Paediatrics, ethics, and the law

2020 ◽  
pp. 947-964
Keyword(s):  
The United Kingdom ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Ethical And Legal Considerations ◽  
The Law ◽  
Sick Children ◽  
Adult Medicine ◽  
The Impact ◽  
Individual Clinician ◽  
New Vaccines

Treating sick children creates a range of ethical and legal considerations that are different from adult medicine. Paediatrics adapts as children develop cognitively, physically, and in autonomy. The introduction of new vaccines, therapies, and technology has improved the outcome for many conditions, including preterm birth, CHD, and oncology. At the same time as improvements in medicine and technology has come increased societal expectation, the impact of social media, and the rise of obesity in childhood. There are complex and blurred lines to be negotiated in parental, individual clinician, and institutional responsibility, especially when things go wrong. Paediatrics involves complex cases of neglect and abuse of children that have occurred in all societies and cultures. In this chapter, some of these aspects are discussed, including an outline of ethical principles that allow us to frame decision-making, how the law in the United Kingdom has evolved, and some of the principles of the Children Act 1989 and the Human rights Act 1998.

The Secularisation of the British Constitution

2012 ◽  
Vol 14 (3) ◽  
pp. 371-399 ◽  
Author(s):  
Julian Rivers
Keyword(s):  
Public Service ◽  
Religious Diversity ◽  
Individual Liberty ◽  
Minimal Impact ◽  
The United Kingdom ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
The Relationship

In recent years, the relationship between law and religion has been subject to increased scholarly interest. In part this is the result of new laws protecting religious liberty and non-discrimination, and it may be that overall levels of litigation have increased as well. In all this activity, there are signs that the relationship between law and religion is changing. While unable to address every matter of detail, this article seeks to identify the underlying themes and trends. It starts by suggesting that the constitutional settlement achieved by the end of the nineteenth century has often been overlooked, religion only appearing in the guise of inadequately theorised commitments to individual liberty and equality. The article then considers the role of multiculturalism in promoting recent legal changes. However, the new commitment to multiculturalism cannot explain a number of features of the law: the minimal impact of the Human Rights Act 1998, the uncertain effect of equality legislation, an apparent rise in litigation in established areas of law and religion, and some striking cases in which acts have been found to be unlawful in surprising ways. In contrast, the article proposes a new secularisation thesis. The law is coming to treat religions as merely recreational and trivial. This has the effect of reducing the significance of religion as a matter of conscience, as legal system and as a context for public service. As a way of managing the ever-deepening forms of religious diversity present within the United Kingdom, such a secularisation strategy is implausible.1

Religion and the Law of Charities

2006 ◽  
Vol 8 (38) ◽  
pp. 246-265
Author(s):  
Miguel Rodríguez Blanco
Keyword(s):  
Human Rights ◽  
Religious Pluralism ◽  
Public Benefit ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of Religion ◽  
The Law ◽  
Definition Of ◽  
The Impact ◽  
Charitable Purpose

This article attempts an overview of the application of the law of charities to religion. Charity law is currently subject to revision. The advancement of religion has been one of the traditional charitable purposes defined as such in the common law. In this area of law both the courts and the Charity Commission have applied a neutral approach toward all religious denominations. This approach is in principle consistent with the content of the Human Rights Act 1998. Nevertheless the growth of religious pluralism in society and the appearance of new religions and groups generate many doubts about the definition of religion as charity. On the one hand, the courts have offered a theistic definition of religion, which is not applicable to all religious groups. On the other, in every charitable purpose some element of public benefit must be present. For religious purposes the courts assume the presence of a public benefit unless the contrary is shown, but it is not clear that all religious practices are beneficial to the community. The aim of this article is to promote a discussion about the definition of religion as a charitable purpose, to identify the problems connected with the growth of religious pluralism, and to offer some remarks about the impact of the Human Rights Act 1998 on the law of charities.

The Impact for the Church of England of the Human Rights Act 1998

2000 ◽  
Vol 5 (27) ◽  
pp. 431-439 ◽  
Author(s):  
Mark Hill
Keyword(s):  
Human Rights ◽  
Church Of England ◽  
European Convention ◽  
The United Kingdom ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Government ◽  
The Impact ◽  
Domestic Law

Though the first nation state of the Council of Europe to ratify the European Convention on Human Rights on 18th March 1951, and though permitting individual petition to the European Court in Strasbourg since 1966, the United Kingdom declined to give effect to the Convention in its domestic law until the government recently passed the Human Rights Act 1998. The Act received the Royal Assent in November 1998 and will come into force on 2nd October 2000.

