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Legal

Consent, capacity and minors aged 16 and over

‘Every human being of adult years and sound mind has the right to determine what shall happen to their own body.’ .

The nurse's legal duty to safely delegate tasks and to follow up the outcome

‘… the process by which you (the delegator) allocate clinical or non-clinical care and support to a competent person (the delegatee). The delegator will remain responsible for the overall management...

Concerns over the use of consent to remove a baby into local authority care

The Children Act 1989, section 20 concerns the duty of a local authority to provide accommodation for children in need. It contains no compulsory provisions and no compulsory curtailment of parental...

Disputes about a person's best interests: Is there a need to go to court?

The Mental Capacity Act 2005 does not define a best interest. Instead, it sets out a checklist of factors that have to be taken into account when determining the best interests of a person who lacks...

The health professional's duty to warn of preconception risks

‘… whether, in the circumstances, a reasonable person in the patient's position would be likely to attach significance to the risk, or the [nurse] was or should reasonably be aware that the...

Causing or inciting sexual activity with persons who have a mental disorder

‘For the purposes of this Part, a person consents if he agrees by choice, and has the freedom and capacity to make that choice.’ .

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...

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