Human Rights commentary

A Human Rights claim seeking a declaration that a Human Right has been breached, can be brought to a County Court or High Court for determination.

It is not possible to bring a Human Rights claim against an individual or a private business.  Therefore, the applicable legislation is relevant for Human Rights claims against public authorities.

The legislation that governs this is Section 7 of the Human Rights Act 1998:

Proceedings.

(1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may—

(a) bring proceedings against the authority under this Act in the appropriate court or tribunal, or

(b) rely on the Convention right or rights concerned in any legal proceedings,

but only if he is (or would be) a victim of the unlawful act.

(5) Proceedings under subsection (1)(a) must be brought before the end of—

(a) the period of one year beginning with the date on which the act complained of took place; or

(b) such longer period as the court or tribunal considers equitable having regard to all the circumstances.

Both of (5)(a) and (b) are subject to any rule imposing a stricter time limit in relation to the procedure in question.

 

The European Convention on Human Rights (ECHR) is set out in Schedule 1 of the Human Rights Act 1998. The rights are classified as:

1. Absolute Rights — which cannot be interfered with by the state or derogated from even in a state of emergency.

2. Limited Rights — which may be interfered with in certain strict circumstances.

3. Qualified Rights — which have to be balanced against the public interest and may therefore be interfered with, subject to a number of conditions set out in the relevant provisions.