WMK sessions Flashcards
What parties do justice concern?
The individual and society
What does the HRA 1998 define?
Legally enforceable rights entitlements in the UK
What did the HRA 1998 incorporate into English law?
European Convention on HR
Who is the act enforceable upon?
Public authorities
HRA Article 2
Right to life (everyone’s life shall be protected by law)
HRA Article 3
Prohibition of torture (No one shall be subjected to torture or to inhuman or degrading treatment or
punishment)
HRA Article 5
Right to liberty (Everyone has the right to liberty and
security of person)
HRA Article 8
Right to a private life (Everyone has the right for his private and family life)
What is an absolute right under article 2?
Right to be safe from being intentionally killed
Do all avoidable deaths count as intentional killing?
No
Obligation to provide life-saving treatment
No absolute obligation
Withdrawal of futile treatment under Article 2
Not in breach
Whose lives are not protected under Article 2?
Foetuses
How does article 3 apply to medicine?
Non-consensual treatment of an incompetent
individual may contravene article 3 if it is not
therapeutically necessary
and
Excessive restraint may contravene article 3
Is Article 3 an absolute right?
Yes
Is Article 5 an absolute right?
No
How does Article 5 apply to detainment in healthcare?
Detention is lawful for mental illness or prevention
of infectious disease if it is in accordance with the
law (MHA, DOLs)
Challenging Article 5
Individuals must have access to an effective and
speedy means of challenging detention
– Appeal process under Mental Health Act
– Deprivation of Liberty Safeguards
Is article 8 absolute?
No
How does article 8 apply to healthcare?
Protects a patient’s right to confidentiality
and
Protects the right to refuse medical treatment
even if life saving
Steps for verifying death (5)
No response to verbal or painful stimulus
No palpable carotid pulse
No heart sounds (2 minutes)
No breaths sounds (2 minutes)
Pupils fixed and dilated (non-responsive to light)
What needs to be documented when verifying death?
Date and time certified
Who needs to be contacted when verifying death?
Notify Consultant, discuss cause of death for certificate, arrange for family to be notified etc.
Who’s duty is it to issue a medical certificate of the cause of death (MCCD)?
The doctor attending during the last illness of a person who dies