Human Rights Case Studies

Using the Human Rights Act to challenge failure to provide adequate community care services

By Scope On 02/03/2010

In R (on the application of Bernard) v Enfield London Borough Council (2002), the failure by the council to provide suitably adapted accommodation for the applicant and her family amounted to a violation of her Article 8 rights under the Human Rights Act 1998.

Mrs Bernard and her family lived in a property in the London Borough of Enfield. Mrs Bernard was severely disabled, had limited mobility which required her to use a wheelchair. Assessments of Mrs Bernard...

Using the Human Rights Act to protect the right to protest

By Liberty On 02/03/2010

Five protesters held a peaceful protest during the Queen's visit to Wakefield. Silently, they held up posters demanding fair pensions for all. They were arrested and held at the police station for 5 hours. Liberty obtained damages for wrongful arrest and false imprisonment because the arrests were a disproportionate interference with the protesters' Article 10 rights (peaceful protest)

Using the Human Rights Act to challenge restrictions on freedom

By Liberty On 02/03/2010

On behalf of F, a 14 year old boy, Liberty brought a challenge to the police’s power, in designated areas, to take young people under the age of 16 home if they were out after 9 p.m. Among other arguments, Liberty relied on F’s rights under Articles 5, 8 and 14 (rights to liberty, respect for the person and right not to be discriminated against). The Government conceded that the power could only be used against those engaged in anti-social behaviour and not against...

Using the Human Rights Act to protect worker

By Liberty On 02/03/2010

C was sacked from her job in airport security after she was refused counter-terrorism clearance. She had no idea why she might be thought to be a risk and was not given any reasons. Liberty took judicial review proceedings relying, among other arguments, on Article 6 (right to a fair hearing). During the case, it became obvious that the decision to sack her was made on flimsy grounds. The Department of Transport conceded that the process was flawed and paid C compensation. It has...

Using the Human Rights to protect a patient in hospital

By Liberty On 02/03/2010

A has cerebral palsy. Because of the risk that he might choke on his food, the NHS trust responsible for his care refused to allow his carers to feed him orally. Instead he was fed through a tube directly into his stomach. Despite the risk he wished to be able on occasions to eat normally and to enjoy his food. Relying on Article 8 (respect for the person) Liberty persuaded a specially established ethical panel to agree to his request.

A man with mental health issues uses the Human Rights Act to challenge a denial of justice

By Mind On 06/02/2010

In 2009 the Crown Prosecution Service (CPS) was found to be in breach of the Human Rights Act for denying an assault victim access to justice (FB v DPP (2009).

This followed an assault case in 2007, which the CPS dropped on the grounds that the victim had schizophrenia and his evidence was therefore unreliable – despite the victim identifying his assailants and having physical evidence of the extent of the crime. Sadly this incident is not unique, as stigma within the...

Children's Rights Alliance for England: Our Human Rights Story

By Children's Rights Alliance for England On 06/02/2010

The Human Rights Act, passed in 1998, gives those living in the UK powerful protection for their human rights. It means that children and young people, some of the most vulnerable members of our society, can expect a minimum level of protection for their rights, giving them better access to services, respectful and dignified treatment, equal consideration, and the right to be involved in decisions that affect them. And when those rights – to be free from torture or...

Domestic violence survivor uses the Human Rights Act to keep her children and get safe accomodation

By London Irish Women's Centre On 06/02/2010

A woman and her children were fleeing domestic violence. The woman’s husband was attempting to track the family down; each time he discovered their whereabouts the family moved to a different area.

The family eventually arrived in London and were referred to the local social services department. Social workers told the mother she was an unfit parent and that by moving she had made the family intentionally homeless. They therefore told her she was...

Family uses the Human Rights Act to secure support from council

By Down’s Syndrome Association On 06/02/2010

Mrs X has multiple sclerosis and a 13-year-old son, Y. Y has Down’s syndrome and Oppositional Defiant Disorder/ Conduct Disorder. He has a long history of self-harming and violent attacks on his family. The family had been receiving very limited respite care, but there had been no attempt to implement a behaviour management programme for Y despite repeated requests. As a result, Y had not been out of the family home for the whole of the summer break. Mrs X was extremely concerned...

How Carol used the Human Rights Act live with independence

By Mersey Care On 06/02/2010

Carol Legge is proud of the terraced house where she lives.She is supported by professional carers who ensure she can manage as independently as possible within the community and with the least level of control or interference in what is, after all, her life.

But Carol, who is a service user with learning disabilities, sadly remembers this was not always the case. It’s a past she does not like to dwell on, but has come to understand there is a major difference in the way her...

Main Menu

You are here:

Human Rights Case Studies