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Human Rights
 


How can I use the Act to enforce my Human Rights? Back to Human Rights>>
If you think that a Public body has breached your convention rights, you can take the Authority to Court for breaching your Rights.

Rely on the convention rights in the course of other proceedings involving a "Public Authority". For example, judicial review and criminal trial. If you wish to take the "Public Authority" to Court directly for breaching your rights you have to bring proceedings after a longer period. If it thinks that this is fair having regard to all circumstances. This is not necessarily straightforward and you should always consider legal advice for which we can provide.

Does this reply to acts done before the Act comes into force?
Generally not. You will only be able to rely on your rights for previous acts in proceedings, which the Public Authority is bringing against you for example if you are being prosecuted on a criminall charge.

What remedy can I get?
It depends on the nature of the proceedings. If the Court finds that a Public Authority has breached your convention rights, it can award whatever remedy is open to it as indicated above. This could be damages.

Who can bring a case under the Human Rights Act?
Proceedings under the Human Rights Act can be brought only by victims of a breach of the convention rights by a "Public Authority". Interest groups will not be able to bring actions direct unless they meet the victim test. They will be able to assist those from within their number who bring actions.


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