Enforcing your rights under the Human Rights Act 1998
Enforcing your rights under the Human Rights Act 1998
If you believe that a public authority has breached your Convention rights, or is proposing to, you can bring court proceedings against the public authority. You can also raise a breach of your Convention rights as a defence in any court proceedings against you. In either case, you can only use the Convention if you are a ‘victim’ of the breach or potential breach, that is, someone who is directly affected by it.
Generally, when bringing court proceedings against a public authority under the HRA you will be seeking a declaration that the public authority has breached your Convention rights or is proposing to do so. If the breach is continuing you will also want an order that the public authority should stop acting in a way that breaches your Convention rights. You may also seek compensation, although the courts have made it clear that it is not always appropriate for them to award this.
In such proceedings, the public authority may be able to defend itself by saying that it had no choice but to act in the way that it did because it was required to do so by an Act of Parliament. Where this happens the most you will be able to achieve is a declaration of incompatibility (see How Does the HRA Work).
In most cases the appropriate court proceedings to bring against a public authority under the HRA will be an application for judicial review. Court rules require an application for judicial review to be brought ‘promptly’ and in any event within three months of the decision or action being challenged.In addition to judicial review proceedings, the HRA allows you to bring an action for breach of your Convention rights under the HRA itself. Such an action must be started within 1 year of the alleged breach.
Proceedings Against Private Individuals or Bodies
As private bodies and individuals are not required by the HRA to respect Convention rights, it is not possible to take proceedings under the HRA against them. This does not mean, however, that the HRA will not have an effect on court proceedings between private bodies or individuals. This is because the courts themselves are public authorities under the HRA and are required to interpret and develop existing laws in a way that is compatible with Convention rights.
An example of this is the law of breach of confidence. This has now been developed by the courts in a way which allows them to protect individuals rights to respect for their private and family lives (guaranteed by Article 8 of the Convention), even where the intrusion is by private bodies such as tabloid newspapers.
Relevant sections:
If you believe that a public authority has breached your Convention rights, or is proposing to, you can bring court proceedings against the public authority. You can also raise a breach of your Convention rights as a defence in any court proceedings against you. In either case, you can only use the Convention if you are a ‘victim’ of the breach or potential breach, that is, someone who is directly affected by it.
Generally, when bringing court proceedings against a public authority under the HRA you will be seeking a declaration that the public authority has breached your Convention rights or is proposing to do so. If the breach is continuing you will also want an order that the public authority should stop acting in a way that breaches your Convention rights. You may also seek compensation, although the courts have made it clear that it is not always appropriate for them to award this.
In such proceedings, the public authority may be able to defend itself by saying that it had no choice but to act in the way that it did because it was required to do so by an Act of Parliament. Where this happens the most you will be able to achieve is a declaration of incompatibility (see How Does the HRA Work).
In most cases the appropriate court proceedings to bring against a public authority under the HRA will be an application for judicial review. Court rules require an application for judicial review to be brought ‘promptly’ and in any event within three months of the decision or action being challenged.In addition to judicial review proceedings, the HRA allows you to bring an action for breach of your Convention rights under the HRA itself. Such an action must be started within 1 year of the alleged breach.
Proceedings Against Private Individuals or Bodies
As private bodies and individuals are not required by the HRA to respect Convention rights, it is not possible to take proceedings under the HRA against them. This does not mean, however, that the HRA will not have an effect on court proceedings between private bodies or individuals. This is because the courts themselves are public authorities under the HRA and are required to interpret and develop existing laws in a way that is compatible with Convention rights.
An example of this is the law of breach of confidence. This has now been developed by the courts in a way which allows them to protect individuals rights to respect for their private and family lives (guaranteed by Article 8 of the Convention), even where the intrusion is by private bodies such as tabloid newspapers.
Relevant sections:
