What can I do if I Think my Rights have been Broken?

If you think a public authority has broken your Convention rights (or is going to), you can take court proceedings against them. You have to show that you have been affected by what the public authority has done or is going to do. If you want to change a decision made by a public authority, or if you want the court to order a public authority to do something or stop doing something, you can apply for a procedure called a judicial review. This means a judge will look at your case and decide if the public authority has acted unlawfully.

You have to start proceedings quickly, and at the latest within three months of the decision or action you are challenging. If you just want compensation because your convention rights have been broken, you can bring a claim for damages. You have to baring the case within a year of your rights being broken.

A court can award you compensation if it finds that your Convention rights have been broken. But the court may decide that simply finding that your rights were broken is enough. The European Court of Human Rights has decided to do this in a lot of cases. British courts also have to take account of the level of damages that the Court in Strasbourg awards, which tend to be a lot less than those in British courts.

You may also be able to rely on your convention rights if you are defending your self in court. This will happen most often in criminal cases, but it may also happen, for example, if a local council is bringing possession (eviction) proceedings against a tenant. Sometimes a court will not be able to do anything about your rights being broken.

The Human Rights Act doesn't allow the courts to overrule an Act of Parliament. If a particular Act of Parliament doesn't fit with Convention rights, all the courts can do is to make what's called a 'declaration of incomparability. The Government and Parliament then have to decide if the law should be changed. In the meantime, the courts have to apply the law as it is, even though it does not fit with Convention rights. The courts will not be able to award compensation.

If you find yourself in this situation you could think about making an application to the European Court of Human Rights because the Court in Strasbourg will have the power to award compensation.

.: Which cases doesn't the Act cover?

The Human Rights Act does not allow people to bring a case against an organization that is not a public authority. This means that a person who is employed, for example, by a local council will be able to take proceedings against their employer, but a person who is employed by a private company will not. Even so, it is likely that the Human Rights Act will have an effect on court cases between individuals and private organizations.

This is because the Act will change how the courts interpret and develop the existing law. For example, the courts are already using Article 8 of the Convention (the right to respect for private and family Life) to develop a law of privacy that will affect both public authorities and private individuals and organizations.