Human Rights issues
This Resource Guide provides information on the Human Rights Act 1998 and health services.
The Human Rights Act 1998 came into force on 2 October 2000 and incorporates into UK law certain rights and freedoms set out in the European Convention on Human Rights, and makes it unlawful for a public authority to violate Convention rights, unless, because of an Act of Parliament, it has no choice.
The Act does not define a ‘public authority’, but the Department for Constitutional Affairs’ list includes government departments, police, prisons and “any person exercising ‘a public function1’”.
For the purposes of this guidance, the relevant sections of the Human Rights Act 1998 are:
- Article 8 - the right to privacy
- Article 9 - freedom of thought, conscience and religion
- Article 10 - freedom of expression
- Article 11 - the right to freedom of association, including joining a trade union
- Article 14 - prohibition of discrimination.
Whilst the Convention is not specifically aimed at avoiding discrimination, adherence to its principles should help you to ensure that you are respecting individuals, whatever their background.
The organisation Liberty2 suggests that Article 8 (Right to Respect for Private and Family Life, Home and Correspondence) may be of importance where employers interfere with communications by staff, such as intercepting telephone calls, email or interfering with internet use. Also the disclosure of personal information about an employee to third parties without that employee's consent may breach Article 8, particularly if it is confidential medical information, and may breach the Data Protection Act 1998.
Article 11 (Freedom of Assembly and Association) has not so far been interpreted by the European Court of Human Rights as entitling employees to time off on religious holidays or days of rest, and, to date, Article 10 (Freedom of Expression) has not been interpreted as giving employees the right to wear what they like to work.
Article 14 (Prohibition of Discrimination) provides that Convention rights must be protected without discrimination on any grounds such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Disability, sexual orientation and mental status are thought to fall under "other status".
Practical tips and information
The NHS Litigation Authority provides access to case sheets in the following areas:
- confidentiality and human rights
- consent and human rights
- inquests and human rights
- mental health and human rights
- prison healthcare and human rights
- resources and human rights
- right to treatment and human rights.
The following web links provide additional information on human rights issues.
Key Web Links
The NHS Litigation Authority provides a free Human Rights Act Information Service for the NHS. Factsheets and case sheets are available on the website.
The Department of Constitutional Affairs website provides information on the Human Rights Act. Information on the Human Rights Act 1998 can also be found by visiting the Ministry of Justice website.
Viewing the resource guides
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Footnotes
- Department of Constitutional Affairs: Human Rights Act - Frequently Asked Questions. (return to paragraph containing footnote 1)
- FactSheet: Human Rights Act 1998.
(return to paragraph containing footnote 2)