Can it be more than just a tool for the vulnerable or oppressed individual, resisting the government, the state or over-eager bureaucracies? Will it always feature in the media as the trump card of the ungrateful and undeserving (and usually foreign) person resisting the obvious common interests of the rest of (respectable and law abiding) society?
For every human rights myth there are real life stories illustrating the potential of these laws to do good. Let me give you one example. Around one in 10 people in care homes are married - and many have celebrated their golden wedding. Several recent cases highlight how occasionally local authorities have tried to separate elderly couples on the basis of their differing care needs. Article 8 of the Human Rights Act gives everyone a right to their "private and family life". Sensible local authority staff understand that this is not some technical and European law but is itself commonsense, respects the dignity of their relationship and could help to prevent a distressing wrench of two entwined lives. A more enlightened authority might want to extend this to all those in relationships whether married, long term same sex partners or just in love.
Most people can empathise with the plight of much loved ageing relatives but human rights apply to everybody, including those who are unpopular or despised. The casual (and often mistaken) invocation of human rights by children against their parents for trivial restrictions on their freedom might give the law a bad name but there are groups like prisoners, psychiatric patients and Gypsy-Travellers, vulnerable in a society that sometimes appears unconcerned with justice for unfashionable minorities, who need the protection these laws offer. But the recent horrific tales of the treatment of children by their parents and carers in Europe demonstrates we have still got a long way to go even to protect them.
The challenge for the Equality and Human Rights Commission is to understand the impact of human rights law in Britain - both positive and negative. Ultimately the commission wants to build a culture where respect for human rights is embedded in the policies and services that affect people's lives.
The commission has launched an inquiry, chaired by Dame Nuala O'Loan, the former Northern Ireland police ombudsman, to examine the state of human rights in Britain today. We are now calling for evidence from service providers - like local authorities - and we also want to hear from anyone who has used human rights arguments to challenge the way they were treated by services such as a hospital, the police, government or school. This also includes private or voluntary organisations carrying out public functions, for example a privately run prison.
We want people to fill in a short questionnaire, which will help us to draw an accurate picture of what is working and what improvements can be made.
Our ultimate aim in creating a human rights culture is to reduce the need to resort to legislation after a human rights abuse has taken place. If we are successful, human rights principles, such as decency and dignity, will underpin models of good practice in the public and third sector.
· John Wadham is equality and human rights legal group director at the Equality and Human Rights Commission; copies of the commission's questionnaire can be downloaded here
