英国:欧洲人权法的影响
1Old Square Chambers, Gray's Inn, London, UK. brahams@oldsquarechambers.co.uk
Lancet (London, England)
|October 29, 2000
概括
1998年英国"人权法"将"欧洲人权公约"纳入法律. 公共当局现在必须证明与公约权利相冲突的行为是合理的,影响医疗保健案件.
科学领域:
- 公共卫生法 公共卫生法
- 生物伦理学生物伦理学
- 医疗法 法律 医疗法
背景情况:
- 1998年英国"人权法"将"欧洲人权公约"纳入国内法律.
- 该法案规定,公共当局必须证明与"公约"权利相冲突的行为是合理的.
研究的目的:
- 检查1998年"人权法"对医疗保健的影响.
- 确定"公约"权利与公共当局在健康案件中的职责之间的潜在冲突.
主要方法:
- 对1998年"人权法"和"欧洲人权公约"的法律分析.
- 检查"公约"中与医疗保健相关的潜在"爆发点"条款.
主要成果:
- 公约的四个具体条款在与健康有关的案件中提出了潜在的挑战.
- 这些包括患者获得救命治疗的权利和医疗保健专业人员的纪律处分程序.
结论:
- 1998年"人权法"为英国医疗保健部门的公共当局引入了新的法律考虑因素.
- 医疗保健提供者和监管机构在做决定时必须了解"公约"权利.
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