Guidance

Rights of way advice note 19: Human Rights Act 1998

Human rights arguments

Document

Rights of Way Advice Note 19

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Detail

This guidance sheet contains information on:

  • key sections of the Human Rights Act 1998
  • key convention rights likely to affect rights of way work
    • the right to a fair trial – Article 6
    • the right to respect for private and family life and for the home - Article 8
    • article 1 of the first protocol: the right to property
  • dealing with human rights questions
    • how to approach a claim of a violation of human rights at an inquiry or hearing (excluding Wildlife and Countryside Act cases)
    • Highways Act 1980: orders made under (ss. 26, 118, 118A, 118B, 119, 119A, 119B)
    • Town and country planning Act 1990: orders made under s.257
    • Wildlife and Countryside Act 1981: orders made under ss. 53 & 54