my human rights are being affected as I am being singled out due to my employment status only not my income??? The valuation appeal dept are now pushing the council to provide a date who seem to be dragging their heels and in the mean time I am having to pay my council tax monthly which is crippling me financially ???? I would like to know if my human rights are affected as I am allowed to ask questions relating to the decision and its effect on me personally when attending the appeal...:(
clare - 28-Oct-16 @ 5:14 PM
I am self employed on a low income.. I have claimed housing benefit and council tax support (cts)in the past .. in march of this year I was informed nothing would change but in may of this year was informed I am still entitled to housing benefit but no longer council tax support due to being self employed for 2 years plus ... my income has been amended by the benefit system to mininum wage x 40 hrs to fit the criteria of my local council not reflecting my actual income which is alot less... I have appealed to the council who have refused support and am now awaiting appeal through the valuation tribunal .... I cannot find anywhere on the councils site information of this although they do continually boast an A+ equality scheme to all their customers. Ihave wondered if I had amended my income to fit their criteria would I now be facing fraud.... but do wonder if my human rights are being affected as I am being singled out due to my employment status only not my income??? The valuation appeal dept are now pushing the council to provide a date who seem to be dragging their heels and in the mean time I am having to pay my council tax monthly which is crippling me financially ???? I would like to know if my human rights are affected as I am allowed to ask questions relating to the decision and its effect on me personally when attending the appeal...:(
clare - 28-Oct-16 @ 5:14 PM
I had court earlier this year but from the start I feel I was wrongly charged with assault on my daughter in January 2015 she didn't admit to me hitting her they were no injuries or marks on her my lawyer forced me to plead guilty when I believe I wasn't he said if I plead guilty I'd get a lesser sentence I didn't understand due to my learning disabilities
Nat - 4-Sep-16 @ 9:53 PM
I have a friend who was falsely arrested for a crime he didn't commit. He spent six months in jail awaiting trail. The day before he was due to go court all charges were dropped. This was in June. He is still in prison and awaiting a release date. No reason has been given as to why he is still there. We have asked all we can why, no one has an answer.
Coco - 26-Aug-16 @ 10:58 PM
Hi I'm39 years old man from Albania . I have arrived in U.K on May 1999 when I was 22 years old Claiming to be from Kosovo . I was interviewed at border at the time . I was given an home office document That clearly stated that I was in fact Albanian. And i was let free out of that door. Around six months later I was refused entry in to the U.K from the authorities. Things was going ok for me at the time work wise so i did change address and lost contact . I been getting by sleeping rough and even experienced homelessness and being exploited many times by random people who I didn't know Trying to work for them.and survive always hoping for a better life in a better country. Nevertheless many years went by and I eventually decided to regulate my status. after 11 years i got in touch with home office and they gave me residence like a was kosovan even though my ind that i have kept and preserved for many years clearly states albania I was desperate to go see my parents so I took it like that. And failed to notify of my true identity.hoever in 2012 I told them cus I didn't feel comfortable .and they left me using my previous name knowing full well that I was the same person.anyway I have just received a leter now in 2016 that I should leave the country because the homme secretary doesn't think that I'm a good character . Although I never got myself in trouble . not even a minor offence. I find this treatment very disproportionate . I would appreciate your opinion Thank you
Adriatik - 29-May-16 @ 2:18 AM
Nothing to talk about we meet in court the mad dogs in campsfield treat refugee like a terrorist.racism was born in oxford humiliating is oxo oxfordshre manipulating of humanright violation.. millenium world uk is still in dark age discriminating is unacceptable in united nation database for a day shall come great scotland will go then what else small or great.
