In a high profile case, a terminally ill woman, Diane Pretty, challenged the United Kingdom prohibition on assisted suicide as incompatible with certain fundamental rights which are guaranteed under the European Convention on Human Rights. Mrs Pretty's battle was ultimately unsuccessful, with a total of three courts and 15 judges ruling against her. Such unanimity of opinion might well be thought to represent the coup de grace for arguments about the right to assistance in death under European human rights law. However, in this article it is suggested that, in limited circumstances, such assistance might yet still be possible under the Constitution.
{"title":"Assisted suicide under the European Convention on Human Rights: a critique.","authors":"Dan Morris","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>In a high profile case, a terminally ill woman, Diane Pretty, challenged the United Kingdom prohibition on assisted suicide as incompatible with certain fundamental rights which are guaranteed under the European Convention on Human Rights. Mrs Pretty's battle was ultimately unsuccessful, with a total of three courts and 15 judges ruling against her. Such unanimity of opinion might well be thought to represent the coup de grace for arguments about the right to assistance in death under European human rights law. However, in this article it is suggested that, in limited circumstances, such assistance might yet still be possible under the Constitution.</p>","PeriodicalId":35996,"journal":{"name":"European human rights law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24567873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As medical technology develops, new issues are raised as to how the use of this technology may comply or conflict with existing human rights standards and values. This article considers the application of human rights standards, and in particular the jurisprudence under Article 8 of the European Convention on Human Rights, to the trade in human body organs, the selection of the sex of prospective children, and human reproductive cloning. The current domestic law and regulatory framework is examined, as well as international regulation of this area by the Council of Europe Convention on Human Rights and Biomedicine. The author considers how the balance is to be struck between the ethical objections to many developments in biomedicine, and individual self-determination. It is suggested that, in order to be justified, any limitations on individual self-determination in the use of this new medical technology, should have a basis in the protection of human dignity.
{"title":"Human rights and human dignity in the resolution of certain ethical questions in biomedicine.","authors":"S Wheatley","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>As medical technology develops, new issues are raised as to how the use of this technology may comply or conflict with existing human rights standards and values. This article considers the application of human rights standards, and in particular the jurisprudence under Article 8 of the European Convention on Human Rights, to the trade in human body organs, the selection of the sex of prospective children, and human reproductive cloning. The current domestic law and regulatory framework is examined, as well as international regulation of this area by the Council of Europe Convention on Human Rights and Biomedicine. The author considers how the balance is to be struck between the ethical objections to many developments in biomedicine, and individual self-determination. It is suggested that, in order to be justified, any limitations on individual self-determination in the use of this new medical technology, should have a basis in the protection of human dignity.</p>","PeriodicalId":35996,"journal":{"name":"European human rights law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22127090","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article considers current practice in the treatment of HIV positive prisoners, in light of the rights contained in the Human Rights Act, and of international standards. In particular, the article considers the current practice of the prison service in relation to measures to prevent the spread of HIV, including the provision of condoms, and needle exchange programmes, and considers the extent of positive obligations on the prison service to take such preventative measures. The adequacy of medical care available to HIV positive prisoners, and the obligations on the prison service in relation to medical confidentiality, are also examined. The author assesses the possibilities for legal challenges under the Human Rights Act, and suggests that the Convention may be a useful tool for policy development in this area.
{"title":"HIV/AIDS, prisons and the Human Rights Act.","authors":"H Arnott","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This article considers current practice in the treatment of HIV positive prisoners, in light of the rights contained in the Human Rights Act, and of international standards. In particular, the article considers the current practice of the prison service in relation to measures to prevent the spread of HIV, including the provision of condoms, and needle exchange programmes, and considers the extent of positive obligations on the prison service to take such preventative measures. The adequacy of medical care available to HIV positive prisoners, and the obligations on the prison service in relation to medical confidentiality, are also examined. The author assesses the possibilities for legal challenges under the Human Rights Act, and suggests that the Convention may be a useful tool for policy development in this area.</p>","PeriodicalId":35996,"journal":{"name":"European human rights law review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2001-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22130161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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