Human Rights Applications

Fighting for your human rights

The Human Rights Act 1998 which came into effect on 2 October 2000, requires public authorities to act in a way that is compatible with the European Convention on Human Rights (ECHR) ,as far as possible for them to do so.

A failure to act in this way creates an independent possibility of challenge with the possibility to argue that the decision of the public body is unlawful because it is in breach of one of the rights guaranteed in the ECHR – e.g. the right to family life or the right not to be tortured or subjected to treatment that is inhuman and degrading or a right to liberty.

It is also possible to challenge secondary or even primary legislation on the basis that it is not compatible with one of the ECHR rights. However, a court cannot ‘strike down’ primary legislation – it can only make a declaration that it is incompatible with the ECHR rights, leaving it to Parliament to decide how to remedy the incompatibility.

Human rights challenges are quite frequent in the context of immigration and asylum are coupled with other elements of right to private and family life and personal integrity and an individual’s right not to be subjected to inhuman and degrading treatment.

Many asylum claims involve examples of alleged breaches of European Convention on Human rights, particular with reference to Articles 3 and 8 ECHR. At Oliver & Hasani, we are well equipped to deal with all aspects of human rights applications and appeals or Judicial Review and interim relief applications.