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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:.

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...

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...

Judging mental capacity to engage safely with social media

‘To live independently and participate fully in all aspects of life … [including] access, on an equal basis with others, … to information and communications, including information and communications...

Positive obligations to protect against deprivation of liberty in the community

The European Court of Human Rights requires that nurses consider three elements when determining whether a person is being deprived of their liberty:.

The role of the nearest relative in mental health law

Under the Mental Health Act 1983, people detained for assessment and/or treatment are allocated a nearest relative. This includes people subject to unrestricted hospital orders, hospital directions...

The Consequences of Failing to Discharge the Duty of Candour

The organisational duty of candour is imposed on healthcare providers in England under the provisions of the Health and Social Care Act 2008 and the Health and Social Care Act 2008 (Regulated...

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