European Court of Human Rights

[D0r0thyG]

Is it possible British Carers could have a case that could be resolved at the European Court of Human Rights?

I think the main insult by the British Government is stopping Carers allowance when reaching retirement age.

I don't know how other countries systems work regarding carers. Does anybody here know?

If one person took their case to them and won, that would be the biggest breakthrough we could wish for. Please say if you think this is impossible. Just an idea.

http://en.wikipedia.org/wiki/European_C ... man_Rights

[Alexr115]

Is it possible British Carers could have a case that could be resolved at the European Court of Human Rights?

I think the main insult by the British Government is stopping Carers allowance when reaching retirement age.

I don't know how other countries systems work regarding carers. Does anybody here know?

If one person took their case to them and won, that would be the biggest breakthrough we could wish for. Please say if you think this is impossible. Just an idea.

http://en.wikipedia.org/wiki/European_C ... man_Rights

any case can go to the ECHR as long as the claimant has exhausted the options in their Domestic country. two things that are probably not on your side.
1. Money - You'd need a top notch barrister
2. Time - Cases take years to be heard

[D0r0thyG]

OK. Thanks Alex. Just a thought.

[Guest]

Carers UK commissioned research three or four years ago(?) which confirmed that carers' Human Rights are being breached. Many carers argued for CUK to support a test case or a class action through the courts, as Alex says all domestic remedies have to be exhausted before approaching the European Court of Human Rights, but CUK was unable/unwilling to financially support such a case. I assume that the report is gathering dust on a shelf somewhere, all that came out of it to the best of my knowledge was a press release, rather a waste of money to my mind.

It is possible to try and get free pro bono, literally "for good", legal assistance. For anyone who's interested in mounting a Human Rights case against the government or a local authority it might be worth looking at this site, I haven't had time myself:

http://www.probonouk.net/index.php?id=assist_pub

[annab]

I ssen that this was also brought up by Anon on the Carerwatch Testomonies,and that CUK have report on this. Anybody know anything?

Anonymous
# Posted: 12 Jun 2008 09:22
Reply Quote

''Carers UK has already conducted research into the relationship between carers and the Human Rights Act which concluded that carers' human rights under the Act are being breached. A link to the conclusions should be available on the CUK site''.

http://www.carerwatch.com/testimonies/i ... 6&topic=34

[Christine Carers UK]

The report 'Whose rights are they anyway? : Carers and the Human Rights Act' is available to download from our website:

http://www.carersuk.org/Policyandpracti ... erResearch

Carers UK's Equal Partners also produced a briefing on this subject. For more information visit]http://www.carersuk.org/Getinvolved/Spo ... umanrights[/url]

[charles47]

Recently, Luke Clements - a lawyer with a background in Human Rights and in carer legislation - was looking for carers willing to go to court via Legal Aid on this issue. I don't know if anyone came forward?

I went on a training day with him a couple of years ago and he said the principal reason why there have been very few tests of the law around carers is the cost issue. Carers cannot afford to go to court and often don't qualify for Legal Aid - and when they do they are all too often too exhausted to keep fighting.

[smiler]

Or no respite is available for them to appear