Human Rights

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.