|
ARTICLE 13 |
|
HOME INDEX ENFORCEMENT ENVIRONMENT DEMOLITION COSTS GOODACRE LAW MONITOR NEWS RIGHTS SANCTUM WHISTLEBLOWING |
|
Nelson Says: "What is effective"
HUMAN RIGHTS ACT - RIGHT TO AN EFFECTIVE REMEDY Please Note: The convention rights contained in Article 13 have not been incorporated in our Human Rights Act 1998. However, Her Majesty's Government was signatory to the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November 1950. Accordingly, this a Convention right recognised by Strasbourg and which English Courts should take note of. "Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity". We say an effective remedy is one which prevents the perpetrators of such crimes from holding positions in public office. Where there is any obvious inconsistency between domestic law and the Human Rights Convention, the only way of obtaining justice is to take the matter to Europe, but not until all domestic remedies have been exhausted and within 6 months of the date on which a final decision was taken. All correspondence relating to your complaint should be sent to the following address: The Registrar European Court of Human Rights Council of Europe F-67075 STRASBOURG CEDEX.
Perhaps this is a contributing factor to the plethora of reported serious abuses of authority plaguing Council's up and down the country. Where planning is concerned there is very limited access to justice! What is your MP doing about it? How to get redress The Protection of Property Rights The Right Not to be Discriminated Against The Right of Free Expression The Right of Peaceful Protest The Right to Know The Right to Privacy The Rights of Defendents The Rights of Prisoners The Rights of Suspects The Rights of Travellers The Rights of Victims and Witnesses Further Information and Advice The Human Rights Act Liberty Website
|
