How Do I Enforce My Human Rights?

Author: Liz Lennox

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.

If you're experiencing issues with neighbours and want to understand your legal protections, you can use our free Rights Situation Checker.

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.

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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.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

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.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Rights Situation Checker lets you describe what has happened and find out which UK human rights protections apply and what you can do. Try it now →

25 questions

Ask About Human Rights a Question

Ace 02/07/2017 at 8:46 pm

Was refused legal aid the data protection act broken I won the case to prove it started trial before all other routes tribunal ect now tribunal after trial sick but judge ignored medical evidence made me go ahead 3 people my accusers told of what was going on in court they had nothing to do with case was not allowed to show my evidence judge favoured my accusers and have done in the past too trial notes stolen anybody even jury could have seen them so has my human rights been abused I think so

Mum 04/03/2017 at 1:12 pm

My son is in strangways prison he was attack by gang of prison officers he was in a shared cell the officers found a phone in the toilet strate away the attacked my son treys to poke is eyes out kicked him in his privates and strangled him stopes his visit so no one could see his face in this prison they are starving them 1 egg and a piece of bread pushed through the door

Kerst 17/02/2017 at 6:23 pm

My partner is on remand and The prison have randomly cancelled all contact between me and my partner. I have spoken to the police sargent and they have assured me that they did not implement this. However the prison insists that the police have. Through research and talking to my cousin who is a barrister legally this is not allowed as it breaches both of our human rights regarding contact with family and loved ones how do I resolve this issue as the prison refuse to cooperate with me

plzhelp 28/09/2016 at 12:26 pm

Long story short...
4 children taken into foster care, 2 of them returned back to one of the parents care but l.a won't return the other 2 saying they don't think that the parent is able to meet the childrens needs so their applying for a s.g.o...???? If that was the view of the l.a then why return 2 of the children home.

Dabba 26/05/2016 at 5:24 pm

My daughter and i passed our assesment for my grand daughter to be returned to us.the date was set.the childrens guardian agreed.social services agreed.they then decided to give her further assesment.against our social workers advice.this is the norm in rotherham.where a young mother cant get fair treatment social services are appalling and totally unfit for purpose

CPrincess2709 09/04/2016 at 1:27 pm

After first day in care proceedings I was told my partner could no longer visit my house and i am to stop him having any contact with our son. Any contact will be arranged through child services. Firstly this was meant to be a written agreement which has still not been produced and secondly they do not engage with my partner nor he with them. We are living apart at present but home for a reunification at some point yet he is never invited to meetings and they do not contact him as per protection plan. It feels never ending. My mum was in care. I was in care they tried to take my eldest at birth and haven't left me alone for 15 years. They haven't even closed the case when they were supposed to and have admitted it. They admit failing to do any outlined work or stick to the protection plan for 11 MONTHS. They admit to failing our family as a whole yet decided to take us to court..... that has taken them 6 months to do. How can we get out of this nightmare.

AboutHumanRights Editor 13/11/2015 at 2:36 pm

Your employer has a duty of care to employees (and the recipient of the reference) and should provide a true, accurate and fair reference. If you feel your employer has failed to take this carerence you may be able to bring a claim for negligence for any damage suffered. You would need to show that the reference was misleading and was likely to adversely affect the opinion of the recipient. You may find this a little difficult if the reference provider has simply been truthful. Most employers however, are expected to limit references to a simple statement of facts - so an overview of the number and duration of sickness absences may have sufficed. You should seek advice from a legal professional.

Zooph 12/11/2015 at 4:37 am

I applied for a new job earlier this year and I did it because at the time my current one was taking its toll on my body.
It went really well through the interviews and I had told my current supervisor she would be contacted.
I had some time off work the year prior due to an operation so on my second interview they said they had been told I had medical time off so I told the new potential employer I had had a operation in my stomach but that it was ok now. Happy with that they were and said that they were awaiting the last contact with my current job.
Now my work place has a policy that all contacts should go through HR, something I didn't know at the time. So when my supervisor was contacted, instead of directing this potential new employer to HR, she went through my medical history in detail and mentioned every occasion I had had time off and for what. Now as I said, I was looking for a new job that would suit me better and not be as heavy and whatever medical problems I had had in the past would not have interfered with the new position because of the work itself.
But because of her statements, the new company phoned me up and left a message that what after what she had said they couldn't take the risk. I tried to explain it was a completely different situation but I lost my chance.
What I'm wondering is; did she break the law by talking to a third party about my medical conditions?
Thank you

