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• Human Rights Law

• • Overview

  Put Simply...

  Human rights’ law as a separate area of legal practice has been in the forefront only in recent times. A broad definition of the term covers many aspects of public justice, equality before law, laws against discrimination, freedom of speech and prisoners’ rights.
  
  It also covers sanctions against governments and regimes with gross human rights’ violations, persecution against minorities and downtrodden societies, and all such areas where there is a conflict between ‘public and individual good’ versus the power of authority at all levels of society.

  What is involved in Human Rights Law?

  The history of human rights’ law as a separate and distinct legal area can be traced back to the enactment of the Human Rights Act 1998 in the UK, where for the first time general principles of human rights, public law and EU and international legal principles were added to prevailing English law.
  
  The European Convention on Human Rights was ratified as part of the enactment of the HRA, the application of which covers civil and criminal litigation, judicial reviews on appeal, et al. In civil matters, the application of public interest/human rights’ can come up in cases where issues of rights to work, education, community welfare, family welfare; discrimination on grounds of age, gender, race, religion, community are involved.
  
  In criminal matters, these could arise out of incorrect application of enforcement procedures, police brutality, torture of prisoners, illegal confinement, infringement of public rights to peaceful assembly, false arrests or wrongful identification of suspects, refusal to provide legal resource opportunities for wronged claimants, accusations of terrorist activities and extradition issues.
  
  Immigration law is yet another important segment of human rights principles, a very current and hot topic in recent times, covering business and private immigration issues. Personal immigration matters involve pleas for asylum and/or extended residence in the UK on human rights’ grounds, particularly from individuals who’ve been disenfranchised in their countries or have escaped persecution or torture.
  
  Commercial immigration covers travel on temporary or permanent visas for business purposes, skilled and unskilled migrants looking to migrate to the UK for longer/extended stay; companies which regularly bring in overseas workers for execution of work projects. Daily tasks for a human rights’ solicitor can include advising clients – individuals or groups – on actions taken by various public bodies or organisations; collect documentation and facts in evidence, interview witnesses and concerned parties, prepare for filing of suits and advise barristers on court proceedings. Business immigration lawyers advise companies on travel documentation for employees going abroad on company business, assist in bringing in workers from outside UK and assist in dispute resolution.

  What is needed for Human Rights Law?

  Excellent people management skills, thorough knowledge of laws and regulations, empathy and patience, providing fair and judicious opinions and integrity are important qualities required by solicitors wishing to practice in this area. Strong advocacy skills are a must since much of the activity in human rights and immigration involve a significantly higher percentage of contentious work.

  Current Climate for Human Rights Law?

  Legislation and regulations in immigration, asylum, employment, social benefits, welfare and legal aid are constantly undergoing modifications. Much of the change is driven by judicial review and public opinion on important issues. New laws such as Freedom of Information have brought about an increasing public scrutiny, and the tendency to challenge archaic laws and decisions of authorities by the public is in the rise.
  
  The intermingling of human rights, public law, laws against terrorism has given rise to new unforeseen challenges. Much of established precedent is not able to cope with these, and hence the law itself is going through constant changes.
  
  

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