The liability of health authorities under the Human Rights Act 1998 in relation to Article 2 of the European Convention on Human Rights

K Law > K Law (General)

Tranter, Kayleigh ; McIvor, Claire,Gooch, Kate

University:University of Birmingham

Department:Birmingham Law School

关键词: K Law;    K Law (General);   

Others  :  http://etheses.bham.ac.uk//id/eprint/4760/1/Tranter14MJur.pdf

来源: University of Birmingham eTheses Repository

【 摘 要 】

This thesis will examine the liability of health authorities under the Human Rights Act 1998 in relation to the Article 2 positive operational duty under the European Convention on Human Rights. The decision in Rabone v Pennine Care NHS Trust has expanded the scope of the operational duty and has raised issues that have been left undecided. Firstly, to properly understand the operational duty, the relationship between it and the Article 2 investigatory duty will be considered. It will then concentrate on the operational duty and the impact of using vulnerability to trigger the duty. It will define vulnerability and will show that a duty based on vulnerability can still be applied narrowly and effectively. Finally, although the primary focus will be on the Article 2 positive operational duties, the liability of public authorities in negligence for breach of a positive duty of care will be considered, as despite the current judicial emphasis on the separation of the two actions, there are a number of overlaps. It will be argued that these similarities mean that the two causes of action should be more consistent at the duty stage, but should remain separate where breach and remedies are concerned.