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How can I use the Act to enforce my Human Rights?
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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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