
In this article, Chris explains the rights protected under the Human Rights Act 1998 and how these contribute to an important facet of nursing, as well as what nurses can do to promote human rights in their practice.
Every individual in society has an equal moral status. Although this status is often used as a means to describe an individual's legal rights, its existence does not always mean a legal right exists. It is only the moral rights that actually become law that can be enforced as substantive rights within the Courts. These legal rights are known as human rights.
What Human Rights Are Protected By Law?
The primary global statement on human rights is found within the Universal Declaration on Human Rights, which was first announced in 1948. Within the UK, substantive rights are protected through the Human Rights Act 1998 (HRA).
The HRA sets out the fundamental rights that each citizen is entitled to, and enshrines the rights provided in the European Convention on Human Rights into UK law. It has been active since the year 2000.
There are fourteen protected rights within the HRA, each addressing an individual's rights within a particular area:
• Article 2: Right to life.
• Article 3: Freedom from torture and inhuman or degrading treatment.
• Article 4: Freedom from slavery and forced labour.
• Article 5: Right to liberty and security.
• Article 6: Right to a fair trial.
• Article 7: No punishment without law.
• Article 8: Respect for your private and family life, home and correspondence.
• Article 9: Freedom of thought, belief and religion.
• Article 10: Freedom of expression.
• Article 11: Freedom of assembly and association.
• Article 12: Right to marry and start a family.
• Article 14: Protection from discrimination in respect of these rights and freedoms.
• Protocol 1, Article 1: Right to peaceful enjoyment of your property.
• Protocol 1, Article 2: Right to education.
• Protocol 1, Article 3: Right to participate in free elections.
• Protocol 13, Article 1: Abolition of the death penalty.
The HRA essentially sets out a minimum standard of how individuals should be treated by the Government. All services exercising a public function, for example healthcare services must adhere to the HRA. The government is also obliged to protect the rights of individuals who use private healthcare.
The NHS Constitution And The CQC
It is also important for nurses within the NHS to give due consideration towards the NHS Constitution, which describes how the state:
“Has a duty to each and every individual that it serves and must respect their human rights. At the same time, it has a wider social duty to promote equality through the services it provides and to pay particular attention to groups or sections of society where improvements in health and life expectancy are not keeping pace with the rest of the population.”
The Care Quality Commission (CQC), the regulatory body overseeing healthcare services provides further guidance on this subject. The CQC said that they are focused upon the human right principles of fairness, equality, dignity, autonomy, right to life and rights of staff within their inspection of health and social care services.
The human rights of nurses are of equal importance to those of the patients they treat.
About this contributor
Registered Mental Health Nurse
I am a Registered Mental Health Nurse working in NHS Forensic Services as a Clinical Nurse Specialist for the Crown Courts. I hold undergraduate degrees in Nursing and Journalism, a Masters Degree in Law (specialising in Human Rights Law) and a Masters Degree in Clinical Research. I am interested in evidence based practice, social justice and supporting those who are at a disadvantage.
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