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Your Rights Under the Human Rights Act 1998

By: Jeff Durham - Updated: 16 Sep 2021 | comments*Discuss
 
Human Rights Act Exercising Human Rights

The Human Rights Act 1998 exists not simply to protect you in the more serious situations that involve matters such as torture and persecution. This Act incorporates your rights as an ordinary citizen going about your day to day business. This includes your freedom of speech, your religious beliefs and practising them, your rights to a fair trial should court action be taken against you, and other similar basic rights that you have in everyday life.

They are not absolute, however, and the government does have the necessary power to restrict and control certain elements contained within the Act where it is necessary to do so. This might include cases where, for example, in the interests of national security your freedom of speech might be limited, or your limits on privacy might be removed in situations where you might have your phone tapped if the government or the police felt you posed a threat to national security, or that you were using a phone as a means of communication for the purpose of committing a crime.

In addition to protecting your own human rights, the Human Rights Act 1998 also makes it mandatory for you to respect the rights of other people and to exercise your rights in a manner in which you would not be preventing others from exercising theirs.

Some of your basic human rights, as covered by the Act include:

  • The right to life and liberty
  • The right to a fair trial
  • The right to respect for family life and your own private life
  • The right to access education
  • The right to take part in free elections
  • Freedom of thought, expression, assembly and association
  • Freedom to practice legitimate religious beliefs

Exercising Your Human Rights

If you feel that you are being prevented from exercising any of these basic human rights or the others contained within the Act, you have the right to a solution by law, even if you feel your rights have been violated by a person or organisation in authority, such as the police. However, in the vast majority of cases, any fundamental disagreement you might have with regards to your ability to exercise your human rights can often be resolved quite amicably between the parties concerned or with the Help Of Mediation Services.

Nevertheless, in cases where no agreement or resolution can be reached, you are entitled to take your case further. This may be either to a court or to some kind of appropriate tribunal, whichever is the most appropriate. Before taking your case further and issuing any court proceedings, however, it is recommended that you seek legal advice. Your local Citizens Advice Bureau or Community Legal Advice centre can advise you on these matters and, in accordance with the Act, advice needs to be provided to citizens of the UK in their native language if they do not have a sufficient command of English.

It is important to remember, however, that in certain circumstances, there may be very legitimate reasons for denying some of the elements contained within the Act and to be sure of the legal implications in terms of how you have interpreted the law by Consulting With A Legal Expert first.

