Civil Liberties and Human Rights | Solicitors.com

Solicitors.com - if you are looking to take action under the Human Rights Act, understand your rights and how a solicitor can assist you.

The Human Rights Act 1998 came into force on 2 October 2000. It gives effect in UK law to rights contained in the European Convention on Human Rights, allowing people to rely on those rights in UK courts without first having to take a case to the European Court of Human Rights in Strasbourg. Human rights law can apply when a public authority has made a decision, taken action or failed to act in a way that unlawfully interferes with a protected right.

Who Must Comply with the Human Rights Act?

It is generally unlawful for a public authority to act incompatibly with a right protected by the Human Rights Act. Public authorities can include:

• Government departments;
• Local councils;
• The police and prison authorities;
• Courts and tribunals;
• Immigration authorities;
• NHS bodies;
• State schools;
• Social services; and
• Some private organisations when they are carrying out a public function.

The Act does not usually create a direct human rights claim against a private individual or ordinary commercial business. However, courts and tribunals are themselves public authorities and must take Convention rights into account when interpreting legislation and deciding cases between private parties. Human rights considerations may therefore affect disputes involving employment, housing, family life, privacy, property, contracts, defamation and personal injury.

Rights Protected by the Human Rights Act

The rights protected include:

• The right to life;
• Freedom from torture and inhuman or degrading treatment;
• Freedom from slavery and forced labour;
• The right to liberty and security;
• The right to a fair trial;
• Freedom from retrospective criminal punishment;
• The right to respect for private and family life, home and correspondence;
• Freedom of thought, conscience and religion;
• Freedom of expression;
• Freedom of assembly and association;
• The right to marry;
• Protection from discrimination in the enjoyment of Convention rights;
• Protection of property;
• The right to education; and
• The right to free elections.

Some rights are absolute and cannot lawfully be restricted. Others are qualified and may be limited where the interference is lawful, necessary and proportionate for a recognised purpose, such as public safety, preventing crime or protecting the rights of others.

When Might Human Rights Law Apply?

Human rights issues can arise in many different circumstances, including:

• Police arrest, detention and investigation;
• Prison conditions and treatment of prisoners;
• Immigration, asylum and deportation decisions;
• Care proceedings and the removal of children;
• Decisions concerning contact between parents and children;
• Mental health detention and treatment;
• Medical treatment and end-of-life decisions;
• Housing, homelessness and eviction;
• Education and special educational needs;
• Surveillance, personal information and privacy;
• Freedom of speech, protest and assembly;
• Discrimination by a public authority;
• Planning and environmental decisions;
• Welfare benefits;
• Property and compulsory purchase; and
• Failures by public bodies to protect people from serious harm.

Not every unfair or unreasonable decision will amount to a breach of human rights. The facts must engage a particular Convention right, and the Court will consider whether any interference was lawful and justified.

Bringing a Human Rights Claim

A person may be able to rely on the Human Rights Act as part of an existing case, such as judicial review, family proceedings, a criminal case or an appeal against a public authority's decision. In some circumstances, a separate claim may be brought against the public authority responsible for the alleged breach. Possible remedies can include:

• A declaration that a decision was unlawful;
• An order requiring a public authority to reconsider or reverse a decision;
• An injunction preventing further action;
• The exclusion of evidence in criminal proceedings;
• A declaration that legislation is incompatible with a Convention right; and
• Compensation where the Court considers it necessary and appropriate.

Compensation is not automatic. The principal purpose of a human rights remedy may be to stop the breach, overturn a decision or require the public authority to act lawfully.

Time Limits

Human rights claims are subject to strict time limits. A claim brought directly under the Human Rights Act will generally need to be brought within one year of the act or decision complained of, although a court may allow a longer period where it considers it equitable. Other procedures can have much shorter limits. An application for judicial review, for example, must normally be made promptly and generally no later than three months after the decision. Employment, immigration, discrimination and other proceedings may have their own separate deadlines. You should therefore obtain legal advice as soon as possible.

The European Court of Human Rights

The European Court of Human Rights is separate from the European Union and is not an EU court. A person can usually apply to the European Court of Human Rights only after using the effective legal remedies available in the UK. Strict admissibility requirements and time limits apply, and the Court does not act as a general appeal court against decisions of UK judges. Specialist advice should be obtained before considering an application to Strasbourg.

Finding a Human Rights Solicitor

Human rights and civil liberties law is a specialist area. The appropriate solicitor may also need expertise in another field, such as public law, immigration, criminal defence, family law, mental health, housing, education or discrimination. When contacting a firm, explain:

• Which public authority is involved;
• What decision or action you wish to challenge;
• When it happened;
• Whether any appeal or complaint has already been made; and
• Whether there are any approaching court or tribunal deadlines.

To find a solicitor who specialises in Human Rights or Civil Liberties law, use the search facility at the top of this page. Further information about human rights and civil liberties is available from Liberty and the Equality and Human Rights Commission.