Human rights and care homes – the Court of Appeal’s decision

Posted on February 1st, by editor in Caring Times. No Comments

The European Convention on Human Rights (the Convention) enshrined in UK law by the Human Rights Act 1998 (HRA) is designed to protect the individual from abuse by the state, ie central or local government. It was not intended to protect the individual from other individuals and corporations – that is the function of criminal law and other legislation. Nor was it designed to give individuals more than basic protection of human rights against the state, not necessarily advanced rights. With the development of modern society and the increased privatisation by government of formerly and primarily state functions, there has been some confusion in the courts as to whether private organisations, having taken over state tasks, are thereby subject to human rights legislation. *Johnson v Havering* All of this was brought into sharp focus in the January 2007 Court of Appeal (CA) decision in the case of Johnson v London Borough of Havering (Secretary of State for Constitutional Affairs and the National Care Associatio

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