lish 26/08/2015 at 5:44 pm

my question is my husband does not have the same rights as his siblings, they are considerate native american, along with his dad, grandma, grandpa, his 2 aunts and 5 cousins i was the last sibling born I'm my entire family born in 1969. but I'm not native american. I have the same blood parents as my brother and sister but the tribe does not except me. so i can't legally say I'm native american and be proud of my culture or heritage, No I'm considered an outsider, in my family and with the tribe. They don't understand how deep it hurts in my heart and soul. My mother always said they treat me like i was a step-child. It caused a lot of fights in my family between my parents. i was young so i didn't understand. my brother and sister disowned me or resent me, they were older and saw my parents getting into these drug out fist fights because my mom new it was wrong . i could keep going. So I'm wondering if my rights have been violated if so i would like to peruse a case.

Sweet Innocence83 22/05/2015 at 8:08 pm

When a conviction and custodial sentence is given for computer related sex offences, should the defendant be named by an investigating officer, in a report direct to the press? The negative impact that this would have, would put implications on the defendant innocent victims and other family members. Resulting that they are all subject to be at a 'risk of significant harm'. The defendant will face harm throughout his sentence and after they are released. Family members will be faced by risk of harm from the general public as an outcome to specific names being released. If a DC does this surely it is a breach of human rights??

AboutHumanRights Editor 08/04/2015 at 9:58 am

@JJ. Has he also applied to his the council for housing or to other housing associations? He could also advertise for a mutual exchange with someone who is looking for something smaller. It does sound entirely unsuitable and he may find the speaking to his local councillor may help to get things moving more quickly.

JJ 04/04/2015 at 7:35 pm

my son is a single dad as the mother of children left him with 3 under 4 yrs. He is in a one bedroom flat with cooking facility in the lounge and just a bathroom too. Has been trying for years to get out of the flat as neighbour's constantly banging on his ceiling when the children play indoors. It's psychologically damaging keep telling them not to make any noise and stop running about but nobody helps to rehome him despite 2 bed flats being available in the block of flats and being given to a single person!! The flat is now very unsafe due to a balcony and unlockable windows plus on 2nd floor with no fire exit. This is a housing association home in Northampton. What rights does he have and what can he do to get things moving. The eldest will begin school in summer and he wants to sort it so it does not involve a school change later.

AboutHumanRights Editor 16/03/2015 at 11:25 am

@Urmi. Ask the prison governor for a copy of the prison policy. This may be a standard policy if a prisoners breaches any existing rules.

Urmi 12/03/2015 at 1:28 pm

My son is in prison Highpoint South, he cell was searched at night and they found a mobile phone and spice on him & now he is in seclusion been over a week, he is not allowed phone calls and been locked day and night!! Is there no human rights in prison? Please help
Thank you

spud 07/03/2015 at 7:57 pm

My 2 next door neighbours told the police that I said to them you're dead, now I have been charged, how can I be found not guilty when it's 2 people against me alone, this is what we call justice, I can't win.

AboutHumanRights Editor 13/02/2015 at 1:51 pm

@jammyd90. If the children are still in your care, take this as an opportunity to prove what a good mum you can be. Use any social services support offered to you. It's not always a bad thing for a child to be placed on the register, it simply means they will be ensuring the children safe.

jammyd90 11/02/2015 at 1:54 pm

Seeking help/advice on wether i have any rights vs. Social services .. Im a single mum of 3 kids, im 25 abd have been diagnosed with bi-polar but im not perscribed any medication as im told i dont need it and am coping really well. They (social services) have taken it upon themselves to get involved with me 2 days after my 3rd child was born last week, and within a week have been to my home twice and yesterday informed me that despite having reasonable living conditions from unknown visits and despite the fact all three children are healthy fed and not abused or anything like that, they are still being put on the child protection register!! Under "the umbrella of neglect" because my 18month old missed a couple of injection appointments (due to them sending appts for school run times between 3-3.30pm) .. And saying that at times my 7 yr old has turned up "scruffy" to school eg, non ironed shirt sometimes. Surely thats just frowned upon?? Not a legal matter and how ob earth can it be classed as neglect and put all 3 of my kids on this register?! Can i not contest this? They have no evidence of anything against me and are using my mental health as thier excuse saying they just want me to have support ect. Well i argue that it is nkt supportive to treat a parent this way and i have not been told my rights if i even have any. I strongly dispute any/all alegations towards me and i want to refuse this putting them on a register! I should point out that im being assured by the social worker that they intend to get the kids back off the register in 6mpnths but thats no good to me when they should never be on it at all. Please help i have no idea what i should-/could be doing to prevent this going ahead

