LLM Human Rights and Health Care Law

Module leader: Professor Jean McHale

Teaching and assessment (2017-18): Semester 1, 1 x 3 hour examination 

Module description:

To what extent do and indeed should patients be recognised as having rights to health care? The rapid evolution of health care law in the UK over the past decade has been increasingly impacted by the discourse of human rights but have human rights and the Human Rights Act 1998 really changed the face of the discipline - and indeed should they? This course explores the interface between international human rights principles, and  domestic health care law.  Various controversial and topical issues are examined. These are likely to include is there a human right to health and health care? What is meant by a human right to reproduce and what are the consequences of respecting such a right?  To what extent can and should health care professionals rights to faith and belief be protected in their work? Do older people have special and different human rights which need safeguarding in the health care context? What does a human right to privacy  mean today for patient confidentiality? When if at all is the state justified in limiting individual autonomy on the basis of public health considerations?

Indicative outline of seminar topics:

  • Health as a Human Right and Health Law
  • A Right to Health Care?
  • Human Rights and Reproduction
  • Human Rights, Faith, Belief and the Health Professional.
  • Human Rights and Public Health
  • Informational privacy and personal health information
  • Human Rights, older people and health care   
  • Human Rights and Health Care Research
  • Global Perspectives on Health Care Rights Debates