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Article 2 and Proportionate Treatment — SCE Palliative Medicine MCQ

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HardLegal & Ethical FrameworkArticle 2 and Proportionate TreatmentSCE Palliative Medicine

A palliative care registrar asks about the concept of “proportionate treatment” under the Human Rights Act. Article 2 (right to life) creates a positive obligation to preserve life. Does this mean all life‑prolonging treatment must always be provided?

Educational content. Not a substitute for clinical judgement or local policy.

Reveal the answer and explanation

Correct answer: E — No—Article 2 does not require treatment that is futile, excessively burdensome, or not in the patient’s best interests; the obligation is to provide treatment that could realistically preserve life

Explanation lettering: E = shown as C · C = shown as E

Article 2 under the Human Rights Act creates a positive duty on public authorities to take appropriate steps to safeguard life, but this obligation is not absolute in clinical practice. UK legal and NHS guidance confirms that treatment may be lawfully withheld or withdrawn when it is futile, disproportionately burdensome, or no longer in the patient’s best interests – in other words, when it would not realistically preserve life or would cause unnecessary harm. Thus, clinicians are not obliged to provide all life‑prolonging treatment. Distractor A incorrectly assumes an absolute requirement. B improperly limits Article 2’s applicability. D and E are factually incorrect and irrelevant under UK law.

Reference: NHS ICB Human Rights Guidance (Human rights statement and guidance) and Sheffield Trust End of Life Care Policy & Procedure, June 2023.