Respect, consent and confidentiality - source of this right

1. You have the right to be treated with dignity and respect, in accordance with your human rights

The source of this right:
The right to be treated with dignity and respect is derived fromt he rights conferred by the European Convention on Human Rights (ECHR), as given effect in UK law by the Human Rights Act 1998. The relevant rights under the ECHR are the right to life (article 2), the right not to be subject to inhuman or degrading treatment (article 3) and the right to respect for private and family life (article 8).

It is unlawful for a public body to act incompatibly with those ECHR rights (section 6 of the Human Rights Act).

Individual health professionals are also governed by the standards set under the professional regulatory regime that applies to their profession.

2. You have the right to accept or refuse treatment that is offered to you, and not to be given any physical examination or treatment unless you have given valid consent. If you do not have the capacity to do so, consent must be obtained from a person, legally able to act on your behalf,or the treatment must be in your best interests

The source of this right:
The law relating to battery and assault makes it generally unlawful for a person to be given a physical examination or treatment unless they have given valid consent.

Investigation or treatment without valid consent may constitute a criminal offence or amount to battery.

If a person does not have the capacity to consent because of their physical or mental state, or because they are a child with insufficient understanding to give consent, treatment may take place without the consent of the individual concerned. In such cases, treatment may be consented to by another individual - for example, the parent of a child, or a personal welfare attorney appointed under the Mental Capacity Act 2005. In other cases, treatment must be in the best interests of the patient (in some cases, the NHS may apply to the court for a declaration that a particular treatment is in a person's best interests).

The Mental Capacity Act 2005 contains further detailed rules about capacity and consent to treatment.

Individual health professionals are also governed by the standards set under the professional regulatory regime that applies to their profession.

3. You have the right to be given information about your proposed treatment in advance, including any significant risks and any alternative treatments which may be available, and the risks involved in doing nothing

The source of this right:
Under the law of negligence, a health professional may breach their duty of care to their patient if they fail to provide them with sufficient information in advance of treatment to ensure valid consent.

If no information is provided, or the information is insufficient and the individual patient would not have consented if they had been given sufficient information, and they have suffered physical harm as a result of the procedures, they are entitled to bring a claim for damages as compensation for the loss suffered.

4. You have the right to privacy and confidentiality and to expect the NHS to keep your confidential information safe and secure

The source of this right:
The common law imposes a duty of confidentiality, including where individuals or bodies providing healthcare receive or hold personal information relation to an individual patient.

This requires that information held in confidence is only disclosed to a third party when the subject of the information has consented, when there is a basis in law for disclosure, or the public good that would be served by disclosure outweights an individual's right to confidentiality.

The Data Protection Act 1998 provides additional safeguards by requiring those who hold personal information to comply with various 'data protection principles'. These include ensuring that information is held securely with appropriate technical and organisational measures to prevent unauthorised or unlawful use.

A right to privacy, for both individual and family life, is provided under Article 8 of the European Convention of Human Rights (ECHR) as given effect in UK law by the Human Rights Act 1998. Article 8 establishes a right to respect for private and family life, which encompasses the disclosure of personal information.

Regulations under the NHS Act 2006 governing the provision of GP and other primary care services require providers to comply with specified requirements concerning confidentiality.

Individual health professionals are also governed by the standards set under the professional regulatory regime that applies to their profession.

5. You have the right of access to your own health records. These will always be used to manage your treatment in your best interests

The source of this right:
Legislation provides that, subject to certain health qualifications, individuals have a right to access personal information that relates to them and is held by a 'data controller' (e.g. a GP or an NHS body) - refer to section 7 of the Data Protection Act 1998.