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Neighbour has moved a monstrous shed at least 12 x 12 x 12 from bottom of garden to within 9ft of back of bungalows.Standing within inches of my fence and much higher than the back fence, invading my privacy and blocking all the sunlight from the top of my garden, back of property.Shed obviously has a roof and side and a fully fitted base
Samiej67 - 16-Sep-21 @ 2:52 PM
My neighbours security camera is on my door & garden, motion sensor but doesn't go on to his driveway where his car is parked, how is that protecting his property...........
KaS - 5-Aug-21 @ 5:41 PM
Hi my neighbour recently converted a bathroom to a bedroom and window is no longer obscured glass. It's second floor and looks right into my kitchen and dining room. They don't have any view of their own property but mine. I no longer hang out washing and keep curtains closed and very rarely use the garden now as it's not private.Can I do anything about this?
Rita - 24-Jun-21 @ 10:10 PM
Me new neighbours of 8 weeks have put up cctv and are watching everyone that comes and goes to my home and my kids playing in there own back garden is yhis allowed
Shorty - 19-Jun-21 @ 1:58 AM
Our neighbours have a trampoline in the back garden it is close to the fence line and very close to the house their 14yr old and the father bounce on this trampoline and stare at us in our house through the window. These neighbours are unapproachable what can I do about it ??????
Sg - 25-May-21 @ 9:36 PM
Our neighbours have a trampoline in the back garden it is close to the fence line and close to the fence, their 14yr old and the father bounce on this trampoline and stare at us in our house through the window. These neighbours are unapproachable what can I do about it ??????
Sg - 25-May-21 @ 9:33 PM
I have a really big willy and my neighbours keep looking over at it when I sunbath naked.
Peter Pan - 11-May-21 @ 7:17 PM
Hi our neighbours have constructed a large man cave which is over looking our garden without planning permission it is a rather long garden 126ft long, , they been inviting friends back and these strangers are walking back and forth the via the garden wall ajacent to overlooking my property,to use the neighbours outside toilet, i feel I cant even sit in my garden anymore with no privacy I feel as if it is affecting my mental health due to no privacy what can I do about it
Crochetnan - 25-Apr-21 @ 6:50 PM
Re CCTV @ your door - data protection act
Lee - 20-Apr-21 @ 6:34 PM
What to do if my neighbor is facing the camera to my doorstep and to my backyard
Bella - 15-Apr-21 @ 12:17 PM
Over 9 months now, the nextdoor landlord and/or estate agent haven't repaired the fencing my nextdoor neighbours have rented the house. My privacy is non existent. I've threatened legal action & they've ignored me. Anything I can do?
Natalie - 1-Apr-21 @ 2:18 PM
My new neighbour has just moved in next Dr I keep myself to myself it's turning out she has mental health and bothering us all the time i.e banging around at 4.30 in a morningbeen a jekyle and hide I'm sick of been disturbed what are my rights
Ann - 26-Mar-21 @ 8:49 AM
Hi i have a noisy neighbours they have 3 kids who just want to shout n bang in their house but i can hear every little sound they make its been goin on like this now for 18 months now n ive just had enough.am a diabetic type 2 n my nerves are goin bad with it.ive spoken to ennviomental heath team in newcastle under lyme n they set me up with a noise app n ive not heard from them at all n its been 5/6 weeks now.so i need more help to stop the shouting n banging please can you help me.
Baggie - 15-Feb-21 @ 9:19 PM
one of our neighbors (community hospital)have constructed a four story building on their land .They have windows on our side. this has turned the open view into closed view from our side and i am not able to use my garden because it seems someone is watching me thru the windows. what remedy do i have ?
Mrs .Mukarram - 7-Dec-20 @ 7:51 AM
Where do I start.After Owning my own house for 20* years. Find myself and children and pets in rented Accommodation after my divorce it’s been hell.. We have been discriminate against because we are renter. It doesn’t matter that we work hard. Made thehouse and garden over,to make it feel more Homely for us. Ithas been ruin by horrible neighbours.Forcing a family to look for Attentive accommodation what hasaffect her sons needs. Making comments behindtheir fences Blind watching us though there CCTV its a big joke to them.ITS ALLBECAUSE THEY DONT WANT US USING THE Garden. Because No one else has use the garden before. Makestheir dogs barks BS!!!!100% These people arestupid small minded people. Bullied asingle parent Who has a son who Has a Disability and supported needs. .Takingthe piss out of his mother Because she has a Medical condition. . Throughout the lockdown normal people inthis world support and look out foreach other. I really don’t understand these people they must have some sort of personality disorders.. Its not normal. The police do know about it but they’vetalkedtheir way out of it, like they always do. Deleting the evidence getting their story straight.They have done this toother tenants as well In the past. Hopefully one day they will getnew neighbours and Do this to the wrong people. They should be disgusted in their selfs.We are nice honest people just trying to get on with our life’s
I hate bully - 29-Nov-20 @ 1:07 AM
Hi my mum and dad have lived at there house for 40 years in the 1980s my dad said to next door do you want to go half's on some conifers anyway they did but it came onto my mum and dad's border.. Fast forward to 40 years later the house in question is now rented to a man who isn't very nice but everyone thinks the sun shines out of his bottom... He has now put a 7ft fence right on my mums border which has also made my mums shed tilt forwardits very upsetting for my mum as my mum is nursing my dad who is dying... We questioned it with the rental place they said they had contacted the neighbour but he has cameras said he hasn't done it I asked to see the video but they said no.. Is there anything I can do
Carebear3 - 12-Oct-20 @ 5:59 PM
Our neighbours are the king and queen of extensions and home improvements.They’ve closed off their garden access to convert to a laundry room and told us that they were going to create access through their garage.They changed their mind and have put a gate close to our border and a raised patio and can see right into our kitchen and beyond into the garden. Not that washing up was my favourite chore but I now feel uncomfortable at my sink, drinking coffee at my breakfast bar or eating dinner at my dining table.Also if we’re working in the garage they can look straight at us. We tried to talk to them but they constantly interrupted us and then Made it personal.Their answer basically is it’s their home and land and they can do what they want and they don’t need our permission and just so you know we’re going to paint the red brick wall white so when the sun shines it will glare in your window.Also the gate now means we have lost the ability to sneak an extra car at the end of our drive which didn’t block any accesses although we’ve been doing this for 17 years.
Nikki - 18-Jul-20 @ 5:17 PM
