The Human Rights Act in the UK backs-up the rights that are already outlined in the European Convention of Human Rights. The specific items of the act can be limited in order to make sure that they do not harm other people and their rights. This does not apply to every item of the act though, for example, the right not to suffer torture must be upheld without limit – not even a court of law can allow this right to be waived. Everybody has a social responsibility to be aware of the rights of others and to show respect for them, just as we are also justified in expecting other people to respect our rights too.
The rights stated in The Human Rights Act 1998 are as follows:
If you find yourself in the position where somebody has breached any of your human rights, you have the right to seek a lawful and effective solution. This right to seek solution stands even if the breach has been conducted by somebody in a position of authority, such as a member of the police force.
It is always advisable to first attempt a resolution out of court. Alternative ways to resolve a violation of your human rights could be the use of a mediation service, or perhaps an internal complaints body. If, after following other courses of action to uphold your rights, you feel the issue has not been resolved, you can bring your case to court or tribunal. They will consider your case and decide if your human rights have not been respected. Sometimes, a claim for damages or monies awed can be made.
It is very important to seek appropriate legal advice before taking legal action. You can seek this advice from various organisations, for example, The Citizens Advice Bureau or Community Legal Advice, who can point you in the right direction and help you find providers of advice in your local area.
You can obtain a leaflet outlining important advice for bringing a claim under The Human Rights Act to court from Her Majesty’s Court Service (HMCS). Contact them and ask for a copy of ‘The Human Rights Act 1998 – Information for Court Users’.
Use the box below to put your question to a solicitor or barrister. You will usually have an answer back within minutes.