Human Rights Screening Tool
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Will the policy/decision or refusal
to treat result in the death of a
person
Yes
In a life threatening situation treatment
cannot be refused regardless of immigration
status else it will breach human rights (right
to Life)
Yes
Dignity and respect in health and social care
is an absolute right and policy/decisions will
need to be changed.
NO
Will the policy/decision leads to
degrading or inhuman treatment
NO
Will the policy/decision limit a
person’s liberty?
Yes
Restrictions must be:
NO
Will the policy/decision interfere
with a person’s right to respect
for private and family life?
Yes
Restrictions must be:
NO
Will the policy/decision result in
unlawful discrimination?
Yes
NO
Will the policy/decision limit a
person’s right to security?
Yes
This covers gender, gender identity, colour,
race, language, religion, political or other
opinion, national or social status, association
with a national minority, property, birth or
other status.
Yes
Public Authorities have a duty to intervene
and protect human rights – Human Rights
Act 1998 and NHS Constitution 2009
NO
Will the policy/decision interfere
with person’s right to participate
in life?
1. proportionate
2. lawful
3. accountable – be for a legitimate
reason
4. necessary
We are all entitled to security and where
there is a risk to life there is a duty on public
authorities to protect us
NO
Will the policy/decision breach
the positive obligation to protect
human rights?
5. proportionate
6. lawful
7. accountable – be for a legitimate
reason
8. necessary
Yes
This means a right to found a family, marry,
practice any religion or belief and a right to
life as a lesbian, gay or bisexual person.
If you have answered NO all along then your
decision has passed the Human rights screening
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NHS Lancashire Equality Analysis Impact Assessment & Human Rights Guidance
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The Fifteen Articles covered by the Human Rights Act 1998:
Absolute Rights
the right to life;
the right not to be tortured or treated in an inhuman or degrading way;
the right to be free from slavery or forced labour;
the right to liberty and security;
the right to a fair trial;
the right to no punishment without law;
the right to respect for private and family life, home and correspondence;
the right to freedom of thought, conscience and religion;
the right to freedom of expression;
the right to freedom of assembly and association;
the right to marry and found a family;
the right not to be discriminated against in relation to the enjoyment of any of the rights contained in the European Convention;
the right to peaceful enjoyment of possessions;
the right to education; and
the right to free elections.
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Absolute rights - These rights cannot be infringed no matter how necessary it might seem to do so. They are as follows:
Article 2: Right to Life
You have the absolute right to have your life protected by law. There are only certain very limited circumstances where it is acceptable for the State to
take away someone's life, for example, if a police officer acts justifiably in self defence.
Article 3: Prohibition of Torture
You have the absolute right not to be tortured or subjected to treatment or punishment which is inhuman or degrading.
Article 4: Prohibition of Slavery and Forced Labour
You have the absolute right not to be treated as a slave or forced to perform certain kinds of labour.
Article 7: No Punishment Without Law
You normally have the right not to be found guilty of an offence arising out of actions which at the time you committed them were not criminal. You are
also protected against later increases in the possible sentence for an offence.
Limited rights - Certain rights of the European Convention on Human Rights are limited in the UK by specific limitation. These are limited rights.
They are as follows:
Article 5: Right to Liberty and Security
You have the right not to be deprived of your liberty - 'arrested or detained' - except in limited cases specified in the Article (for example, where you are
suspected or convicted of committing a crime) and where this is justified by a clear legal procedure.
Article 6: Right to a Fair Trial
You have the right to a fair and public hearing within a reasonable period of time. This applies to both criminal charges against you, or sorting out
cases concerning your civil rights and obligations. Hearings must be by an independent and impartial tribunal established by law. It is possible to
exclude the public from the hearing (through not the judgment) if that is necessary to protect things like national security or public order. If it is a
criminal charge you are presumed innocent until proved guilty according to law and have certain guaranteed rights to defend yourself.
Article 12: Right to Marry
Men and women have the right to marry and start a family. The national law will still govern how and at what age this can take place, and now includes
same-sex marriages and partnerships.
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Qualified rights - Any infringement needs to promote a specific legitimate aim - in interests of national security, public safety etc. The
infringement must be properly regulated by the law and must be necessary in a democratic society. This latter concept means the interference with the
right must be a proportionate response to the legitimate aim. If the aim can be achieved by a less intrusive method then that method must be used
instead. They are as follows:
Article 8: Right to Respect for Private and Family Life
You have the right to respect for your private and family life, your home and your correspondence. This right can only be restricted in specified
circumstances.
Article 9: Freedom of Thought, Conscience and Religion
You are free to hold a broad range of views, beliefs and thoughts, as well as religious faith. Limitations are permitted only in specified circumstances.
Article 10: Freedom of Expression
You have the right to hold opinions and express your views on your own or in a group. This applies even if they are unpopular or disturbing. This right
can only be restricted in certain circumstances.
