Legal Reforms and Protection of Rights: Analysis of the Health and Care Act (NHS) in the Context of International Law

Large-scale legislative reforms in the healthcare system, such as the British Health and Care Act 2022, provoke profound discussions about the balance between modernization and the protection of fundamental individual rights. This law, aimed at integrating medical and social services, reducing bureaucracy, and implementing digital technologies, simultaneously creates precedents that affect data privacy, equality of access to healthcare, and patient autonomy. Its provisions require careful analysis through the lens of general principles of international law and justice, which form the foundation of global consensus in the field of healthcare.

Structural changes and their impact on equality of access

One of the central novelties of the law was the creation of Integrated Care Systems (ICS), which unite hospitals, medical practices, and local authorities for joint planning and funding of services. The goal is to provide more coordinated and patient-centered care. However, this reform opens the door to broader participation of private companies in the work of ICS committees, which make decisions on the allocation of public funds. There are legitimate concerns that commercial interests may conflict with the principle of justice, one of the pillars of medical ethics, which requires equal and impartial distribution of resources.

International law, in particular the International Covenant on Economic, Social and Cultural Rights, enshrines the right of every person to the highest attainable standard of physical and mental health. This principle is detailed through the so-called AAAQ concept. It establishes specific obligations for states.

To comply with international standards, the healthcare system must provide:

• Availability. A sufficient number of functioning medical institutions, goods, and services for the entire population;
• Accessibility. Services must be accessible to everyone without discrimination, both physically and economically;
• Acceptability. Medical services must comply with ethical standards, be culturally acceptable, and respect confidentiality;
• Quality. Assistance must be scientifically and medically substantiated and of high quality.

Critics of the 2022 Act point out that the structural reorganization of the NHS could jeopardize the very principle of accessibility if the focus shifts from universal coverage to economic efficiency, potentially creating inequality for vulnerable population groups.

Data Privacy in the Era of Digitalization

The Health and Care Act 2022 significantly expands the powers for data sharing between various organizations within the NHS and with external partners. This is necessary to create a unified digital space and improve care coordination. However, such centralization and simplification of access to confidential medical information raise serious concerns about privacy protection. Advocacy groups express concern that the law enhances the ability of NHS Digital (now part of NHS England) to share patient data with third parties, including private technology companies.

The principle of respect for private life and confidentiality is an integral part of the right to health. It is protected by both the European Convention on Human Rights and universal declarations. Any interference in this sphere must be strictly necessary, proportionate, and pursue a legitimate aim. Expanding data sharing without adequate safeguards and transparent oversight creates risks of misuse of sensitive information, which undermines trust between the patient and the healthcare system.

Ultimately, the evaluation of such large-scale reforms as the Health and Care Act 2022 goes beyond national policy. It touches upon universal principles of justice, equality, and human rights. The effectiveness of the new system will be measured not only by economic indicators but also by its ability to uphold the fundamental right of every individual to dignified, accessible, and confidential medical care, in full accordance with the norms of international law.