HEALTH AND HUMAN RIGHTS

NIHRC

The role of the CommissionTo keep law and practice under reviewAdvise government on the protection of

human rightsAdvise the Northern Ireland AssemblyPromote understanding and awareness of

human rightsPublish advice

NIHRC

The work of the Commission

CaseworkInvestigationsAdvice and guidanceEducation and trainingBill of rights

Outline of issues to be covered

1. The connection between public health, medicine, medical ethics and human rights:-

• Goals of the NHS• Goals of public health2. Indicators for a human rights based

approach to health3. The European Convention on Human

Rights and the Human Rights Act• Case law examples

Common threads

• Dignity• Equality• Respect• Fairness• autonomy

The Convention Rights

• Right to life• Prohibition of torture• Prohibition of slavery and forced labour• Right to liberty and security• Right to a fair trial• Right to respect for private life• Freedom of thought• Freedom of conscience and religion• Freedom of expression• Freedom of assembly and association• Right to marry• Right to an effective remedy• Prohibition of discrimination• Right to peaceful enjoyment of possessions• Other rights including elections, education.

The nature of the rights

The right not to be tortured is the only absolute right.

All other rights are limited by conditionsThe concept of proportionality is very

important

Public Authority

The duty on the public authority

S 6(1) it is unlawful for a public authority to act in a way which is incompatible with a convention right.

This coversA court or tribunalAny person or body certain of whose

functions are of a public nature

Preventative medicine

• Public health• The right to life• Prohibition of torture

Healing

Right to lifeProhibition of tortureRight to respect for private lifeFreedom of conscience and religionProhibition of discriminationFreedom of expression

Care of the convalescent

• Right to life• Prohibition of torture• Right to liberty• Right to respect for private life• Freedom of religion• Prohibition of discrimination

Human rights are about human dignity, equality and Freedom.”

Arthur Chaskalson, President of South African Constitutional Court Belfast December 2000

Northern Ireland Human Rights CommissionTemple Court, 39 North Street, Belfast BT1 1NA

Tel: (028) 9024 3987 Fax: (028) 9024 7844

Textphone: (028) 9024 9066 Email: Information @nihrc.org

Website: www.nihrc.org