If a patient is denied access to treatment, a legal challenge may be possible. This is a complex field of law involving issues of fundamental important for patients and their families.
Under the Human Rights Act 1998, the European Convention on Human Rights is incorporated into the law of England and Wales. The provisions of the Convention can apply to issues of medical treatment in the NHS. The Convention imposes an obligation on the State to protect the right to life and in the medical field this may be relevant where treatment is refused or where withdrawal of treatment or feeding is advised. The Convention also prohibits degrading treatment, which might include experimental treatment without proper consent or a failure to provide proper treatment to people in detention or institutional care. The Convention prohibits discrimination and this may be relevant in any case in which treatment is refused on grounds of age or disability.
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