Article 11: Freedom of Assembly and Association
You have the right to assemble with other people in a peaceful way. You also have the right to associate with other people, which can include the right
to form a trade union. These rights may be restricted only in specified circumstances.
Article 14: Prohibition of Discrimination
In the application of the Convention rights, you have the right not to be treated differently because of your race, religion, sex, political views or any
other status, unless this can be justified objectively. Everyone must have equal access to Convention rights, whatever their status.
Protocol 1, Article 1: Protection of Property
You have the right to the peaceful enjoyment of your possessions. Public authorities cannot usually interfere with things you own or the way you use
them except in specified limited circumstances.
Article 2 of Protocol 1: Right to education
Everyone has the right not to be denied access to the educational system.
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Article 3 of Protocol 1: Right to free elections
Elections for members of the legislative body (for example Parliament) must be free and fair and take place by secret ballot. Some
qualifications may be imposed on who is eligible to vote (for example a minimum age).
Human Rights Based Approach – PANEL Principles
PARTICIPATION in decisions which affect their rights
ACCOUNTABILITY of those responsible
NON-DISCRIMINATION AND EQUALITY
EMPOWERMENT to know their rights and how to claim them
LEGALITY in all decisions through an explicit link with human rights
Absolute rights Can never be
interfered with
Non-absolute
rights - Can be
limited or
restricted in
certain
circumstances e.g.
to protect the
rights of others
How have the above been addressed?
Your Rationale:
Will any aspect of
Human rights from the Human Rights Act 1998
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Public Authorities
such as Councils
and NHS have a
duty to intervene
and protect
human rights –
Human Rights Act
1998 and NHS
Constitution 2009
Yes
No
Rationale
Notes
the
project/programme
/policy or process
impact on
participant’s Human
Rights?
A RTICLE 2: R IGHT TO LIFE
The right to life is an absolute right. It imposes two types of obligations on the state:
 A duty not to take away anyone’s life (apart from in certain limited
circumstances)1.
 A positive duty to take reasonable steps to protect life
The positive duty to protect life obliges the state to intervene when someone’s life
is at risk from another person (and where the authorities know, or should know,
about this risk.)
Examples of Article 2 violations:
 Refusing to give lifesaving treatment to someone because of their age
 Deaths through neglect or negligence
 Failing to investigate suspicious deaths
 Deciding not to resuscitate someone (unless they have requested this)
A RTICLE 3: R IGHT TO BE FREE FROM TORTURE , INHUMAN AND
DEGRADING TREATMENT
 An absolute right
 Must be very severe treatment
 The state has a positive obligation to protect
Inhuman treatment
 Less severe than torture, but still causes severe mental or physical suffering
 It does not need to be deliberate
Degrading treatment
 Treatment that grossly humiliates
 Designed to produce in the victim feelings of fear, anguish and inferiority
Examples of Article 3 violations:
 Neglect/ carelessness e.g. bed sores, not being fed properly
 Poor conditions in hospitals or care homes
 Washing or dressing without regard to dignity
 Excessive force used to restrain
 Authorities failing to protect individuals from abuse
M ALNUTRITION AND DEHYDRATION
1
These are to defend a person from unlawful violence; to arrest a person or stop someone from escaping; and to stop a riot
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In a life
threatening
situation
treatment cannot
be refused
regardless of
immigration
status else it will
breach human
rights
Dignity and
respect in health
and social care
is an absolute
right and
policy/decisions
will need to be
changed.
Applying the
principle of
proportionality is
central to
considering and
respecting human
rights in the day
to day work of
NHS and local
authorities.
Proportionality
also allows NHS
organisations to
balance competing
interests, e.g. the
rights of
individuals with
the rights or needs
of others (such as
patients, staff or
the wider
community).
1.
Important
mechanism to
ensuring that
the
infringement
of rights is
A RTICLE 5: R IGHT TO LIBERTY
A limited right, meaning a person’s right to liberty can be breached in certain, very
specific circumstances – including:
(e) the lawful detention of persons for the prevention of the spreading of infectious
diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants (Human
Rights Act)
Detention
 A specific mental disorder must be involved, and the disorder must be
extreme
 Detention includes secure facilities and extreme restriction on freedom of
movement (eg sedation)
 Detention must be lawful, and should end when the disorder ends
 There must be periodic reviews by a Tribunal with power to discharge
A RTICLE 6: R IGHT TO A FAIR TRIAL
Article 6 focuses on how decisions are made – it helps to open up decision-making
processes to scrutiny and ensures that they are fair.
It applies to  Criminal proceedings
 Civil rights and obligations
Under Article 6, a person(s) whose rights are affected is entitled to  An independent and impartial tribunal
 Be present at some stage during the decision making process
 Be able to present their case before the decision is made
 Know and be able to challenge the case against them
 See all relevant documents
 Have the decision made within a reasonable time period
 Be given reasons for the decision made
Examples of decisions which require a ‘fair trial’:
 Decisions to suspend employees from duties
 Confiscation of property/ property disputes
 Planning proceedings
 Licensing decisions
 Compensation issues
 Article 6 protects your right to a fair hearing. If you are subject of a
disciplinary hearing where the outcome could affect your ability to carry out
your profession or trade, for example a disciplinary hearing by the General
Medical Council or the Law Society, then your right to a fair hearing,
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Restrictions must
be:

