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| HUMAN
RIGHTS INFORMATION SHEET |
The
Human Rights Act (HRA) came into force on 2 October
2000. It makes Convention rights directly enforceable
under United Kingdom law.
In general, the HRA allows Convention issues to
be raised in any proceedings, rather than creating
entirely new court procedures for human rights challenges.
Proceedings under the HRA to strike down secondary
legislation or to seek a declaration of incompatibility
of primary legislation with the Convention will
usually be by the judicial review procedure.
Family Law
The HRA will have an effect upon family law. The
First Protocol gives the right not to have one's
property interfered with and to enjoy peaceful possession
of property.
The main relevant articles which may affect family
proceedings include:-
Article 5 - which protects the liberty of the person
Article 6 - which gives the right to a fair trial
Article 8 - which gives the right to respect for
private and family life
Each of these Articles has individual limitations
and conditions.
It is apparent that although human rights points
may not be raised in court on a daily basis, each
case is likely to have human rights elements.
Further advice should be sought as to whether your
case warrants the inclusion of any human rights
issue.
Public Funding (formerly Legal Aid)
Public Funding will be considered by the Legal Services
Commission. However, the Legal Services Commission's
primary interest is in respect of cases that genuinely
raise significant human rights issues. Convention
points should only be raised where there are reasonable
prospects of success and are material to the case
i.e. they would carry weight with the court. For
example, the Legal Services Commission will only
grant a Certificate where there is a real point
to be argued under the Convention which could affect
the outcome.
Such Public Funding will be strictly controlled
by the Legal Services Commission and you should
seek further advice as to eligibility. |
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