Human Rights Act 1998

Introduction

The Human Rights Act 1998 came into effect on 2 October 2000. This Act builds most of the European Convention into UK law. Initially this will be the Convention and the (1st) Protocol. But subject to certain restrictions about how the individual may apply and invoke this law.

It will still be possible to apply (or appeal) to Strasbourg, but it is likely that the Strasbourg judges will require the individual to apply under HRA98 in the UK, quoting ECHR law, as part of the usual requirement to 'exhaust the domestic remedies'.

CG are currently studying this act and waiting for the rules of court which may determine how the individual may apply. We shall of course update this section of the website with information to facilitate applications.

Prospects

There is a possibility that the UK judges will be required to change their attitudes, although applying to these people is a bit like the Jews asking the Nazi Party to assist with Jewish welfare. The UK judges have been violating men's human rights for two generations, and will not wish to admit to any failings, let alone serious malpractices of which they are guilty.

Essentially the judges have an opportunity to change the corrupt system, but are highly unlikely to admit that there are any problems for which they are responsible.

Initial cases which refer to HRA98, and these occured before 2 October 2000, are not encouraging for men. An example is G-A (A CHILD), in which the mother's human rights were somehow considered more important that the father's. The child's were not even an issue.

Further information

Information is available in :

Blackstones Guide to the Human Rights Act 1998

John Wadham & Helen Mountfield

Blackstone Press Ltd, 1999, ISBN 1 85431 837 3

 

Family Law and the Human Rights Act, 1998

Swindells, Heather, et al

Jordans, 1999, ISBN 0 85308 573 0

the second of which is far superior, although failing to address the fundamental issues with which we are concerned, as it has been written by lawyers.

 

Action required

It will be useful to test the matrimonial system system under the HRA98 provisions. CG will provide as much assistance as possible for those who wish to take cases, and further information will be posted to this page when available.

Class action

Please refer to the information of a possible class action which we shall progress, and which is relevant to those wishing to apply.