Human Rights Solicitors UK

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Our fervent, dynamic, and dedicated team of civil liberties and human rights solicitors have a wealth of expertise bringing and winning contentious, high-profile cases. We strive to uphold your fundamental human rights on your behalf.

Everyone in the UK has the fundamental rights and liberties outlined in the Human Rights Act of 1998. It is the responsibility of public institutions like the police, municipalities, schools, and local governments to ensure that these rights are upheld at all times.

Every part of our life is supported and affected by these human rights, however some of the fundamental protected ones include:

The right to life
Ability to lead a private life
Freedom from harassment or discrimination
Healthcare and medicine accessibility

We can assist you in filing a claim if you feel that your human rights have been violated in any way. Our knowledgeable human rights solicitors UK solicitors have a wealth of expertise fighting for the rights of others in a variety of contexts and may be able to assist and represent you if your human rights have been violated in accordance with the Human Rights Act and other case law.

What does the Human Rights Act Define as a Public Authority?

According to the Human Rights Act, a public authority is an organisation that undertakes public duties. This is rather vague however, and merits some further explanation.

Examples established by case law of public authorities in the UK are as follows:

Government agencies
Tribunals and courts
Local government agencies,
Police
Prisons
Immigration officers
Schools,
Public prosecutors
NHS trusts and hospitals
Other organisations created by law, such as the General Medical Council and the Information Commissioner’s Office.

Human Rights and Private Organisations

If private organisations or charities perform public duties, they are also considered public authority. When performing their public duties, they must respect your human rights.

This might involve, for instance:

Private care facilities that provide care on behalf of the local government
Private hospitals that provide care on behalf of the NHS
Privatised utilities like water companies, British Gas, and Network Rail
businesses that have been subcontracted to carry out a public function, such as a security company running a private prison
Some housing associations, when performing some of its functions as a social landlord

How can you tell if an organisation is doing a public duty?

Since the Human Rights Act doesn’t define a “public function,” the courts are the ones who determine whether something qualifies.

Generally speaking, a public function is something that the government typically provides for the general populace, such as healthcare, housing, education, or incarceration.

Therefore, an organisation may qualify as a public authority if it performs one of these functions on behalf of the government. However, merely providing a public service is insufficient for a private organisation to qualify as a public authority.

To determine whether a private organisation is a public authority, the courts will consider a number of factors. In order to determine whether the organisation is:

Publicly funded in any way
Regulated by a state agency with legal authority
Operating in place of central or local government
Performing a public service, acting in the public interest, and using state-delegated coercive powers

When is the Human Rights Act applicable to public authorities?

Even if it is not a public role, public authorities that are also public sector organisations, such as the police, schools, or NHS hospitals, must abide by the Human Rights Act. This implies that they must abide by the Act even while performing private tasks like drafting employment contracts.

Private organisations, however, are only required to observe and abide by the Human Rights Act when carrying out public duties.

The Role of Human Rights Solicitors UK

Human rights apply to everyone, including corporations, but their main purpose is to safeguard individuals from state repression, such as unlawful killings, torture, brutality, and slavery, as well as to enable individuals to live and express themselves openly, with dignity, and to enjoy their personal and family lives.

Human rights also call for respect for private property interests, educational preferences, and fair public trials, as well as the justification of any state-sanctioned discrimination.

Whether the public entity is the government directly, the courts, local authorities, regulators, NHS organisations, law enforcement, the defence forces, the prison services, or some service providers functioning on behalf of the state, all public authority actions should be guided by respect for human rights.

However, even today, human rights are still violated intentionally and unintentionally in practice, sometimes with grave repercussions. If human rights cannot be upheld, they are useless. Which is why individuals should be encouraged to speak up and act.

You should obtain legal counsel as soon as you can if you believe that someone has violated your human rights or the rights of others. It could be possible to file a legal challenge in advance of a significant breach. Legal action may ensure true accountability and occasionally recompense if one has occurred. Such acts can also aid in the future prevention of similar violations of human rights.

As human rights solicitors UK we are always willing to investigate how we might support challenges to violations of human rights. Most judicial review claims need to be started right away and within three months of the action being contested in order to avoid time restriction issues, so prompt consultation with our human rights solicitors is a must.

However, in most circumstances, the goal will be to stop the violation from occurring, in which case the shorter time limits will apply. It may also be permissible to file a Human Rights Act claim within 12 months after the action being challenged, asking solely for a declaration and compensation.

Along with providing sage counsel and expert legal support, we also strive proactively to stop human rights violations from ever occurring. Our human rights solicitors can provide guidance to organisations who are worried about potential violations of their own human rights or that want to make sure their own operations adhere to the strictest human rights standards.

In cases when human rights considerations are likely to be a small component of a larger campaign or movement for social change, we can also advise activists, pressure organisations, and unions.

Human Rights Solicitors FAQs

Who are human rights solicitors?

Human rights solicitors are legal experts who specialize in upholding fundamental human rights. They have experience in bringing and winning contentious, high-profile cases against public institutions or private organisations that violate the Human Rights Act of 1998.

What are some of the fundamental rights protected by the Human Rights Act?

The Human Rights Act of 1998 protects numerous fundamental rights. These include the right to life, the ability to lead a private life, freedom from harassment or discrimination, and the accessibility of healthcare and medicine.

What is a public authority according to the Human Rights Act?

According to the Human Rights Act, a public authority is an organisation that undertakes public duties. Examples include government agencies, tribunals, courts, local government agencies, police, prisons, schools, public prosecutors, NHS trusts and hospitals, and other organisations created by law.

Are private organisations considered public authorities?

Yes, if private organisations or charities perform public duties, they are also considered public authorities. They must respect your human rights when performing these duties. This could include private care facilities providing care on behalf of local government or privatised utilities like water companies and British Gas.

How do courts determine if an organisation is performing a public duty?

Courts look at a variety of factors to determine if an organisation is performing a public duty, such as whether the organisation is publicly funded, regulated by a state agency, operating in place of central or local government, or performing a public service in the public interest.

When is the Human Rights Act applicable to public authorities?

The Human Rights Act is always applicable to public authorities that are also public sector organisations, such as police or NHS hospitals. Private organisations, however, are only required to abide by the Human Rights Act when carrying out public duties.

How can a human rights solicitor help me if my rights have been violated?

If you believe your rights have been violated, a human rights solicitor can assist in filing a legal challenge. This can ensure accountability and potentially provide compensation. However, most judicial review claims need to be started promptly, and usually within three months of the action being contested, so it is crucial to consult with a solicitor as soon as possible.

What if I want to prevent a potential human rights violation?

Human rights solicitors can proactively provide guidance to organisations worried about potential violations. They can help ensure operations adhere to the strictest human rights standards and provide advice to activists, pressure organisations, and unions when human rights considerations are a component of a larger social change campaign.