WHAT ARE HUMAN RIGHTS (and do they exist in Leigh on sea?)..

October 9, 2016 by Melinda @ Giles Wilson

WHAT ARE HUMAN RIGHTS (and do they exist in Leigh on sea?)..

There has been so much mention of this in the press this week that I thought I would be serious for a moment and give some examples on how human rights can affect each of us. As anyone who has ever had a story reported in the press will know, the emphasis and implication can tell quite a different story than the one you know to be true.. (for defamation tips, see next month!).

The Human Rights Act does not mean that we can scream at our neighbours when they have a late night party that it’s against our human rights to be denied a good night’s sleep.  If that were the case then the party goers next door could argue back that it is their human right to party as late and as noisily as they wanted to. The human rights that are protected are those where government bodies deny our basic human rights because they are in the powerful position to do so.  Many of us going about our charmed every day lives in Leigh (the happiest place to live according to Rightmove), may feel that the Human Rights Act is unlikely to affect us.  Hopefully it will not, because actually most of the situations where it does impact are very serious. This is why, in my view, it is essential that we respect the principles of human rights.  

So, examples of :

Respect for your private & family life

Ruby & Bert
95 year old Ruby has dementia and has to move into a care home.  She is financed by the NHS because of her advanced medical condition.  Her 96 year old husband Bert wants to move in there with her. They have been married for 75 years and never spent a night apart.  The local authority refuse to pay for him to move into the same care home but want him to move to a cheaper one 3 miles away.  They are not respecting Ruby and Bert’s family life, and potentially action could be taken against the local authority (a government body) for Bert to move into the same room as Ruby.

Jake
12 year old Jake pinched a bag of crisps from Tesco’s in and was caught.  He did not receive a conviction or even a caution, but it remained on his police record. He has now finished university and has applied for a job as a PE teacher. The CRB check revealed the police file, and he did not get the job.

His right to privacy has been violated and this aspect of the government’s system of criminal record schemes can be deemed unlawful.

Right to Life

Tom
18 year old Tom had always wanted to join the Army. However when he was sent to Iraq he complained to his family that he felt inadequately trained and that his equipment was old and in poor condition. When he was killed in action, his family were prepared to accept that this was a risk of a soldier in the British Army, but they were not prepared to accept that the government had protected his right to life as he had not been appropriately prepared.

These 3 examples are based on real cases. I could go on, but I think I’ve made my point. Ruby & Bert, Jake or Tom; everyday people. Possibly even living in Leigh on sea.

Back to the noisy neighbour with his cheerful chums, happy music and fun-loving racket at 3 am; if it is a regular occurrence then they are a “nuisance”in law and a stiff solicitor’s letter should do the trick.  But I do not recommend quoting the Human Rights Act at them.

This article is by Melinda Giles of Giles Wilson Solicitors

For any legal advice please call Melinda on 01702 477 106 or arrange a visit at one of their three offices; 1711 London Road Leigh, 54 Leigh Broadway, 5 Roche Close Rochford. Leigh-on-Sea Profile: https://www.leigh-on-sea.com/giles-wilson-solicitors-leigh.html
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