AboutHumanRights Editor 18/11/2014 at 11:50 am

@fincaman. Is the judge based in the UK courts system? If so all will have been done according to our laws, which are generally just.

fincaman 18/11/2014 at 10:59 am

spanish bank is taking action against me in the uk for a property i have in spain and have a temperorey charge on our uk property stopping me from moving to a bunglow for my sick disabled wife and a juge wont set this aside is this contaveneing my human rights

johnnie55 23/11/2013 at 2:17 pm

i have been looking for some information on this bedroom tax me and my wife was living in a damp private 1 bedroom flat i had to sleep in a chair because of my medical problems so my wife could have the bed, so we went to our local council and put our name on the housing list i told them about my medical problems so they told us we could bid for a 2 bedroom disability bungalow so we did a couple of months down the line we were allicated a disibility bungalow which the council had given us both of these bedrooms are in use,we have got to have a 2 bedroom bungalow or i will have to go back to sleeping in a chair again but we still have to pay this bedroom tax and it was the council that give us this place.

many thanks john

XXXXGOODSTUFF21 25/07/2013 at 7:17 pm

MY SON WAS PREVENTED BY THE SOCIAL WORKER FROM BEING AT THE BIRTH OF HIS BABY.
I HAVE SEEN A DOCUMENT BY THE SOCIAL SERVICES THAT THEY DID NOT THNK THAT THE COULD STOP HIM FROM ATTENDING. BUT DID SO ANYWAY.

Cas555 18/06/2013 at 6:03 pm

A site directly opposite my house has been developed as a convienence store. The planning authority failed to acknowledge the detrimental impact that this would have on my family life and property. There were adequate retail outlets in the area and there does not appear to be reason why this development should have been approved ignoring our human rights for the peaceful enjoyment of our property. Has the councils approval of this site broken human rights?

turnip 17/02/2013 at 8:38 am

I am looking for help and advice on my case with social services and the courts. I am a revovering binge drinker and have been diagnosed with a mild form of bipolar, i have done a hairstrand test and are offering another in 6 weeks to prove i am in control of my adiction, and i am in a very happy place in my life. I am putting myself forward as a director for a social enterprise which is a revovery based service in croydon england which i have been a manager of for 18 months which helps people to stay in recovery and move on with their lifes. social services, to me, have not helped me in the four years since my breakdown and binge drinking they have not seen me with my three children and are now having a final court hearing. i have chosen to drink on a social basis, i do not drink alone, infront of any children and very rarely go out but i am finding thee stigma of an adiction and mental health problem plaguing my life by others who are not qualified in these fields. I have totally changed my life around, i have found my brain and have a passion on helping others with addiction problems. social services are saying my two boys aged 8 and 9 settled with their aunt, but they do want to come home and i feel social services are not doing their best to help me and them as a family. solicitors seem to be banging their heads against a wall with them, and i woudl be truely grateful for any advice. if i cant prove that i am in such a good place to offer my children a safe and loveing home now how can i do it in six months if i loose my case in march. ,any thanks lisa turnerun

Tc 09/08/2012 at 9:36 pm

My fiancee and I are being denied a relationship under the guise of family law. His children were removed from his care and are now up for adoption. I signed an agreement with my local authority stating I would not have a relationship with him. If I did they would put my children under child protection. Yet they have not given or shown any evidence as a valid reason for this. My fiancee is not a paedophile or a violent person. His children were happy with him and my family getting together after the loss of their mother. How is it we are not allowed to meet each other even without my children present. His

66freya 13/06/2011 at 3:46 pm

Obviously, clicking your site, I was looking for human rights help. No dis-repsect intended, but I have already tried to secure the services of a (more than one) H/R Solicitor - naturally to no avail I need convincing there is a mustard, empathic, working for the client miracle, who is not afraid to take on a - two actually - local councils. A drawback is that I need legal aid as I am a pensioner (67). I have been subsisting in my car since 20.8.08 despite I am a vulnerable female, have ME, malnutrition, terminal, etc. I bet you don't know of one such either? RSVP. This is not a windup. I am real, and desperate. Thank you. Qui Tacet Consentit!

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