Human Rights Solicitors Belfast

Human Rights & Public Law

Fundamental rights and freedoms that everyone in Ireland is entitled to are enshrined in the Irish Constitution. Public bodies such as the police, councils, schools and local authorities all have a duty to make sure your rights are protected. 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.

Let's Talk

no obligation

line

Our Human Rights and Judicial Review department is headed by Enda McGarrity, who has been involved in numerous high-profile human rights cases.

In summary, human rights law is concerned with the protections of the basic human rights of individuals and groups of people. These rights are enshrined in international and European law, as well as in domestic law.

The European Convention on Human Rights (ECHR) sets out the basic rights of individuals which are also protected by domestic law in Ireland. These include the right to life, the right to a private and family life, the right to freedom of expression and the right to be free from discrimination.

There are a variety of legal remedies available when someone has suffered a breach of human rights. Public law remedies such as Judicial review are commonly used to challenge the decisions of the Government or a public body if it breaches someone's human rights or is incompatible with existing domestic or European law. Other avenues include civil actions, coroners Inquests and public inquiries.

The circumstances of each case will dictate the most appropriate legal remedy to pursue, and our team of specialised solicitors can advise you on the most appropriate action.

*In contentious business, a solicitor may not calculate fees or charges as a percentage or proportion of any award or settlement.

Read more

FAQs

How do I take legal action for a human rights violation?

If your human rights have been breached there are generally a number of options to consider. 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 case. We will put together evidence in support of your case and contact the relevant authority to put them on notice of the legal action.

If the Defendant(s) admit liability, we will proceed to negotiate how the issue might be resolved. Depending on the nature of the legal action taken the case settlement may involve an award of compensation or the at fault party agreeing to take other remedial action.

If the issue can not be resolved by negotiation it will proceed to court. The level of Court involved will again depend on the type of legal action that has been taken. Public law challenges against the State will generally take place in the High Court. While civil actions where the wronged party is seeking compensation will take place in the District Court, Circuit Court or High Court depending on the monetary value of the claim.

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 remedy. 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 remedy you will receive. Some jurisdictions have specific guidelines or statutory limits for certain remedies.

  • 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 or more just remedial action.

  • Negotiation or Litigation - whether your case is resolved through negotiation or litigation can also affect the remedy. Negotiated settlements may result in different compensation amounts or remedial action 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.

Have any questions?Live ChatMail Us

Get in Touch

Speak to us with No Obligation

Our team of expert solicitors will be happy to assist you with your enquiry without any obligation to use our services. Contact us using your preferred method and we will gratefully assist.
Contact Details
Call Us
01 533 7860Mon-Fri 9am-5pm

Contact Our Solicitors

Please fill out the simple form below and we will contact you as soon as possible

By submitting the form, I agree to the privacy policy.

Our Human Rights Team

Conal McGarrityConal McGarrityDirector
Enda McGarrityEnda McGarritySolicitor
Sarah KirkSarah KirkTrainee Solicitor
SEO& Web design by Vudu