United - 20-May-16 @ 3:12 PM
Marshy - Your Question:
I was arrested for a offence to which I didn't do,I was kept for the full 24hrs before on the last few minutes a officer came to my cell and charged me with the offence,which was criminal damage,I was realised on bail with orders not to go near a property or the person who lives at the property.later that week the person whom is my ex partner turned up at my house claiming he was sorry and that there was a witness who actually seen my ex cause the damage,two days later I took him to the back to his house were he turned on me and phoned the police,to which I was arrested and charged for breach of bail,on realise my car was left at my ex house so I went to pick it up were my.ex then came out of his house asking me to talk to him as I did so he started to get violent hitting me so I ran to my car and drove away,later that day I was once again arrested for breach of bail and remanded into custody were I was sent to prison.days later I appeared via video link to court to apply for bail,which my solicitor advised me to plead guilty to the charges or else I wouldn't get bail,well any parent who hasn't seen there child would of choose to say guilty plea if it means you was going to get see there children,so that is what I did,where I was then realised on bail until my court date.since being realised I have got several lots of evidence and witness to defend my plea of not guilty,so went to my solicitor to tell him I.wish to plea not guilty at court to which he has said I'm not allowed to change my plea,and in doing so I could get sent back to prison until the next court date,even though I've got evidence to prove my innocence.can you please advise me if that is correct,has I've never been in trouble and the offences I'm going to be charged with will also affect my carer as well as all the heartache and emotional stress it has already caused me

Our Response:
You can change your please, but you should rely on the advice of your solicitor who will be more familiar with the workings of the courts and full details of your case etc.
AboutHumanRights - 16-May-16 @ 10:47 AM
I was arrested for a offence to which I didn't do,I was kept for the full 24hrs before on the last few minutes a officer came to my cell and charged me with the offence,which was criminal damage,I was realised on bail with orders not to go near a property or the person who lives at the property..later that week the person whom is my ex partner turned up at my house claiming he was sorry and that there was a witness who actually seen my ex cause the damage,two days later I took him to the back to his house were he turned on me and phoned the police,to which I was arrested and charged for breach of bail,on realise my car was left at my ex house so I went to pick it up were my.ex then came out of his house asking me to talk to him as I did so he started to get violent hitting me so I ran to my car and drove away,later that day I was once again arrested for breach of bail and remanded into custody were I was sent to prison..days later I appeared via video link to court to apply for bail,which my solicitor advised me to plead guilty to the charges or else I wouldn't get bail,well any parent who hasn't seen there child would of choose to say guilty plea if it means you was going to get see there children,so that is what I did,where I was then realised on bail until my court date..since being realised I have got several lots of evidence and witness to defend my plea of not guilty,so went to my solicitor to tell him I.wish to plea not guilty at court to which he has said I'm not allowed to change my plea,and in doing so I could get sent back to prison until the next court date,even though I've got evidence to prove my innocence...can you please advise me if that is correct,has I've never been in trouble and the offences I'm going to be charged with will also affect my carer as well as all the heartache and emotional stress it has already caused me
Marshy - 13-May-16 @ 8:36 AM
My ESA allowance was terminated on the 8/1/2016 for not responding to a undelivered letter dated 11/1/2016. My family are excluded from public transport,we cannot travel to hospital appointments,food or eat,gas,electric, statutory bills,we are degraded and humiliated,there's no assistance in employment. We are starving and have nil income. Regards Michele Nunes 25A frien barnet road Greater London N11 1NE
Michele - 12-Apr-16 @ 9:17 PM
My human rights have been breached by my local councils planning enforcement for over 20 years.Their refusal to act on planning & rights of way decisions regarding 3 developers behind my property and adjacent to each other on non-compliance of these decisions.I have been the constant complainant as my life in my home has been hell.Instead of acting on all my proof planning enforcement chose to lie to the ombudsman,lie to me so that they could put those letters in their files and keep closing the case.Lose all paperwork on all 3 developers.Finally after a promise by the chief executive officer to investigate on being given all the proof,photos,cctv etc,she chose to send me a vexatious customer letter,the reasons given that my telephone number was logged calling council 37 times in 6 mths.At least 20 went to answer machine which still logs it.I did not leave messages.My number will log when i pay in the rental side of my shared ownership house with them also when i call in for visitors permits.You have to phone in now and make an appointment.This has cost me my health mentally and physically,time and a lot of money.Also for sending emails proving everything.If anyone would actually look at the proof they would find it shocking.I never had any rights and i did not get the privacy of serious overlooking that planning & rights of way panel said i should in there final decisions regarding these 3 developers.Can anyone help me.
