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Even if private entities are contracted, as in this case, by a local authority to undertake tasks that the local authority is bound, statutorily, to perform, some further public characteristic must be displayed. The Court of Appeal concluded that this charity was not exercising a public function, even though it provided accommodation by arrangement with a local authority in fulfillment of the local authority's statutory duty. According to the Court of Appeal, there was no special characteristic of the relationship between the local authority and the charity that would suggest that it should be considered a hybrid public authority.
YL was eighty-four years old and suffering from Alzheimer's disease. It was argued that a deterioration of her health would follow if she were moved and that this would result in a disproportionate violation of her right to respect for family and home pursuant to article 8 of the Convention. The local authority had arranged for YL's placement in the home pursuant to its obligations under the National Assistance Act The care services were funded primarily by the local authority, with remaining costs borne by the claimant's daughter.
The government, through the Secretary of State for Constitutional Affairs, intervened in favor of finding Southern Cross to be a hybrid public authority. The majority and minority judgments of the House of Lords reveal differing views about the responsibility of government, welfare law, and policy, as well as about the proper reach of human rights.
They approved an approach that requires consideration of a range of factors—citing those factors mentioned by Lord Nicholls in Aston Cantlow—and the characteristics of the entity in question to ascertain whether the functions of the body are of a public nature. There is, thus, no single test of universal application, and the identified significant factors will need to be addressed in every case where there is doubt. In Baroness Hale's view the decision of the ECtHR in Storck v Germany 49 was a compelling indication that acts of private bodies would engage state responsibility before the Court.
The confinement was not authorized or supervised by any state entity, and the police had forced her return after she had fled. In addition, Baroness Hale emphasized the positive obligation of the state to prevent violations.
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First, in some circumstances, such as in Storck v Germany, the state may be responsible if it fails to regulate or control effectively the activities of private persons. The specific circumstances of the case led to the conclusion that the compensation scheme engaged the responsibility of the state. While this might be a necessary condition for activities classified as public functions, it is not in itself sufficient and can only be given limited weight. Moreover, according to the majority judges, the payments were for a service provided on commercial terms and were, in principle, no different from payments made to any supplier of services such as cleaning and catering.
As a consequence, payments by a public body from public funds could not be a decisive factor. All of the judges considered the nature and extent of any statutory power or duty to be relevant. The majority emphasized the contractual setting as strongly suggesting that this arrangement fell squarely within a private law context.
They concluded that it would be less anomalous to distinguish between residents in private care homes and those in local authority homes than it would be to distinguish between publicly and privately funded residents in the same private home. Breaches of human rights by a care provider would not by itself amount to an infringement of those rights by the local authority.
Lack of human rights protection may be critical for this vulnerable section of the community.
According to a recent report of the Joint Committee on Human Rights, care home residents have little protection against eviction. The public-private conundrum The House of Lords in YL declined the opportunity to reconsider the public-private distinction, a powerful factor underlying this decision, in relation to human rights protection. In the United Kingdom, the distinction is the outcome of historical circumstance, and it remains a powerful dichotomy at the heart of the legal order.
The division has long been a target of feminists and critical legal studies CLS theorists who have argued that it is an indeterminate and unstable division. Davies suggests a distinction in the character of private and public power: Private power is primarily economic in nature.
But public power has distinctive features. The government has access to coercive powers not normally found in private hands.
Acting through Parliament, the government can change the law at any time. And the government must, in a democracy, be held to account for the exercise of its powers: Thus, in this example, the boundary between public and private, nonprofit and profit, clearly has been traversed.
Functions are defined as public or private only because we define them, as such, for particular purposes in a context. Even so, judicial review case law is also being influenced by HRA jurisprudence, so the influence cuts both ways. In determining whether a body is performing a public function and thus amenable to judicial review, the courts will look at a number of different factors and overlapping criteria, including the source of the power.
The courts, however, have refused to adopt a purely functional test and have insisted on the importance of considering a range of factors such as the source of a body's powers and its institutional relationship to the state.
Nevertheless, the influence of the jurisprudence relating to judicial review has been used to limit the reach of the HRA. Traditional public law constraints have not applied to private entities exercising public functions according to contract law.
A further worrying aspect of the decision is the emphasis on the commercial motivation of the private profit-earning company. If motivation is at issue, then human rights obligations are unlikely to apply to the majority of private contractors who are driven by profit.
At the same time, many factors that might point to the exercise of a public function, such as regulation by public authorities of the delivery of the service, the public interest in the service being delivered, and the funding of the operation, were considered insufficient to establish the public nature of the function.
The artificial distinction drawn by the majority between public funding and paying for a service ignores the reality that private and market-style mechanisms are increasingly employed to deliver what governments formerly provided as a matter of duty. The separation of the delivery of services from the responsibility for them could leave private entities largely unfettered by the public law and human rights scrutiny that normally accompanies an exercise of public power.
Is social welfare considered a responsibility of the government in the United Kingdom? In YL, the majority judges suggested the possibility that public authorities could include in contracts, when outsourcing their functions, an undertaking that the private contractor will respect the Convention rights of the recipient of the service. This suggestion does provide a potential avenue to overcome the divide between public and private law and to increase accountability.
It may be that the same protection for the dignity and respect of individuals could be effectively achieved through novel private law solutions intersecting with public law values.
Dawn Oliver, for example, has argued that both public and private law share important features. Both seek to uphold a common set of values and attempt to control the exercise of power. There are many technical problems with the actual enforcement within the contractual model.
Stress-related disorders - Wikipedia
Damages will be the preferred remedy in the contractual context, with equitable remedies such as specific performance playing a minor role. However, courts, of course, may be unwilling to impose any onerous remedy against private contractors. These defenses do not just screen out painful emotions. They are, in fact, defenses against all emotion. So the more effective person's defenses become in protecting them from painful feelings, the less able they are to experience the joyful and happy feelings that make life worth living.
These defenses are not perfect. As more and more hurt is stored away, a tension is developed. Person becomes increasingly anxious, nervous, and irritable. They become emotionally unpredictable. And when defenses weaken, as they will from time to time, person may experience emotional explosions. These defenses prevent person from knowing what is wrong, but they do not prevent us from feeling bad. Stress as in clinical medicine[ edit ] Acute stress disorder[ edit ] Acute stress disorder occurs in individuals without any other apparent psychiatric disorder, in response to exceptional physical or psychological stress.
While severe, such reactions usually subside within hours or days. The stress may be an overwhelming traumatic experience e. Individual vulnerability and coping capacity play a role in the occurrence and severity of acute stress reactions, as evidenced by the fact that not all people exposed to exceptional stress develop symptoms.
However, an acute stress disorder falls under the class of an anxiety disorder. Symptoms[ edit ] Symptoms show considerable variation but usually include: An initial state of "DAZE" with some constriction of the field of consciousness and narrowing of attention, inability to comprehend stimuli, disorientation.
Followed either by further withdrawal from the surrounding situation to the extent of a dissociative stupor or by agitating and over activity. Autonomic signs of "panic anxiety"[ edit ] The signs are: The symptoms usually appear within minutes of the impact of the stressful stimulus and disappear within 2—3 days.
Post-traumatic stress disorder PTSD [ edit ].