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.

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.

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.

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

scholarly journals Detained patients and the right to refuse treatment

2014 ◽  
pp. 59
Author(s):  
Paul Bowen
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Interested Party ◽  
Mental Health Act ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Right To Refuse Treatment ◽  
The Right ◽  
Court Of Appeal ◽  
Right To Refuse

<p>R (Wilkinson) v. Broadmoor RMO (1) Mental Health Act Commission (2) Secretary of State for Health (Interested party) [2001] EWCA Civ 1545<br />Court of Appeal (22nd October 2001) Simon Brown LJ, Brooke LJ and Hale LJ</p><p>A detained patient’s right to refuse treatment to which he or she objects has been greatly strengthened by a recent decision of the Court of Appeal, applying the provisions of the Human Rights Act 1998, although in reaching its decision the Court of Appeal has posed as many questions for the future of the law in this area as it has answered.</p>

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.

Sexual Rights as Human Rights – Protected under Existing Human Rights Treaties?

1998 ◽  
Vol 67 (1) ◽  
pp. 17-35 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
Sexual Identity ◽  
Family Life ◽  
Case Law ◽  
Private Life ◽  
European Convention ◽  
Sexual Rights ◽  
Sexual Autonomy ◽  
Human Rights Treaties ◽  
The Right

AbstractExisting case law under human rights treaties, in particular Article 8 of the European Convention on Human Rights, includes several findings and interpretations related to sexual rights. The sexual identity and orientation of a person, as well as his or her sexual autonomy and integrity have found protection under the right to respect for one's private and family life. Among other important treaty provisions giving protection to sexual rights in the framework of international human rights law are the prohibition of torture and other inhuman or degrading treatment, the prohibition of discrimination, the right to a fair trial and the right to marry and to found a family. Under humanitarian law rape, one of the main forms of violations of sexual integrity and autonomy, is defined as a crime against humanity, with the consequence of individual criminal responsibility arising. Rape committed by a public official during detention has been defined as form of torture by the European Court of Human Rights. Positive state obligations exist under the right to respect for an individual's private life to sanction rape or other breaches of sexual autonomy and integrity when committed by other private individuals. Sexual identity and its manifestations, again, enjoy protection under the right to private and family life, as has been shown by international case law related to homosexuality and transsexualism. Here, the autonomous and independent non-discrimination clause in Article 26 of the International Covenant on Civil and Political Rights is a basis for further guarantees.

scholarly journals State Surveillance and the Right to Privacy.

2002 ◽  
Vol 1 (1) ◽  
pp. 66-85 ◽  
Author(s):  
Nick Taylor
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Private Life ◽  
European Convention ◽  
The Right To Privacy ◽  
State Surveillance ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Right ◽  
The Impact

The influence of Article 8 of the European Convention on Human Rights on domestic law has ensured that the state’s use of technical covert surveillance equipment has become legally regulated over the past twenty years, albeit in a somewhat piecemeal fashion. The passage of the Human Rights Act 1998 will see the development of the "right to respect for private life"; in UK law. This paper seeks to reflect upon the impact that the European Convention has had on the regulation of covert surveillance, and whether there is a theoretical justification for developing the "right to respect for private life"; beyond traditional private spheres and into the public arena. It is argued that overt surveillance in the form of closed circuit television cameras (CCTV) should thus be legally regulated according to the principles established by the European Convention, and that such an extension of the "right to respect for private life"; need not be detrimental to the common good.

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 Article 2 of the Human Rights Act 1998 and the treatment of prisoners

2009 ◽  
Vol 15 (6) ◽  
pp. 444-450 ◽  
Author(s):  
Martin Curtice ◽  
John Sandford
Keyword(s):  
Human Rights ◽  
Psychiatric Hospitals ◽  
Case Law ◽  
Positive Duty ◽  
State Custody ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Media ◽  
Negative Duty ◽  
The Right

SummaryPeople detained in prisons, psychiatric hospitals, police custody and immigration detention centres remain a cause of concern, particularly to professionals, politicians and the media. As the number of people detained by the state increases, Courts have been taking an increasing interest in cases in which individuals have died in state custody. Such cases are subsumed under Article 2 of the Human Rights Act 1998 – the right to life. Article 2 case law has elucidated key principles that can be applied in practice. Importantly, it imposes on states not only a negative duty not to take life intentionally or negligently, but also a positive duty to safeguard life. The inherent positive obligations have two aspects: first, there is a duty to provide an effective and impartial investigation in cases of death resulting from the activities of state officials, and second, a duty to safeguard and protect life.

Human Rights Act 1998 (European Convention on Human Rights)

2021 ◽  
pp. 299-306
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
European Convention ◽  
Right To Life ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Forced Labour ◽  
The Right

This chapter covers the Human Rights Act 1998 (European Convention on Human Rights) and includes topics on The Right to Protection from Torture, The Right to Life, Prohibition of slavery and forced labour, Right to liberty and security, Right to a Fair Trial, The Right Not to Suffer Punishment without Legal Authorisation, Right to respect for private and family life, The Right to Freedom of Thought, Conscience and Religion, The Right to Freedom of Expression, The Right to Freedom of Assembly and Association, The Right to Marry, and The Right to Protection from Discrimination.

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