Human rights law governs the basic rights of an individual and is contained in international, European and national law. The idea behind human rights law is that the most basic rights of an individual, such as the right to life and the right to freedom from torture, should be protected by law.
Human rights law arises in every aspect of law in the UK, from immigration and asylum law to criminal law. In the context of immigration law, rights of an individual and their family should be considered and although the law may state that an individual can be removed from the UK, the fact that all their family are British and cannot leave, may mean that to remove them is a breach of their right to family life. The Human Rights Act 1998 was very controversial when it was introduced, but in fact the Act has not been applied as harshly as some people feared. Although it is widely cited in immigration and criminal cases, it is in fact reasonably uncommon for the Human Rights Act alone to result in a judge coming to a different decision.
Although criminal lawyers and immigration lawyers will consider the Human Rights Act on a daily basis, all solicitors must have regard to it, as the Human Rights Act requires that all legislation is read in accordance with the European Convention of Human Rights and also that all public authorities make decisions in accordance with the Act.
If you would like to obtain legal advice on human rights law, Caven can put you in touch with a local specialist solicitor free of charge. So, if you have any questions or would like our help in finding local solicitors please call us on 08001 221 2299 or complete the web-form above.
- Last Updated on 02/03/2010