N v United Kingdom

Legal case

N v United Kingdom

Court| European Court of Human Rights
Citation| [2008] ECHR 453
Keywords
Health, deportation, exceptional circumstances

N v United Kingdom [2008] ECHR 453 is an ECHR human rights case, concerning the lawfulness of deporting an individual in the UK with serious health issues.

## Facts

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A Ugandan citizen with HIV/AIDS claimed deportation to Uganda would be inhuman and degrading under ECHR article 3, because she would be unlikely to get health treatment. Without treatment she would stay alive for 2 years, with treatment for decades, almost as normal.

The House of Lords [2005] UKHL 31 agreed her case was not sufficiently exceptional, to justify halting deportation.

## Judgment

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The European Court of Human Rights agreed with the House of Lords that the case was not exceptional, in contrast to the case of D v United Kingdom (1997) 24 EHRR 423.

> ... Article 3 does not place an obligation on the Contracting States to alleviate such disparities through provision of free and unlimited health care to all aliens without a right to stay within its jurisdiction. A finding to the contrary would place too great a burden on the Contracting States.

## See also

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* v
* t
* e

Public health sources

UDHR 1948 art 25

European Social Charter 1961 arts 11 and 13

ECHR 1950 arts 2, 3 and 8

National Health Service Act 2006 ss 1-1I, Sch 1A and Sch 7

NHS (Clinical Commissioning Groups) Regulations 2012 regs 11-12

Health and Social Care Act 2012 ss 75, 115-121 and 165

NHS (Procurement, Patient Choice and Competition) (No 2) Regulations 2013 regs 2-11

National Health Service (Private Finance) Act 1997 s 1

National Health Service Act 2006 ss 1A-C and 3

R (B) v Cambridge Health Authority [1995] EWCA Civ 43

R (Coughlan) v North and East Devon HA [1999] EWCA Civ 1871

R (Ann Marie Rogers) v Swindon PCT [2006] EWCA Civ 392

R (Watts) v Bedford Primary Care Trust (2006) C-372/04

National Health Service Act 2006 ss 6BB and 175

NHS (Charges to Overseas Visitors) Regulations 2015 regs 3-9

N v United Kingdom [2008] ECHR 453

see UK enterprise law

* United Kingdom enterprise law

## Notes

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## References

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