anyone doing human rights and can help me please?!

Hi everyone!
just wondering if anyone would be able to help me - id thank them forever!
So basically, I've been asked to pick a human rights issue and and evaluate a main legislation that protects it and policy documents adopted by political organs, can anyone help me kinda get to grips with this?!

thanks so much

Reply 1

tehforum

Original post by ravina_04

http://www.blackstonechambers.com/news/newsletters/public_law_focus_articles/care_homes.html

And its subsequent overturning by Section 145 of the Health and Social Care Act 2008 now provides that any private care home under contract with a local authority to provide care and accommodation is now considered to be exercising “functions of a public nature” within s 6(3)(b) of the Human Rights Act 1998.

Privately funded care and accommodation is not covered by section 145.

then look at the parliamentary documents relating to passage of the section

----

The Government’s Explanatory Notes say:
“Section 145 provides that where a private or voluntary sector care home provider provides accommodation together with nursing or personal care to a person under arrangements made with a local authority or, in Northern Ireland, DHSSPSNI, under certain statutory provisions the provider is taken to be exercising a function of a public nature under section 6(3)(b) of the Human Rights Act 1998. This means that such providers are required not to act incompatibly with rights under the Convention in providing these services. It also means that the person receiving such accommodation and care can take proceedings against the provider under the Human Rights Act 1998 if the provider breaches his or her rights under the Convention. Section 145 does not affect the question of whether persons in the private or voluntary sector who provide other forms of publicly-funded social care or health care are to be regarded as exercising a public function.”

Pepper v Hart Note: On Commons Consideration of Lords Amendments on the Bill for this Act on July 15, 2008 the Minister of State, Department of Health (Mr Ben Bradshaw) said as follows:
“Members will recall that the previous time this Bill was before the House we undertook to address the issue of the application of the Human Rights Act 1998 following the decision in YL v. Birmingham City Council. The effect of that decision is that residents whose care is publicly arranged do not have those rights we intended to put in place when we introduced the Human Rights Bill into Parliament. These amendments seek to address the immediate impact of the YL case for people receiving publicly arranged care in care homes. It remains the Government’s view that in general the provision of publicly arranged health and social care should be considered a function of a public nature. The Government will therefore continue to treat those exercising such functions as subject to the Human Rights Act. In particular, it remains the Government’s firm view that independent providers of NHS care under the National Health Service Act 2006 are, as the law currently stands, exercising a function of a public nature. The Minister with responsibility for human rights has committed to consulting in the near future on how to address the general issue of the definition of ‘public authority’ in future, perhaps by means of legislation. The consultation process is the place and time to work out which functions should be subject to the Human Rights Act, and to work out how that can best be achieved. I am grateful to all those who have worked with the Government in preparing the amendment. I would particularly like to note the contributions of the British Institute of Human Rights and the Equality and Human Rights Commission. The amendment is a step along the road to addressing the issues around the scope of the Human Rights Act, but it is a very important step. It will provide the additional protection of the Act to some of the most vulnerable people in our society. I commend it to the House.” (Hansard, HC Vol.479, col.182, (July 15, 2008)).

Case Note:
“Thus far, I conclude that neither s145 of the 2008 Act nor the provisions of the Contract itself, notwithstanding its context, give a right to pursue proceedings in public law.” (R. (on the application of Broadway Care Centre Ltd) v Caerphilly CBC [2012] EWHC 37 (Admin).)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/200521/post_legislative_assessment.pdf - see pages 23 and 24.

(edited 9 years ago)

Reply 2

ravina_04

Original post by tehforum

Hi! Thanks for taking your time out to reply - means a lot!
Ah, I've had a look at the link, however I think I have decided to talk about child abuse as my human rights issue, so i'll be critically evaluating the children act 1989. Is that anything you would be able to assist me with? :smile:

Reply 3

tehforum

Original post by ravina_04

I've edited my post with some more stuff.

err not really, I haven't done the children act 1989

Reply 4

ravina_04

Original post by tehforum

I've edited my post with some more stuff.

err not really, I haven't done the children act 1989

Thanks! Just had a look. Have you done something similar to this?
Discussing care homes seems quite in-depth and interesting to discuss..

I'm still getting grips to the essay question, I've missed so many human right lectures due to illness so it's proved a-lot harder for me!

Reply 5

tehforum

Original post by ravina_04

I haven't.

It's the first thing that came to my head.

Reply 6

msahir

Well if you look at Children Act 1989 and compare it to UN Convention on the Rights of the Child, you will be able to pick up certain points. UNCRC is the main human rights convention on children and ratification requires states to incorporate it into their law but the UK has failed to do this despite the committee's recommendations. Also Children Act 1989 talks about children in terms of obligations whereas human rights now require

that children be considered as right holders. I'm sure you will be able to find more contradictions in the caselaw. The only way you can evaluate a national legislation on its human rights obligations is by comparing it to an actual human rights instrument.