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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71042
Experience:  Over 5 years in practice
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i was going to northern ireland in july 2013.due to the conflict

Customer Question

i was going to northern ireland in july 2013.due to the conflict around the Ardoyne area . I noticed that Gerry KELLY was preventing people in ardoyne in finding a way forward . Could i prosecute against Mr KELLY for a breach of my human rights in seeing my family
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

How has he stopped you seeing your family? These events were only for a short time?
Customer: replied 4 years ago.

i could not get more time off work and was restricted. It could have put my job in question and there is also restrictions on childrens schooling

Expert:  Jo C. replied 4 years ago.
Sorry if I'm missing the point, but how has he stopped you seeing your family?

I realise it was impossible on this occasion but how does that differ from a train cancellation, for instance, meaning that you cannot get back.
Customer: replied 4 years ago.

the trouble that was organised around that time was due to the marching season . Mr KELLY comes from outside te area and creates tension and organises conflict. This equalled I wa sunable to take my family over to visit my family in Belfast.

Expert:  Jo C. replied 4 years ago.
Thank you.

I am sorry but I'm afraid you will struggle with this.

You do have an Article 8 right to a private and family life. However, being unable to see your family on one occasion does not mean you are being prevented from having a family life per se.

Also, the HRA regulates the relationship between the State and the individual. People cannot sue each other for alleged breaches under the HRA. In fact, Mr. Kelly is arguably a politician but that doesn't make him part of the state. He would have to be part of a Government and acting on Government business to be acting as the State.

I do realise this was hugely disappointing but its not an HRA breach I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.