Thanks for the heads-up message,
@Sly Saint. Sorry I didn't reply earlier but last week was a particularly difficult time and I'm just catching up now.
It's always problematic trying to respond to questions/discussion points on legal issues because there are no clear-cut answers and each individual point raised usually merits a lengthy response. The honest answer to pretty much all legal questions is "it depends.....". I've found from previous experience that trying to explain things usually ends up getting into extended and complicated discussions which leave everyone more confused (including me!).
That said, I'm always happy to help if I can on specific points. Human rights (mentioned above) are an integral in every aspect of life. Article 8 of the European Convention on Human Rights would be the most likely vehicle for ME patients (right to private and family life which broadly includes the right to appropriate healthcare). There are other possibilities but Article 8 is the most relevant. However, launching a legal action is an expensive and lengthy business and always needs expert professional advice first. In the context of the NICE review, it would most likely arise as part of a (hypothetical) judicial review. Such an action would also need to avoid the mistakes of the last JR attempt ten years ago.
Of course the fundamental rights of the ME community are being breached all the time but, in the current climate, it would be difficult to prove that, either as a stand-alone action (via a declaration from the High Court - which doesn't happen often) or as part of another action such as a medical negligence claim that damage has been caused to ME patients through inappropriate and dangerous treatment recommendations (also very difficult to prove in the current circumstances). Again, external professional advice would be needed as the experience of the ME community is unique and highly complex.
Sorry I haven't addressed other points raised here - but that's for the reasons I've set out above. As I've said repeatedly in my blog and on social media, my view is that we need to consider the overall bigger picture as to WHY the ME community is still so neglected and stigmatised. My view is that it is because of a decades-long complete lack of an overarching strategy specifically designed to address negative perceptions of both ME patients and the illness itself.
That is a very wide remit and would encompass all the major issues, including NICE. I'm trying to muster the energy to do a longer blog post on this but haven't quite got there yet. Hopefully, when I do, it will make more sense than this short thumbnail.