The Human Rights Act

What is the Human Rights Act?

The Human Rights Act was a massively important piece of legislation for the United Kingdom; it gave direct effect within British law to the provisions contained in the European Convention on Human Rights (ECHR).

The ECHR came about following the atrocities of World War II. Many European nations, including the UK, signed up to the ECHR in order to ensure that basic rights and freedoms were enjoyed throughout Europe and events seen during the wars could not happen again.

The Human Rights Acts enshrines a number of key provisions into our Law enabling an individual to enforce his/her rights within the UK Courts.

It is important to remember that the Human Rights Act only applies to acts and omissions of public bodies. There is much debate about what constitutes a public body, but essentially the list will include: the government, NHS Trusts, PCTs and the Courts.

There are thirteen Articles contained in the Act which represent core rights and freedoms to be enjoyed by all citizens. However, there are only three which really interplay with medical law. They are:

Article 2: Right to Life

Article 3: Freedom from degrading and inhumane treatment

Article 8: Right to private and family life

How can the Articles be applied to Medical Negligence Claims?

Article 2: Right to Life

Not only does this Article ensure that no public body can take a life, but it also provides that there should be effective systems in place to inquire into a death.

The Inquest system within the UK satisfies the requirements of the Act. However, Article 2 can also be used to force an inquest where one was not due to take place and also to secure funding for legal advice at such an inquest

Article 3: Freedom from degrading an inhumane treatment

Clearly, Article 3 of the Human Rights Act has the potential to apply to medical treatment. However, it must be borne in mind that the Articles originally were introduced to protect against the treatment that occurred during World War II.

However, Article 3 does apply to medical treatment (and in some circumstances, Care Homes).

What is not clear is in what circumstances there will be a breach of Article 3. There have been a number of cases before the Courts on this issue. It appears that the treatment must amount to gross negligence, unless the person is detained under mental health law.

How do I bring a claim under the Human Rights Act?

Your Lawyer will discuss this with you. It may be that your Human Rights Act claim involves a Judicial Review of a decision to refusing funding for treatment.

In addition, Human Rights Act allegations can be brought along side a negligence claim.

How long do I have to bring a claim?

There is a one year limitation period in Human Rights Act claims. The Court does have a discretion to extend this time limit but it is recommended that you seek advice as soon as possible.

Contact us to discuss your concerns with a specialist Medical Lawyer.