By Elizabeth Wicks

Human Rights and Healthcare appears to be like at clinical legislations from a human rights standpoint. just about all concerns usually taught less than a "medical legislation" label have major human rights concerns inherent inside them. This pioneering booklet is exclusive in bringing these human rights implications to the fore. The rights at factor comprise proven basic rights resembling the proper to lifestyles, definitely the right to admire for a personal lifestyles, and the precise to actual integrity, in addition to extra arguable "rights" resembling a "right to breed" and a "right to die". The human rights point of view of this booklet allows new mild to be solid upon everyday medico-legal circumstances and concerns. As such, the booklet presents a real merging of human rights legislation and clinical legislation and should be of price to all scholars and teachers learning scientific legislation, in addition to to these attracted to the wider matters raised by way of the becoming human rights tradition around the world.

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Position: 16 / Date: 23/5 JOBNAME: Human Rights and Hea PAGE: 1 SESS: 342 OUTPUT: Tue Jul 3 14:40:48 2007 2 A Right to Treatment? The Allocation of Resources in the National Health Service This chapter discusses the preliminary issue of whether there is a right to receive medical treatment within the UK. This topic resides within the broader issue of the allocation of resources within the National Health Service. Limited public funding puts extreme pressures upon health authorities and medical professionals and inevitably results in some patients being denied the medical treatment which they need.

C) The Right to Dignity Dignity, along with autonomy, is regarded as one of the concepts underlying modern human rights law. As with autonomy, the value of dignity can be seen influencing many of the Convention rights, but it is Article 3 ECHR which is of most relevance here as this Article prohibits ‘inhuman or degrading treatment’. The concept of dignity may lend some support to the withdrawal of treatment from terminally ill patients and thus provides support to quality of life considerations as opposed to the sanctity of life considerations prioritised in the right to life.

It might, of course, remain open to a patient denied medical care to make an application for judicial review of that refusal. Unless there is some illegality or procedural impropriety in the decision, however, the patient will face an uphill struggle because irrationality will be very hard to prove. For example, in R v Secretary of State for Social Services, ex p Walker,52 the Court of Appeal refused leave to apply for judicial review of decisions to postpone a non-urgent operation on a premature baby.

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