Human Rights
Human Rights
There are sixteen basic human rights incorporated into UK law. These are taken from the fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR). These rights apply to everyday life such as your beliefs, right to life, prohibition of discrimination and many other similar basic entitlements.
The rights include:
- right to life
- prohibition of torture, inhuman or degrading treatment
- prohibition of slavery and forced labour
- right to liberty and security
- right to a fair trial
- no punishment without law
- right to respect for private and family life
- freedom of thought, conscience and religion
- freedom of expression
- freedom of assembly and association
- right to marry
- prohibition of discrimination
- protection of property
- right to education
- right to free elections
- abolition of the death penalty
Under the Human Rights Act public bodies such as local councils, health authorities and prison services, must act in a way which is compatible with the ECHR.
Some examples of how authorities can breach human rights include:
- denial of medical treatment, or failure to withdraw treatment in the best interests of the patient
- a patient who has been forced to have medical treatment without consent
- clinical negligence which seriously impairs the patients quality of life or results in the patients death
- confidential medical records which have been disclosed without consent
- adults and children in care who suffer assaults or abuse by their carers
- local authorities who fail to provide sufficient respite care
- authorities which fail to provide appropriate educational facilities for children with special needs
- failure to call an inquest or to make adequate investigation of issues at an inquest
- the Health and Safety Executive failure to take legal action following a work-related death
The solicitors at Bond Pearce provide legal support for clients, their families and carers in challenging decisions of public authorities that defy their rights to medical, social and environmental services.
Our personal injury solicitors have pioneered cases using the Human Rights Act.
Derrick is one such Client. He was diagnosed with sub-clavian steal syndrome. He underwent anglopasty to insert 2 stents. Later he developed a condition called haemoptysis but the hospital failed to link the stents with the condition. The medical staff treated the condition as a chest infection and discharged him.
His condition deteriorated and he was re-admitted to hospital. After further tests the stent was found to have caused an artery to leak. A very serious condition. This was treated by using medicine that is administered via the skin to cover the artery and a further stent was ordered from a supplier in the Netherlands. The stent arrived but was held up by a process of procurement. It sat unused a few hundred yards from Derrick's bed. Derrick died 4 hours later.
The coroners verdict was misadventure but Louise Hunt, the head of our Clinical Negligence team acted for Derrick's daughter. She applied Article 2, Right to Life, of the Human Rights Act to show that the hospital systematically failed Derrick. Louise secured £15,000 in compensation.
