Healthcare Law: Impact of the Human Rights Act 1998

Garwood-Gowers, Austen; Tingle, John; Lewis, Tom

doi:10.4324/9781843143833

Cited by 3 publications

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“…It has been described as a ‘monumental shift…like the Magna Carta 1215 and the Bill of Rights 1688’ 11. Inevitably, after its full enactment its subsequent influence on UK case law took several years to emerge, but when an updated consensus statement12 finally appeared, in 2010, unfortunately it too did not take full account of the impact of the Act on UK law.…”

Section: The Backgroundmentioning

confidence: 99%

Learning the law: practical proposals for UK medical education

Margetts

2012

J Med Ethics

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Ongoing serious breaches in medical professionalism might be avoided if UK doctors rethink their approach to law. UK medical education has a role in creating a climate of change by re-examining how law is taught to medical students. Adopting a more insightful approach in the UK to the impact of The Human Rights Act and learning to manipulate legal concepts, such as conflict of interest, need to be taught to medical students now if UK doctors are to manage complex decision-making in the NHS of the future. The literature is reviewed from a unique personal perspective of a doctor and lawyer, and practical proposals for developing medical education in law in the UK are suggested.

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Section: The Backgroundmentioning

confidence: 99%

Learning the law: practical proposals for UK medical education

Margetts

2012

J Med Ethics

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“…It was also hoped to inject extra oomph into the clauses of the Race Relations (Amendment) Act 2000 which according to many was inconsistently applied in health and social care services (Harvey, 2005; Equality and Human Rights Commission (EHRC), 2009). In fact, some went as far as saying that the HRA would fundamentally change the way race equality and equality is seen in the UK, bringing the debate within the human rights framework (Garwood‐Gowers et al , 2001; Spencer, 2005; Wicks, 2007).…”

Section: Human Rights and Minority Ethnic Users Of Health And Social Care Servicesmentioning

confidence: 99%

Human rights in health and social care

Gavrielidés¹

2011

Ethnicity and Inequalities in Health and Social Care

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PurposeIt was expected that the Human Rights Act (HRA) 1998 would promote a human rights culture in public services and beyond. This paper seeks to focus on the Act's impact on minority, ethnic users of health and social care services.Design/methodology/approachThe paper reviewed recent policy and academic papers as well as legislative and government initiatives since the Act's implementation in 2000. It also looked at user surveys and evidence submitted to Parliament and public inquiries. A critical synthesis and analysis of the data was attempted.FindingsThe paper makes the argument that the original intentions behind the HRA have not been materialised. The paper attributes this failure to issues of misunderstanding around the Act and human rights. The paper also argues that by focusing more on mainstreaming the principles underlying the Act and less on its legalistic interpretation, human rights will be seen more relevant by both users and providers of health and social care services.Originality/valueAn original analysis and interpretation of what these principles encompass is attempted whilst brief recommendations for policy and practice are posited.

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Cyberterrorism in the Context of Contemporary International Law

Sirjajev

2013

SSRN Journal

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Healthcare Law: Impact of the Human Rights Act 1998

Cited by 3 publications

References 0 publications

Learning the law: practical proposals for UK medical education

Learning the law: practical proposals for UK medical education

Human rights in health and social care

Cyberterrorism in the Context of Contemporary International Law

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