proportionate

lawful

accountable –
be for a
legitimate
reason

necessary
Restrictions must
be:

proportionate

lawful

accountable –
be for a
legitimate
reason

necessary
kept to a
minimum and
is always
reasonable
2. What is left of
the person’s
rights if we
take this
action or
adopt this
policy?
3. Is there an
alternative
approach to
the problem
that is less
drastic?
guaranteed by Article 6, is likely to be engaged. However, most internal
disciplinary hearings, which may result in your dismissal but will not result in
you being prevented from continuing to work in that field, will not engage
Article 6.
A RTICLE 8: R IGHT TO PRIVATE AND FAMILY LIFE , HOME AND
CORRESPONDENCE

A qualified right – i.e. can be restricted, and has to be balanced against the
rights of others and needs of society
 Protects four interests: family life, private life, home and correspondence
 The state has a positive obligation to protect this right
Family life
 Includes the right to develop normal family relationships
 Includes the right to on-going contact if family is split up
Private life
 Includes a right to ‘physical and psychological’ integrity
 The right to participation in the life of the community
 The right to form and maintain relationships with other people
Home
 Not a general right to housing, but a right to the home you already have
 Care homes or hospital wards may be a person’s home
Examples of Article 8 violations:
 Lack of dignity in respect of personal care needs
 Lack of privacy on wards
 Refusal to allow family visits or contact whilst in hospital/ residential care
 Inappropriate use of restraint or medication
 Negative and patronising attitudes
 Insufficient attention paid to confidentiality
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Restrictions must
be:

proportionate

lawful

accountable –
be for a
legitimate
reason

necessary
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A RTICLE 14: R IGHT TO NON - DISCRIMINATION
 This must be linked to one of the other Convention rights
 It prohibits discrimination on any grounds. The list of grounds in Article 14
are open-ended and may include disability, gender, race, political views,
carer status, marital status, being HIV positive etc.
Discrimination under the Human Rights Act can mean two things:
 Treating people in the same situation differently because of their status; or
 Treating people in a different situation – people who have different needs –
in the same way, regardless of those needs.
Not all differential treatment will be considered to be discrimination, only that
which cannot be objectively and reasonably justified by the State. The definition can
therefore allow for positive discrimination in some circumstances.
Examples of Article 14 violations:
 Racial bullying or harassment
 Not allowing people of particular religions to observe religious practices
 A carer being harassed at work because colleagues feel she takes too much
time off on account of her caring responsibilities
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Restrictions must
be:

proportionate

lawful

accountable –
be for a
legitimate
reason

necessary
This covers
gender, gender
identity, colour,
race, language,
religion, political or
other opinion,
national or social
status, association
with a national
minority, property,
birth or other
status.