Under the Human Rights Act, there are various remedies available against infringement of rights of individuals. Regarding the entitlement of a person to complain about infringement, the Act provides that a person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by under this Act, may –
(a) Bring proceedings against the authority under this Act in the appropriate court or tribunal, or
(b) Rely on the Convention right or rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful act.
When the proceedings are brought on an application for judicial review, the applicant is to be taken to have a sufficient interest in relation to the unlawful act only if he is, or would be, a victim of that act.
It has been provided that a person is a victim of an unlawful act only if he would be a victim for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act. Article 34 of the European Convention provides that the Court may receive applications from any person, non-governmental organization or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.
