Human Rights Law

The Human Rights Act of 1998 sets out fundamental rights and freedoms that everyone in the UK is entitled to.  It ensures that all public bodies, such as: The Police, Councils, Schools and Local Authorities all have a duty to makesure these rights are protected. Human rights underpin every aspect of our lives, but some of the key principles involve:

• The right to life.
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• The right to a private life.
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• Freedom from discrimination or harassment.
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• Access to healthcare and medication.
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If you believe you have suffered an infringement of these rights, we could help you make a claim. Our expert solicitors have extensive experience challenging human rights abuses in many areas.

Human Rights Application
           
The majority of Human Rights Applications are based on the right to respect for a private and family life (Article 8).  At times, immigration law and human rights law are intertwined. The Human Rights Act 1998 brings the provisions of the European Convention of Human Rights (ECHR) into UK law.  Contrary to popular belief, Britain’s adherence to the ECHR is completely separate from its membership of the EU.  This means that the UK’s exit from the EU will have no effect on its duties under the convention.

What Are the Eligibility Requirements for Making a Human Rights Application?

The two main articles of the European Convention on Human Rights (ECHR) which are used to make applications on human rights grounds are Article 3 and Article 8.

Article 3 states:

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

Article 3 prevents the British government removing someone from the UK to a country where there are substantial grounds for believing an individual will face a real risk of serious harm, including torture, inhuman or degrading treatment or punishment.  Examples of this include:

Being likely to suffer harsh imprisonment, torture or persecution if they are returned to their home country.

If you have a life-threatening illness and are receiving treatment in the UK and this treatment is not available in your home country.

If your home country is a war zone and/or suffers from conditions of severe impoverishment.

The threshold for Article 3 claims is high; however, it is an absolute right, meaning there is no situation where it can be lawfully breached.

To make a claim under Article 3, you need the assistance of an experienced human rights lawyer to check if an application can pass the extremely high threshold. Our team will support you through the process, helping you to protect your safety.

Article 8 provides:
Human Rights Act Article 8 – Right to Respect for Private and Family Life.
Everyone has the right to respect for his private and family life, his home and his correspondence.

There shall be no interference by a public authority with the exercise of this right except such as is inaccordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Many applications are made by families wishing to remain in the UK, under Article 8. This is because under the points-based system of immigration there isusually no right of appeal except under human rights grounds.

According to Article 8, individuals have a right to a private and family life that is free from state interference. As such, Article 8 applications may help keep families together, and prevent them from deprivation of private life.

When making an application for a Points-Based System visa, it is advisable to provide a route for an Article 8 appeal if possible.  We can analyse the circumstances and prepare legal representation so that our clients have the right to appeal on human rights grounds wherever possible.  This provides the ability to challenge a visa refusal in a more cost-effective way than bringing a judicial review.

Infringement of your human rights can take on many forms and you need a legal team that understands the nuances of these cases across different areas of law. Our Public Law experts have the expertise you need to build a strong case and will fight to get you the justice you deserve. Call the team today on 01707 244701 to ensure your case is handled the rightway.