momos - 24-Feb-16 @ 1:20 PM
I would like to know if it is a violation of my humen rights being left with no money coming in for more than 10 weeks due to the dwp suspending my jobseekers allowance and left with no food and electrice. And due to the suspension i have been very depressed.and have had suicidal thoughts can you please let me know
Duncan - 15-Feb-16 @ 8:12 PM
Is it a humen rights violation if your jobseekers allowance and left no money to live on for over 10 weeks can you please let me know
none - 15-Feb-16 @ 8:00 PM
i think that everyone should have a fair chance
ani.khan - 8-Nov-15 @ 6:55 PM
hi Last November I was arrested at one thirty am by norThampton police for a crime which I did not commit I am disabled , I was injured on the way to the police station then verbally abused threatens and then tortured for several hrs , I was held without food or drink had my very much needed medicine kept from me they tried to force me virally to take an overdose of insulin in the morning they kept my morphine from me even though it was plain to see I was in agony after earlier treatment as I lived on a boat I was informed I'm a gypsy and have no rights also they withheld my eye medication which could of caused me to go blind I was denied the right to the arrest paper work which your entitled to upon being put into custody I was woken every fifteen minutes to half n hour through the night which is a form of torture refused food drink etc also various softening up techniques were used on me the police new and know I did not commit the crime and have been aiding and abetting with the individual for some time prior to my arrest they helped or allowed the individual to steal my property threaten to have me beaten steal livestock without a movement order even the police need one also use my trailer without my consent told the police they were trying to provoke me and were intending to hurt me the police refused to do there duty and let them off also let them keep my property etc then arrested me weeks later trying to make out things happened differently and on a different date I have video evidence which proves what I say up till my time in custody I have been informed I will be hurt or disappear if I take legal action so can anyone help me Thanks for your timeb pearson
shetlandwarrior - 8-Jul-15 @ 6:17 PM
I am at my wits end and nobody wants to help me. It is about an operation by a surgeon (plastic surgery) I had an Abdominal Surgery, I know things do go wrong with this surgery, I was with the consultant for about 3 years, I spoke to his secretary and asked that I be taken off his list so that I would then be able to have a second opinion about my problem. I was with a consultant Mr. Fenton, but he is now in the Bristol area I believe, he said if I had any problems just let him know, now I find out he has moved, I am without a consultant and nobody wants to help at all, I have seen surgeons at Leeds before I got my self discharged from Mr. Phipps, I wanted another opinion, I still have a problem with a two track belly button and want someone to help me to clear the matter up for me and give so life back for me. I do hope you can Help thanks very much from Ginger
Ginger - 5-May-15 @ 5:10 PM
Regaurding being victim .causing stress .difficuilty in services fch holmes
dave - 14-Apr-15 @ 12:17 PM
Good Morning I am attempting to gain legal aid and legal assistance in a complex discrimination-tax-employment-family-tort-contract-human rights and housing matter. I have been severely affected by the after effects of being homeless and being shunted into sub standard accomodaton messing with my mental health and causing me acute depression suicidal thoughts. This puts me at risk. I have been in recovery for almost 10 years and feel that I have rights in this country and cannot seem to move forward with anything. The harder I try to get help the more peeple seem to ignore me. I have the right to be treated with dignity and respect and have the right to my opinions and feelings, positive or negative. I would like to be allocated a top HR lawyer who understands my needs and can help me.
maverick - 22-Aug-14 @ 9:51 AM
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