ABSTRACT
The passing of the Human Rights Act 1998 (HRA 1998) represents the culmination of political pressure for the incorporation of human rights as set out in the European Convention on Human Rights (the Convention) by statute into UK law. The HRA 1998 will have an impact on virtually every area of law, but the impact on clinical negligence (and other medical) cases is perhaps less obvious, at least at first glance. The HRA 1998 sets out the mechanics by which human rights principles can be raised in UK courts. In particular: (a) s 2 of the HRA 1998 requires UK courts and tribunals to ‘take account of’
the judgments, decisions, declarations, etc, of the various European legal institutions;
(b) s 6 of the HRA 1998 makes it unlawful for a public authority (including a court or tribunal, NHS Trusts and Health Authorities) to act, or propose to act, in a way which is incompatible with a Convention right.
