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Legal

Questioning the validity of an advanced decision to refuse treatment

The Law Commission (1995) defined an advance decision refusing treatment as:.

The right to respect for family life, consent, minors and Gillick competence

The United Nations Convention on Children's Rights defines a minor as any person under the age of 18 years. It requires that childhood is recognised as a developmental period and that our domestic...

Article 8 of the European Convention on Human Rights and assisted dying

Article 8 of the ECHR is an example of a qualified human right. It begins by asserting in Article 8(1) that:.

Considering claims against the NHS

In 2020/21 NHS Resolution received 12 629 clinical negligence claims and reported incidents, compared with 11 678 in 2019/20. This represents an increase of 951 (7.5%). The total included 973 new...

Errors and omissions in deprivation of liberty authorisation forms

‘Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: (e) the lawful...

How the prohibition of torture under human rights law applies to nursing

‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment.’ .

How the convention on human rights affects a patient's right to life

‘Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which...

Understanding how human rights law affects nursing practice

Following the Second World War the European Convention on Fundamental Rights and Freedoms (1950) (the Convention) was created by the Council of Europe to formalise the relationship between individuals...

Embedding changes in legislation for organ and tissue donation across England and Jersey

The key activity at the start of the legislation change programme was a listening event with colleagues from the Welsh organ donation team. We wanted to better understand the rationale for the...

The COVID-19 vaccine and the best interests of a person who lacks capacity

The Nursing and Midwifery Council Code (2018), standard 4, requires nurses to act in the best interests of people at all times. This includes balancing the need to act in the best interests with the...

Clinical negligence litigation reform: the link between safety and the law

Over the past 20 years or more there have been frequent discussions about how well our tort-based, civil justice compensation system is working. A key issue in these discussions is the reasons behind...

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