Glass v United Kingdom and Burke v General Medical Council. Judicial interpretations of European Convention Rights for patients in the United Kingdom facing decisions about life-sustaining treatment limitations

Excerpt

The Human Rights Act (1998) came into effect in 2000 and has three major effects; it requires courts in the United Kingdom to interpret law so as to comply with the European Convention for the Protection of Human Rights and Fundamental Freedoms, it enables courts to make a ‘declaration of incompatibility’ about existing UK legislation, and it makes it unlawful for UK public authorities to act in a way that is incompatible with the Convention. The Act has provided opportunities for patients to challenge what is popularly supposed to be the undue influence of the medical profession in decisions relating to health care choices and their inadequate regard for the protection of persons with disabilities. This year two cases with substantial implications for intensive care policies and practices were decided. …