Our neighbours are the king and queen of extensions and home improvements.They’ve closed off their garden access to convert to a laundry room and told us that they were going to create access through their garage.They changed their mind and have put a gate close to our border and a raised patio and can see right into our kitchen and beyond into the garden. Not that washing up was my favourite chore but I now feel uncomfortable at my sink, drinking coffee at my breakfast bar or eating dinner at my dining table.Also if we’re working in the garage they can look straight at us. We tried to talk to them but they constantly interrupted us and then Made it personal.Their answer basically is it’s their home and land and they can do what they want and they don’t need our permission and just so you know we’re going to paint the red brick wall white so when the sun shines it will glare in your window.Also the gate now means we have lost the ability to sneak an extra car at the end of our drive which didn’t block any accesses although we’ve been doing this for 17 years.
Nikki - 18-Jul-20 @ 5:16 PM
Our neighbours are the king and queen of extensions and home improvements.They’ve closed off their garden access to convert to a laundry room and told us that they were going to create access through their garage.They changed their mind and have put a gate close to our border and a raised patio and can see right into our kitchen and beyond into the garden. Not that washing up was my favourite chore but I now feel uncomfortable at my sink, drinking coffee at my breakfast bar or eating dinner at my dining table.Also if we’re working in the garage they can look straight at us. We tried to talk to them but they constantly interrupted us and then Made it personal.Their answer basically is it’s their home and land and they can do what they want and they don’t need our permission and just so you know we’re going to paint the red brick wall white so when the sun shines it will glare in your window.Also the gate now means we have lost the ability to sneak an extra car at the end of our drive which didn’t block any accesses although we’ve been doing this for 17 years.
Nikki - 18-Jul-20 @ 4:01 PM
Hi, I have a neighbour that has one of the biggest trampolines in her garden. Daily they use there trampoline which overlooks my garden. Everyday the adults use the trampoline aswell as there children. We are so overlooked when they are jumping is there anything I can do about this?
K - 7-Jul-20 @ 7:43 PM
I live in a terraced house and flats built at the bk of my garden , the upstairs flat has a window tht opens and looks into my garden and house . I feel my privacy us invaded and now rarely use my garden as a result as the person living in the flat continually has his window open hearing all conversation and any normal noise he hangs out if it and shouts at me
Jayne - 28-Jun-20 @ 5:23 PM
Hi my neighbour at back of myhousehas a camera pointing at my house is this allowed please
Lou - 25-Jun-20 @ 9:37 AM
I would like some advise regarding the below: I am renting a studio flat on the 1st floor of the block of flat and my flat is in front next to the porch and the entrance door. Our mailboxes our outside the block of flat and few of the mailboxes have been vandalised so The estate agent has just installed a camera on the porch ( which I do not dispute) butthe camera is pointed directly into my flat and if I open my blind they can infringe my private life. I have send the estate agent few emails to make them understand that the camera is place in the wrong side of the porch but they do not want to know what should I do?
ice - 22-Jun-20 @ 8:24 PM
My neighbours put a security light in our shared ally which is just mine and his house and my motorbike is down there and it shine directly onto it and and now worried that it will attract people more as it will light up and show the bike making it more prone to it being stolen is their anything I can do about this
Jammy - 14-Jun-20 @ 10:25 PM
Theres knowing your rights and your rights not being noticed because you are disabled. I have been living with bullies next door, since they moved in about eight years ago, the police know what they have done to me, yet they are untouchable it seems. They shine lazers in my eyes to damage the cctv on my property and now I suffer with migraines, they slander my good name , they humiliate me, they damage my property, they show hate to wards me by throwing there hands about taking the p out of me being disabled and now they are painting my shed without my say so, this is over my wall and a different colour to my shed I guess thats making me look a disabled fool knowing I am disabled and no one is going to stop them. This used to be a nice place to live now I feel no ones cares, knowing what neighbours are doing to me its killing me slowly.
rolling man - 12-Apr-20 @ 6:57 PM
My neighbour & I share our front doors' access area. We are both tenants of social housing properties. They have installed an i-Ring doorbell situated in middle of our doors. It can record; has motion detection plus alert; also infrared capable video & scrutiny. I am very distubed by this idea regards my privacy.I will be unable to be outside my home or have visitors without neighbour knowing everything. What can I do? How do I protect my privacy???
passiflora - 12-Oct-19 @ 9:33 PM
Our new neighbours (they're renting) have erected an enormous trampoline which takes up practically a third of their garden. It was initially put right up our fence and the children made a point of telling us they could see into our garden. We asked for the trampoline to be moved further down the garden, which to be fair they did, but it's still in a position where the children can still see into our garden, but its better than it was. It's also an eye sore in our opinion.Are there no regulations on erecting large trampolines or such, and the invasion of our privacy, let alone the noise they also make...Thanks in advance
Rutter - 8-Jul-19 @ 10:09 AM
i am in gay relationship, we just come back from holiday abroad to our home being surrounded by cctv. they have placed a camera in our garden apparently looking at her shed which is under her stairs on our back door wall. the camera looks like it is pointing down at our back door.she has also put one above her front door looking down at our front door as she is above us. then she put one at the front of the block looking over the green pointing towards her car.the only one legit is the one looking up her garden.the Wolverhampton police have done nothing except close the file.she is clearly breaching our privacy, they have been verbally abusing us as well. wait and see what the police say about that on Saturday but thats taken 8 days considering i 999 it when i reported. she clearly is breach human rights and cctv code of practice. and surveillance camera commissioner what can i do i feel im not getting the support from my police or council ?
loopylee - 6-Jul-18 @ 8:05 PM
My neighbour has a flock of pigeons which he keeps in a coop. He lets them out for exercise twice a day every day 0900 to 1100 and again 1500 to 1700. The pigeons are not racing pigeons and not tagged ( I know this because one died when it flew into my window) The problem is they crap over my garden, house, conservatory and cars. We dare not sit in the garden while they are out. What can I do
Jaja - 19-Jun-18 @ 5:02 PM
Nipper - Your Question:
Age concern centre is our estate I have found our recently one of there camera arePointed at my small front garden where my grand children play It's quite a distance from the centre and we are very concerned There is no signage around the estate about this Any advice on this please we have live here for 50 years

Our Response:
Talk to the Age Concern organisation first of all. Ask them who can view the footage and whyCCTV is there etc. If you're worried about privacy talk to yourlocal community policing team.
ProblemNeighbours - 18-May-18 @ 3:28 PM
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