Human Rights Act 1998: implications for adult protection
| Published date | 01 February 2001 |
| Pages | 43-52 |
| DOI | https://doi.org/10.1108/14668203200100007 |
| Date | 01 February 2001 |
| Author | Alison Brammer |
| Subject Matter | Health & social care,Sociology |
The Journal of Adult Protection Volume 3 Issue 1 • February 2001 © Pavilion Publishing (Brighton) Limited 43
‘The Human Rights Act 1998 is the most significant statement
of human rights since the 1689 Bill of Rights.’ Jack Straw,
1999
The Human Rights Act 1998 came into force on October 2
2000. It presents opportunities to reinterpret, amend and
update legislation and lessen the impact of established case
law. It is indeed a constitutional reform. The Act incorporates
the Convention for the Protection of Human Rights and
Fundamental Freedoms (usually referred to as the European
Convention on Human Rights (ECHR) into United Kingdom
domestic law. This article considers how the Act will work
and explores the potential for challenges to existing law and
practice in an adult protection context.
From an adult protection perspective the Act has great
significance at a conceptual level. It has been noted that there
is no specific legislation dealing with adult protection and
that there is a need to look imaginatively to a range of existing
pieces of legislation (Brammer, 1996). A vast amount of that
legislation focuses on support and provision of services. It
does so in relation to specific ‘categories’ of vulnerable adults
– for example, section 29 of the National Assistance Act 1948.
In sharp contrast the Human Rights Act deals with rights for
humans. It is of universal application, an act for everyone, not
restricted to groups classified by age or ability.
Article 14 reinforces this point by prohibiting discrimination
in enjoyment of convention rights.
‘The enjoyment of rights and freedoms in this convention shall
be secured without discrimination on any ground such as sex,
race, colour, language, religion, political or other opinion,
national or social origin, association with a national minority,
property, birth or other status.’
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Legal column
implications for
adult protection Alison Brammer
Lecturer in Law, Department of Law,
University of Keele
key words
human rights
adult protection
courts
abstract
The recent incorporation of
the European Convention on
Human Rights into UK domestic law
as the
is predicted to have a major impact
on all aspects of life. Here,Alison
Brammer provides a comprehensive
overview of the Act and looks
specifically at how it may affect
adult protection policy and practice.
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