Human Rights and Human Remains: the Impact of Dödsbo v Sweden

2006 ◽  
Vol 8 (39) ◽  
pp. 453-457
Author(s):  
Russell Sandberg
Keyword(s):  
Human Rights ◽  
Human Remains ◽  
European Convention ◽  
Dead Body ◽  
European Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
The Impact ◽  
Do So

The legal revolution brought about by the Human Rights Act 1998 has affected arcane legal areas such as the law of exhumation, by questioning whether refusal to grant an application to exhume and move a dead body would breach the applicant's human rights under the European Convention on Human Rights (ECHR). While the Consistory Courts have been quick to develop arguments based on human rights, the majority of the European Court of Human Rights in its recent judgment in Dödsbo v Sweden showed a greater reluctance to do so, emphasising the fact that although the refusal to exhume may interfere with the applicant's human rights, such an interference could be valid under the terms of the ECHR.

The Impact of the UK Human Rights Act 1998 on Privacy Protection in the Workplace

2008 ◽  
pp. 55-68 ◽  
Author(s):  
Bernd Carsten Stahl
Keyword(s):  
Privacy Protection ◽  
New Technologies ◽  
Legal Protection ◽  
The United Kingdom ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
Philosophical Debates ◽  
The Impact

Privacy is one of the central issues in the information society. New technologies pose new threats to privacy but they may also facilitate new ways of protecting it. Due to the generally accepted importance of privacy, many countries now have explicit legislation to support privacy protection. At the same time there are philosophical debates about privacy, its definitions, meanings, and limitations. In this chapter I present the current state of legal protection of privacy in the United Kingdom. In doing so, I will argue that there are different philosophical concepts of privacy that underpin different pieces of legislation. I will explore what this may mean for the justification of privacy protection and speculate where the future development may be heading.

3. Negligence—Introduction

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Human Rights ◽  
Duty Of Care ◽  
General Duty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Negligence Law ◽  
The Impact

This chapter introduces the tort of negligence. It first discusses the formulation of a general duty of care, highlighting the case of Donoghue v Stevenson, which established the pre-eminent role of the ‘duty of care’ concept in the tort of negligence. The chapter then turns to the role of the duty of care concept in modern negligence law, before considering the impact of the Human Rights Act 1998 on the law of negligence.

scholarly journals The European Convention on Human Rights Act 2003 – Ten Years On

2014 ◽  
Vol 3 (1) ◽  
pp. 61-96
Author(s):  
Ronagh JA McQuigg
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
General Level ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact ◽  
The Relationship

The European Convention on Human Rights Act 2003 has now been in force in Ireland for ten years. This article analyses the Act itself and the impact which it has had on the Irish courts during the first decade of its operation. The use of the European Convention on Human Rights in the Irish courts prior to the enactment of the legislation is discussed, as are the reasons for the passing of the Act. The relationship between the Act and the Irish Constitution is examined, as is the jurisprudence of the Irish courts towards the interpretative obligation found in section 2(1), and the duty placed upon organs of the State by section 3(1). The article ends with a number of observations regarding the impact which the Act has had on the Irish courts at a more general level. Comparisons will be drawn with the uk’s Human Rights Act 1998 throughout the discussion.

Australian Bills of Rights and the ‘New Commonwealth Model of Constitutionalism’

2013 ◽  
Author(s):  
Simon Evans ◽  
Julia Watson
Keyword(s):  
Human Rights ◽  
High Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Key Features ◽  
The Uk ◽  
High Court Of Australia ◽  
The Impact

This chapter examines the influence of the new Commonwealth model of human rights protection (exemplified by the UK Human Rights Act 1998) on the form of the two Australian statutory Bills of Rights, and then considers the impact of Australia's distinctive legal culture and constitutional structure on the operation of these instruments. In particular, it examines the impact of culture and structure in the decision of the High Court of Australia in R. v Momcilovic [2011] HCA 34; (2011) 280 A.L.R. As a result of that case, key features of the Australian Bills of Rights now diverge from the dominant UK approach, a divergence so striking that it may no longer be possible to identify the Australian Bills of Rights as exemplars of the new Commonwealth model.

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