Article 3 of the Human Rights Act 1998: implications for clinical practice

2008 ◽  
Vol 14 (5) ◽  
pp. 389-397 ◽  
Author(s):  
Martin Curtice
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Clinical Practice ◽  
Clinical Setting ◽  
Case Law ◽  
European Court ◽  
Core Concepts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Health Review

The Human Rights Act 1998 was introduced into UK law in 2000. It must be considered in all clinical cases, including mental health review tribunals. The number of mental health cases brought to the European Court of Human Rights that breach Article 3 has been very few. However, Article 3 will need to be considered in the clinical setting in complaints arising from conditions of detention, seclusion, control and restraint. This article analyses the case law, illustrating its evolution and also demonstrating the fundamental and core concepts that underpin the Act that can be used in clinical practice.

scholarly journals Article 8 of the Human Rights Act 1998: implications for clinical practice

2009 ◽  
Vol 15 (1) ◽  
pp. 23-31 ◽  
Author(s):  
Martin Curtice
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Clinical Practice ◽  
Family Life ◽  
Case Law ◽  
Private Life ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Right ◽  
Health Review

SummaryThe Human Rights Act was introduced into UK law in 2000 and must be considered in all cases, including mental health review tribunals. Article 8 (the right to respect for private and family life) comprises two parts and has embedded in it ‘tests’ that must be applied when assessing any interference with this protected right. A review of Article 8 case law reveals how it is used and how it can be applied in a myriad of clinical situations. Because it involves the right to respect for private life, and is in a sense individualised, it will potentially affect people (both patients and staff) in the mental health services in a variety of ways. Article 8 has implications not only for patients but also for clinicians and healthcare organisations.

R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Public Law ◽  
Mental Health Act ◽  
East Region ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Court Of Appeal ◽  
Health Review

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal. This case concerned whether the language of ss 72–73 of the Mental Health Act 1983 could be read in such a way as to be compatible with the Human Rights Act 1998 (HRA), under s. 4 of that Act, or whether such an interpretation was not possible. In the latter case the court should consider making a declaration of incompatibility. This note explores s. 4 HRA declarations of incompatibility. The document also includes supporting commentary from author Thomas Webb

5. Case law

Legal Skills ◽  
2019 ◽  
pp. 85-103
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Case Law ◽  
Court System ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.

4. Case law

Legal Skills ◽  
2017 ◽  
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Case Law ◽  
Court System ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.

scholarly journals Medical treatment under Part IV of the Mental Health Act 1983 and the Human Rights Act 1998: review of Article 3 and 8 case law

2009 ◽  
Vol 33 (3) ◽  
pp. 111-115 ◽  
Author(s):  
Martin J. R. Curtice
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Medical Treatment ◽  
Clinical Decision Making ◽  
Clinical Decision ◽  
Case Law ◽  
Mental Health Act ◽  
Consent To Treatment ◽  
Human Rights Act ◽  
Human Rights Act 1998

Since the introduction of the Human Rights Act 1998, all courts and tribunals are obliged to interpret all laws and statute consistently and compatibly with the Human Rights Act. This includes the Mental Health Act 1983 (and the 2007 amendments) and mental health review tribunals. Mental health case law has evolved with regard to medical treatment under Part IV (Consent to Treatment) of the Mental Health Act being compliant with the Human Rights Act. Review and analysis of such case law can aide everyday clinical decision-making as well as improving knowledge of the Human Rights Act.

5. Case law

2021 ◽  
pp. 94-113
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Case Law ◽  
Court System ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.

7. Human rights in the United Kingdom

2020 ◽  
pp. 255-292
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Public Authority ◽  
European Convention ◽  
The United Kingdom ◽  
European Court ◽  
Domestic Legislation ◽  
Human Rights Act ◽  
Human Rights Act 1998

This chapter considers the European Convention on Human Rights (ECHR) and its relationship to the English legal system. The focus in the chapter is on key provisions of the Human Rights Act 1998—the Act that incorporated the Convention into UK law. In the earlier part of the chapter there is coverage of sections 2, 3, and 4 of the Act. These provisions concern the duties placed on the courts to take into account judgments of the European Court of Human Rights, to interpret domestic legislation so as to comply with rights under the Convention, and finally to issue a declaration of incompatibility when domestic legislation does not comply with rights under the Convention. Using examples from the case law, the chapter assesses how the courts balance their constitutional role to respect the supremacy of Parliament, with the duties provided in the Act to respect rights under the Convention. There is also an analysis of s.6 of the Human Rights Act 1998 which makes it unlawful for a public authority to act incompatibly with Convention rights. The analysis includes the contested question of what precisely constitutes a ‘public authority’, particularly when a private body is carrying out a public function.

R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Public Law ◽  
Mental Health Act ◽  
East Region ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Court Of Appeal ◽  
Health Review

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal. This case concerned whether the language of ss 72–73 of the Mental Health Act 1983 could be read in such a way as to be compatible with the Human Rights Act 1998 (HRA), under s. 4 of that Act, or whether such an interpretation was not possible. In the latter case, the court should consider making a declaration of incompatibility. This note explores s. 4 HRA declarations of incompatibility. The document also includes supporting commentary from author Thomas Webb

scholarly journals Making your case to the mental health review tribunal in England and Wales

2005 ◽  
Vol 29 (4) ◽  
pp. 149-151 ◽  
Author(s):  
George J. Lodge
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Family Life ◽  
Common Law ◽  
Public Hearing ◽  
Reasonable Time ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Right ◽  
Health Review

The function of the mental health review tribunal is defined in Part V of the Mental Health Act 1983. Together with statute and Common Law, it provides safeguards to those detained under the Act. The provisions of the Human Rights Act 1998 have strengthened these safeguards. The key articles in Schedule 1 of the Human Rights Act are 5(1)(e), relating to the lawful detention of persons of unsound mind; 5(4), providing that the lawfulness of such detention shall be decided speedily by a court; 6, providing for a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law; and 8, establishing the right to respect for a private and family life. The latter is relevant to disclosure, nearest relatives' rights, and treatment.

scholarly journals The European Convention on Human Rights: an update on Article 3 case law

2010 ◽  
Vol 16 (3) ◽  
pp. 199-206 ◽  
Author(s):  
Martin Curtice
Keyword(s):  
Human Rights ◽  
Recent Article ◽  
Case Law ◽  
European Convention ◽  
Healthcare Provision ◽  
New Developments ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Over Time

SummaryThe European Convention on Human Rights and the Human Rights Act 1998 (which enacts most of the Convention rights into UK law) are playing an ever-increasing role in determining the standards of treatment of those detained by the state and hence is of particular importance for those in hospitals, prisons or similar institutions. The European Convention on Human Rights is a ‘living instrument’ such that judgments emanating from the European Court of Human Rights will continually build upon previous jurisprudence and evolve over time. As Article 3 case law has evolved, its interpretation has broadened to now include a thorough scrutiny of hospital and prison conditions and healthcare provision where people are kept in detention. This article provides an in-depth update on recent Article 3 case law, but more importantly describes new developments in its application in the clinical setting.

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