ABSTRACT
The European Convention on Human Rights was incorporated into English law with the Human Rights Act 1998. Health professionals also have a duty to uphold patients' human rights, but if they fail to do so they will be accountable to their professional body and could face disciplinary action by the employer. Private hospitals are not organisations of the state, so technically they are not bound by the Act. However, they are providing a public service and will therefore be caught by the Act. Health professionals working in the private health sector will be expected to have regard to the Act under their contractual obligations. The Human Rights Act is not designed to facilitate access to healthcare or medical information. Its purpose is to protect the individual against state action. However, health professionals must always have regard to the Human Rights Act when treating and caring for patients.
