By Anthony Jones, Solicitor

We have seen in the media recently the hot topic of Super Injunctions. The Human Rights Act 1998 was enacted in the UK following the European Convention on Human Rights. The Act gives you a number of human rights and freedoms, which if breached, entitle you to seek appropriate redress.

Whilst I am not going to include all the rights within this particular blog, those who have been seeking Super Injunctions have generally based it on their right to respect their private and family life.

Article 8 provides that everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference from a public authority with the exercise of this right, except as is in accordance with the law and is necessary in a democratic society in the interest of national security, public safety or the economic wellbeing of the country for the prevention of disorder or crime, for the protection of health or morals or the protection of rights and freedoms of others.

In the context of family law it is generally (although not limited to) the public law relating to children (care proceedings) where a public authority may have to interfere with the rights to respect private and family life.

Another example of protecting human rights is in the context of Family Injunctions (Non Molestation Orders or Occupation Orders). The Courts have to give careful consideration to the duration and scope of such Orders so that they do not interfere with a person’s right to family life and home.

Should litigation be successful in respect of breaches of human rights then the UK law may have to be changed.

If rights have been interfered with then the State will need to show that the interference was justified so (1) it must be in accordance with domestic law; (2) it must serve a legitimate aim; (3) it must be necessary and (4) it must not be discriminatory.

Returning to the Super Injunctions then – the identity of the Premiership Footballer now seems to be out in the open, so is it fair that those on social networking sites, politicians and the media disclose the identity of this person and are they potentially not respecting his right to private and family life?