Human rights act

Question 1

Who are human rights act enforceable against?

Answer 1

Public authorities

not individuals

i.e. an individual cannot breach your rights

Question 2

Human rights act article 2

Answer 2

right to life

absolute right with respect to intentional killing

There is no absolute obligation to provide life saving treatment

Withdrawal of futile treatment will not breach article 2

Right to life does not include fetuses

Question 3

Article 3 - examples of breaches

Answer 3

prohibition of torture:

Breaches:

• non-therapeutic sterilisation of a women (not done for health reasons)
• Excessive restraint of patients unnecessarily

Question 4

Article 5

Answer 4

Right to liberty

Not an absolute right to liberty:→ Detention is lawful if necessary for:

• a mental illness
• or prevention of infectious disease

Individuals must have access to an effective, speedy means of challenging detention:

• e.g. MHA appeal process
• e.g. DoLS (deprivation of liberty safeguards)

Question 5

Article 8

Answer 5

“right to a private life”

Protects patients’ rights to:

• Confidentiality
• Can refuse medical treatment even if life-saving

Not an absolute right

Can breach article 8 if:

Question 6

The Universal Declaration of Human Rights 1948- Article 25:

Answer 6

Everyone has the right to a standard of living

that is adequate for the health and well-being of himself and of his family

including food, clothing, housing and medical care and necessary social services

Question 7

Libertarianism vs utilitarianism

Answer 7