Human Rights

Fundamental rights and freedoms that everyone in the UK is entitled to are covered by the Human Rights Act of 1998. Public bodies such as the police, councils, schools and local authorities all have a duty to make sure your rights are protected. In the Republic of Ireland, human rights law is enshrined in the Constitution.

About Service

Human Rights

Infringement of your human rights can take on many forms and you need a legal team that understands the nuances of these cases across different areas of law. At P.A. Duffy & Co. our experts have the expertise you need to build a strong case and will fight to get you the justice you deserve.

Our Human Rights and Judicial Review department is headed by Conal McGarrity, who has been involved in numerous high profile human rights cases, including a Judicial Review case which was referred to the European Court of Justice.

We have been involved in a number of notable cases, including:

In the matter of an application by JR79 for Judicial Review & in the matter of decisions taken by a school and a Health & Social Care Trust – Judicial Review, High Court Northern Ireland – Article 8 – judgment granted in favour of client (child).
In the matter of an application by TKF for Judicial Review – Judicial Review, High Court Northern Ireland – challenge to EU Regulation 4/2009 on the application & enforcement of foreign maintenance orders prior to member state becoming a member of the EU
In the matter of an application by Tadeusz Stach for Judicial Review – Judicial Review, High Court Northern Ireland – challenge to the Conservative Government policy of homeless EEA nationals
In the matter of an application by Raymond Archer for Judicial Review – Judicial Review, High Court – challenge to access to budgeting loan for a class of benefit recipients (264,000 individuals)
In the matter of an application by BMN1 for Judicial Review – Judicial Review, High Court Belfast – challenge to school/Education Authority on a decision to exclude a child with Special Educational Needs (SEN) from school/ failure to make proper educational provision.

In the matter of an application by SMP for Judicial Review – JR285- Judicial Review, High Court Belfast – challenge to school/Education Authority decision making and failure to properly inform an investigation into allegations made by a child with Special Educational Needs, failure to put in place appropriate safeguarding measures and failure to adhere to a risk assessment.

Child Abuse Claims

Education Claims & Challenges

EU & International Law

European Court of Justice

Health & Social Care

Historical Abuse Claims

Illegal Adoptions

Inquest Solicitors

Institutional Abuse Claims

Judicial Review

Kinship Foster Care

Mother and Baby Institutions, Magdalene Laundries and Workhouses Inquiry and Redress Scheme

Mother Baby Homes in the Republic of Ireland

Public Inquiries and Investigations

The Omagh Bombing Inquiry

FAQs

Making a human rights violation claim typically involves several steps, and the specific process can vary depending on your jurisdiction and the nature of the violation.

If you ask us to represent you, we will start by taking initial instructions to paint a clearer picture of what has occurred. We will then assess the merits of your potential claim. We will put together evidence in support of your claim and contact the relevant authority to advise them of the claim.

If the Defendant(s) admit liability, we will proceed to negotiate to agree on the amount of compensation to be paid to you.

Where there is a denial of liability, or the amount of compensation offered is not sufficient, your case will go to court.

We will ensure that throughout the course of proceedings you are supported by our Human Rights team and represented by our expert panel of Legal Counsel.

Here are some key points to consider:

Nature of the Violation - the type of human rights violation you have experienced will play a significant role in determining the compensation. Some violations may result in physical harm, while others may involve emotional distress or damage to reputation.

Severity of the Harm - the extent of the harm caused by the violation is crucial. More severe violations that result in significant physical or psychological harm may lead to higher compensation amounts.

Legal Remedies - the legal framework in your jurisdiction and the available legal remedies will also influence the compensation you may receive. Some jurisdictions have specific guidelines or statutory limits on compensation for certain types of violations.

Evidence and Documentation - the strength and quality of the evidence you present in support of your claim can impact the compensation amount. Well-documented cases with clear evidence of the violation and its effects may have a better chance of securing higher compensation.

Precedent and Case Law - past cases with similar human rights violations may set a precedent for compensation amounts. Your solicitor can research relevant case law to determine what may be considered a reasonable compensation in your situation.

Negotiation or Litigation - whether your case is resolved through negotiation or litigation can also affect the compensation. Negotiated settlements may result in different compensation amounts compared to court-awarded judgments.

Punitive Damages - in some cases, courts may award punitive damages to punish the responsible party for their misconduct and deter similar violations in the future.