The UK Human Rights Act 1998: implications for nurses

2001 ◽  
Vol 8 (3) ◽  
pp. 223-233 ◽  
Author(s):  
Jean McHale ◽  
Ann Gallagher ◽  
Isobel Mason
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Social Life ◽  
Good Practice ◽  
Reciprocal Relationship ◽  
The United Kingdom ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
Code Of Professional Conduct

In this article we consider some of the implications of the UK Human Rights Act 1998 for nurses in practice. The Act has implications for all aspects of social life in Britain, particularly for health care. We provide an introduction to the discourse of rights in health care and discuss some aspects of four articles from the Act. The reciprocal relationship between rights and obligations prompted us to consider also the relationship between guidelines in the United Kingdom Central Council’s Code of professional conduct and the requirements of the Human Rights Act 1998. We conclude with the recommendation that the new legislation should be welcomed for its potential to support good practice and to urge critical and reflective practice rather than as yet another burdensome bureaucratic imposition.

scholarly journals After the Honeymoon: The Uneasy Marriage of Human Rights and the Environment Under the European Convention on Human Rights and in UK Law Under the Human Rights Act 1998

2014 ◽  
Vol 43 ◽  
pp. 317-368
Author(s):  
Karen Morrow
Keyword(s):  
Human Rights ◽  
European Convention ◽  
The Right To Privacy ◽  
The United Kingdom ◽  
Protection Of Human Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Right ◽  
Domestic Law

The European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (ECHR) regime has, in the absence of specific coverage of environmental rights, developed a “creative” approach in its jurisprudence in this area, pressing a variety of other rights, notably: Article 6 (the right to a fair hearing); Article 8 (the right to privacy and family life); and Article 1 to the First Protocol of the ECHR (the right to enjoyment of property) into service. This creativity has achieved much in according indirect protection to individuals in this regard, but has also placed additional pressure on the already congested Convention system. The entry into force of the Human Rights Act 1998 (HRA) made long-held rights under the ECHR directly accessible in domestic law in the United Kingdom. This naturally spawned a wave of litigation. One of the most prominently litigated areas concerned the pursuit of a variety of environment-based rights claims. In the intervening decade, the application of the ECHR to environmental claims in the UK courts has generated somewhat mixed results. This is in part a result of the “patchwork” approach that has developed toward environmental claims within the Convention regime itself, but it is also a product of the nature of the relationship between the ECHR and domestic law and the content and ethos of both regimes. This article will conclude by briefly considering the on-going role of the ECHR regime in environmental cases in light of subsequent developments in this area of law, notably under the Aarhus Convention.

17. Freedoms and liberties in the United Kingdom

2020 ◽  
pp. 407-450
Author(s):  
Neil Parpworth
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Civil Liberties ◽  
European Convention ◽  
Bill Of Rights ◽  
Economic Rights ◽  
The United Kingdom ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter is concerned with how freedoms and liberties might be protected in the UK. It begins with an attempt to distinguish between human rights and civil liberties, whilst recognizing that this is by no means a straightforward task. It then covers political and social or economic rights, the traditional means of protecting civil liberties in the UK, the European Convention on Human Rights, the incorporation of the Convention into English law, and judicial deference/discretionary areas of judgment. The Human Rights Act 1998 is reviewed from a protection of rights perspective. Finally, the question of a Bill of Rights for the UK is considered.

scholarly journals The New Zealand Bill of Rights Act: going beyond declarations

2014 ◽  
Vol 10 (4) ◽  
Author(s):  
Tom Hickman
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
New Zealand ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
The United Kingdom ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
Cultural Pressures

The process of capturing and entrenching fundamental rights remains very much a live one in both New Zealand and the United Kingdom. In both countries there is pressure to move on from the current bill of rights legislation: the UK Human Rights Act 1998 (HRA) and the New Zealand Bill of Rights Act 1990 (NZBORA). While the two jurisdictions are subject to quite different political and cultural pressures, there remains a great deal of scope for exchange of ideas and experiences. 

20. Using Human Rights in the United Kingdom Courts

Public Law ◽  
2019 ◽  
pp. 680-754
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Case Studies ◽  
The United Kingdom ◽  
Domestic Courts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Control Orders ◽  
The Uk

This chapter examines the use of human rights in the domestic courts of the UK. The chapter is organized as follows. Section 2 considers the main features of the Human Rights Act 1998 (HRA). Section 3 looks at the issue of judicial deference to the executive and Parliament in human rights situations. Sections 4 and 5 examine two case studies. The first of these is the litigation brought by Shabina Begum challenging her school’s decision preventing her from wearing a jilbab to school. The second case study considers the litigation that followed the enactment of Pt IV of the Anti-terrorism, Crime, and Security Act 2001, and the challenges to control orders imposed under the Prevention of Terrorism Act 2005.

Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

2013 ◽  
Author(s):  
Simon Evans ◽  
Julia Watson
Keyword(s):  
Human Rights ◽  
High Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Key Features ◽  
The Uk ◽  
High Court Of Australia ◽  
The Impact

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, and then considers the impact of Australia's distinctive legal culture and constitutional structure on the operation of these instruments. In particular, it examines the impact of culture and structure in the decision of the High Court of Australia in R. v Momcilovic [2011] HCA 34; (2011) 280 A.L.R. As a result of that case, key features of the Australian Bills of Rights now diverge from the dominant UK approach, a divergence so striking that it may no longer be possible to identify the Australian Bills of Rights as exemplars of the new Commonwealth model.

R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
European Convention ◽  
The United Kingdom ◽  
Secretary Of State ◽  
House Of Lords ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Home Department ◽  
Editorial Decisions

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords. The case considered whether the Secretary of State could restrict the editorial decisions of broadcasters as regards the way in which messages from spokespersons for proscribed organizations were broadcast. The United Kingdom was a signatory to the European Convention on Human Rights (ECHR) when the case was heard, but the case also predates the passage of the Human Rights Act 1998. There is discussion of the legal position of the ECHR under the common law in the United Kingdom, and the concept of proportionality in United Kingdom’s domestic jurisprudence. The document also includes supporting commentary from author Thomas Webb.

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