Advances in Psychiatric Treatment (2009) 15: 23-31. doi: 10.1192/apt.bp.107.005462
© 2009 The Royal College of Psychiatrists
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Article 8 of the Human Rights Act 1998: implications for clinical practice{dagger}

Martin Curtice

Martin Curtice is Consultant in Old Age Psychiatry at Queen Elizabeth Psychiatric Hospital, Birmingham, UK. He obtained a Master of Laws with Distinction in Mental Health Law in 2003 and has an interest in mental health law and the Human Rights Act. He sits on the Royal College of Psychiatrists’ Special Committee on Human Rights.

Correspondence: Correspondence Dr Martin Curtice, Queen Elizabeth Psychiatric Hospital, Vincent Drive, Edgbaston, Birmingham B15 2QZ, UK. Email: mjrc{at}ukonline.co.uk

The Human Rights Act was introduced into UK law in 2000 and must be considered in all cases, including mental health review tribunals. Article 8 (the right to respect for private and family life) comprises two parts and has embedded in it ‘tests’ that must be applied when assessing any interference with this protected right. A review of Article 8 case law reveals how it is used and how it can be applied in a myriad of clinical situations. Because it involves the right to respect for private life, and is in a sense individualised, it will potentially affect people (both patients and staff) in the mental health services in a variety of ways. Article 8 has implications not only for patients but also for clinicians and healthcare organisations.