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Human Rights Warnings on the Mental Capacity Bill 2004 |
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In "The Mental Capacity Bill 2004 - Human Rights Concerns" (2005) 35 Family Law Journal 137-143 Dr Jacqueline Laing argues that the human rights concerns properly identified in the recent cases of Burke, HL v UK and in the Joint Committee's Report are "profound enough to suggest that the Bill has been drafted upon false assumptions" (p. 143). She indicates that "to press ahead with the legislation as an expression of political might would be to underestimate the potential for human rights violations so graphically outlined by the High Court, the European Court of Human Rights and the Joint Committee on Human Rights, and to treat with contempt the rights and interests of vulnerable incpacitated patients" (p. 143).
See Jacqueline Laing: "The Mental Capacity Bill 2004 - Human Rights Concerns" (2005) 35 Family Law Journal 137-143
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