Monthly Archives: July 2015

What is “Proper Medical Treatment”?

Dr Sara Fovargue, Lancaster University
Dr Alexandra Mullock, University of Manchester

The relationship between medical practice and criminal law is much closer than many realise. Doctors are permitted to do things that others are not, provided that what they do is regarded as ‘proper medical treatment’. The legal justification for bodily invasions in the medical context has developed according to the ‘medical exception’ to the criminal law discussed by the House of Lords in the cases of R v Brown [1993] and Airedale NHS Trust v Bland [1994], and by the Law Commission in 1994. As those involved in sado-masochistic activities discovered in Brown, consent, in the absence of medical (or legitimate sporting) justification, is not enough to make harming others lawful. And in Bland, while it was legitimate for the doctors to withdraw life-sustaining treatment, if a concerned relative did the same it would become a criminal matter.

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Via @ConversationUK – Twenty years after Srebrenica, ethnic cleansing has become a defence to genocide

Prof James A. Sweeney

James A. Sweeney (@James_Sweeney_) is Professor of International Law in the Law School at Lancaster University.  He has published widely in the areas of human rights and refugee law, and is the author of The European Court of Human Rights in the Post-Cold War Era: Universality in Transition, the first monograph to examine transitional justice in the jurisprudence of the ECHR.  His work on the human rights of failed asylum seekers, [2008] Public Law 277-301, has the distinction of being cited with approval both by the House of Lords and the Court of Appeal, in the cases of R (on the application of M) v Slough BC [2008] UKHL 52, [28], and SL v Westminster City Council [2011] EWCA Civ 954, [16].

You can find out more about James’ research at http://www.lancaster.ac.uk/fass/law/profiles/james-sweeney

Via @ConversationUK – How Osborne’s new cuts breach the UK’s human rights obligations

Dr Amanda Cahill-Ripley

Amanda Cahill-Ripley (@AmandaCahillRip) is a Lecturer in Law and author of The Human Right to Water and its Application in the Occupied Palestinian Territories, Routledge, 2013 (paperback).  Her main research interests are international human rights, in particular economic and social rights; human rights, conflict and transitional justice; rights and development.

You can find out more about Amanda’s research at http://www.lancaster.ac.uk/fass/law/profiles/amanda-cahill-ripley