chapter  11
8 Pages

Healthcare rights

ByVictoria Tippett

This chapter describes what rights are and how they work in practice, as well as the European Convention on Human Rights and subsequent Human Rights Act. It explores how rights affect everyday clinical practice and what case law has emerged since the introduction of the Human Rights Act to guide our work. Rights are a powerful language in healthcare. It allows us to protect important things in life. Obligations are duties that fall to other people because a person is claiming a right. They may also be positive or negative. Positive obligations involve an action, whereas negative obligations involve refraining from acting. The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) was drawn up in 1950 as a treaty of the Council of Europe. The ECHR consists of principle rights that are designed to protect the citizens of the European Union.