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The impact of the Human Rights Act 1998 on medical decision making

August 2007

The Human Rights Act represents a major and welcome development in the protection of individual human rights in the United Kingdom.

Over recent months there has been considerable speculation in the media and professional journals about the likely impact of the new legislation, including the impact on medical decision making.

In many ways the true impact will not be known until a body of case law has developed to illustrate how UK courts interpret the Convention rights.

What is clear, however, is that the introduction of the Human Rights Act does not represent a major change in practice for health professionals. The requirements of the Human Rights Act reflect, very closely, existing good practice.

Decisions taken by doctors on the basis of current ethical standards are likely to be compliant with the Act. Issues such as human dignity, communication and consultation, and best interests which are central to good clinical practice are also pivotal to the Convention rights.

It is likely however, at least initially, that attempts will be made to challenge medical decisions using the new legislation. It is therefore essential that decisions taken both about individual patients and in terms of medical policy, take account of Conventions rights, are transparent and can withstand scrutiny. Accurate and detailed recording of both the decision and the decision-making process also take on added importance.