Description of the legal term Personal Rights:
Personal rights in British law refer to the rights and freedoms granted to individuals that primarily concern their personal interests. Unlike property rights, which deal with rights over objects or land, personal rights typically relate to an individual’s bodily integrity, privacy, and freedom from interference in their personal lives. These rights are considered inalienable and are protected by common law, statute, and, in modern times, international human rights standards, such as those encapsulated in the European Convention on Human Rights (ECHR), which have been incorporated into domestic law by the Human Rights Act 1998.
These rights are distinguishable due to their characteristic of being non-transferable and non-assignable; they are inherently personal to the individual. For instance, the right to life, freedom from torture, the right to a fair trial, and the freedom of expression are all examples of personal rights. Such rights also include the right to personal autonomy, which involves the capability to make decisions independently regarding one’s body and life, which is paramount in the medical law context, particularly in cases of consent to medical treatment.
Moreover, privacy is a significant aspect of personal rights. The right to privacy means that individuals have the right to lead their lives without unwarranted intrusion by the state or other organizations or individuals. This can involve the protection of personal information and the right to respect for private and family life.
The law balances these rights with the interests of the state, such as in matters of security, public order, and morality. This can lead to tensions where the exercise of personal rights might conflict with collective societal interests or the rights of others. British courts often mediate this delicate balance, particularly since the incorporation of the ECHR into domestic law, which requires public authorities and the courts to respect and protect these freedoms.
Legal context in which the term Personal Rights may be used:
An illustrative example of personal rights in practice can be seen in the case of ‘Re A (Children) (Conjoined Twins: Surgical Separation)’ in 2000. Here, the English court faced the extraordinary dilemma of deciding whether conjoined twins, Jodie and Mary, should be separated by surgery, thereby saving Jodie at the certain cost of Mary’s life. The case engaged several personal rights, including the right to life, and the right to refuse medical treatment. The court ultimately decided that the separation, which would lead to Mary’s death, was lawful. In doing so, it balanced Jodie’s right to life, which could only be preserved by separation, against Mary’s, who, according to medical evidence, had no prospect of a viable life, even if left conjoined. The court’s ruling demonstrated a complex interaction between individual rights and ethical considerations.
Another example involves the privacy rights of celebrities. In ‘Douglas v Hello! Ltd [2005] EWCA Civ 595’, film star Michael Douglas and his wife Catherine Zeta-Jones sued Hello! magazine for publishing unauthorized photographs of their wedding. The court had to balance the couple’s right to privacy against the publication’s freedom of expression. It sided with the couple, awarding damages for breach of confidence. The case highlighted the importance of respecting personal rights to privacy, even for public figures, illustrating that these rights extend into how individuals choose to share (or not share) their private events with the world.
In the British legal system, the protection of personal rights is essential for ensuring respect for human dignity, the rule of law and the preservation of justice. Recognition and enforcement of these rights safeguard against abuse by the state and private entities, providing everyone with the fundamental assurance of respect for their intrinsic worth as individuals.
