The Human Rights Act 1998 in practice—personal injury claims under Article 8 of the ECHR
The Human Rights Act 1998 in practice—personal injury claims under Article 8 of the ECHR

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • The Human Rights Act 1998 in practice—personal injury claims under Article 8 of the ECHR
  • Article 8 (right to respect for private and family life)
  • Consent
  • Confidentiality
  • End of life issues and withdrawal of treatment

There are a number of circumstances in which the common law offers no remedy but a claim under the Human Rights Act 1998 (HRA 1998) may still be possible or where HRA 1998 adds to the available remedies for a claimant.

See generally Practice Note: Personal injury claims under the Human Rights Act 1998.

Article 8 (right to respect for private and family life)

Article 8 of the ECHR has been one of the most influential Articles in the Convention and the right to respect for private life has scope for application in a number of contexts particularly in relation to medical treatment.

One key aspect of protecting private life is the protection of physical and mental integrity which encompasses issues of consent, capacity and end of life issues. Another aspect is privacy which includes considerations of confidentiality of medical records and other information such as test results.

Consent

There are a number of examples of findings that a medical examination or medical treatment without proper consent is a breach of Article 8 of the ECHR.

In Glass, doctors wanted to treat a seriously ill child with morphine for pain relief but the child’s parents would not consent as this was also likely to hasten their child’s death. The European Court of Human Rights held that the doctors’ failure to seek authorisation from the court to provide the treatment was a

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