Health Care Choices,Faith and Belief in the Light of the Human Rights Act 1998: New Hope or Missed Opportunity?

The passage of the Human Rights Act 1998 led to considerable speculation that it would be followed by a rise in litigation in the area of health care law as patients sought to assert claims in the English courts based upon the ECHR. This paper considers one area where the Human Rights Act might have been thought to have an impact namely where matters of faith and belief are concerned. It focuses in particular upon two aspects of the relationship between health care law, faith and belief in particular—that of the patient and of the health care professional. It explores what has happened since the Act came into force. The paper examines why eight years on the overall impact of the Act upon health care law in general and upon matters of faith and belief in particular has been so limited. The paper suggests that despite the initial hope generated by the passage of the legislation in some respects it has represented a missed opportunity. It suggests that there is a case for a new dialogue exploring the relationship between fundamental rights in relation to faith and belief and the development of health care law and health policy.