The Human Rights Act 1998 introduces a number of basic civil and human rights for all citizens. Article 5, 'The right to liberty and security of person', is the article which may be most likely to apply to the detention of people with mental illness or with reduced capacity. Article 8, 'The right to respect for private and family life, home and confidentiality' is also relevant and may be used to stop the removal of a frail older person from one care home to another due to closure. (It should be noted that this statutory responsibility is not shared by the independent sector, which provides most of this type of care.)
Human Rights Act
Year
1998
Details