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Health

The NHS may face challenges under Article Two, the Right to Life, on the rationing of certain medicines or the problems of “postcode treatment” - receiving different levels of treatment depending on location.

Article 14, prohibition of discrimination, could affect clinical decisions to withhold certain treatments to older people.

Standards of palliative care for chronically ill patients could be challenged under Article Three if it can be proved that this amounted to inhuman or degrading treatment.

Couples denied infertility treatment could attempt to bring cases under Article 12, the right to found a family - something that has been expected ever since the case of Diane Blood who challenged the NHS’s refusal to allow her to be impregnated with the sperm of her late husband.

Campaigners against care or nursing home closures could bring cases under Article eight, the right to privacy and family life. Successful cases in this area could have major local financial implications for councils and health authorities. Finally one judge has already predicted that there will be challenge in mental health against the detention of people with serious personality disorders.
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