In search of a good death: Human Rights Act 1998 imposes an obligation  to facilitate a good death

doi:10.1136/bmj.327.7408.225-a

BMJ 2003;327:225 (26 July), doi:10.1136/bmj.327.7408.225-a

Letter

In search of a good death

Human Rights Act 1998 imposes an obligation to facilitate a good death

The first 150 words of the full text of this article appear below.

EDITOR—Ellershaw and Ward argue eloquently for the compassionatecare of dying patients.¹ We believe that the Human RightsAct 1998 ("the act") may impose a positive obligation on NHSproviders to facilitate a good death.

The act effectively incorporates the articles of the EuropeanConvention of Human Rights into domestic legislation. Article3 provides for freedom from degrading treatment. A common misconceptionis that life preserving treatment must be provided to dyingpatients, even against clinical judgment, to avoid litigation.However, the futile continuation of invasive procedures and treatments may arguably amount to degrading treatment and abreach of article 3.

Although article 2 provides for the right to life, no positiveobligation is imposed on the state to provide medical treatmentif such treatment is bound to be ineffective. Recent case lawillustrates this. Two applicant trusts applied for a declarationthat it would be lawful to . . . [Full text of this article]

Jo Samanta, lecturer in medical law

De Montfort University, Leicester LE1 9BH

Ash Samanta, consultant rheumatologist

University Hospitals of Leicester NHS Trust, Leicester LE3 9QP a.samanta@talk21.com

CiteULike

Complore

Connotea

Del.icio.us Add to Digg

Digg

StumbleUpon Add to Technorati

Technorati What's this?

Relevant Article

Care of the dying patient: the last hours or days of life • Commentary: a "good death" is possible in the NHS: John Ellershaw, Chris Ward, and Rabbi Julia Neuberger
BMJ 2003 326: 30-34. [Extract] [Full Text] [PDF]