Main titleSubheading

Human rights and healthcare

Ellie Keen

6th October 2011

What do human rights mean to you?

?

What are human rights?

A set of rules for governments

Based on common values

Now set down in law

Developed over centuries

To respect and protect individuals

Core human rights values

“…recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”Universal Declaration of Human Rights

Dignity

Equality

Universal Declaration of Human Rights(UDHR)

Right to life

Freedom from torture

Freedom of expression

Right to liberty

Right to political participation

Freedom from slavery

Freedom of thought

…

…

Right to health

Right to social care

Right to be free from poverty

Right to housing

Right to work

9/19/11

Europe

UK

Universal Declaration of Human Rights

(UDHR)

UN

International Covenant on Civil and Political

Rights

International Covenant on Economic, Social and

Cultural Rights

International Bill of Human Rights

Human Rights Act

(HRA)…

European Convention on Human Rights (ECHR)

European Social Charter (ESC)

RIGHT TO HEALTH

Looking after health and human rights

Respect for

human rights

Better

health

Human Rights Act 1998

Brought the rights contained in the European Convention of Human Rights into UK law

Can be used in domestic courts Everyone in the UK can rely on

the protection of the HRA Public authorities have a duty

to respect Convention rights

Types of rights

Absolute rights Can never be interfered with

Non-absolute rightsCan be limited or restricted in certain circumstances e.g. to protect the rights of others

Looking at the rights…

Which of the rights in the Human Rights Act do you think are absolute – ie allow for no exceptions?

Absolute Non-absolute

A framework for balancing rights

An interference with qualified rights may be permissible if:

- Lawful- Legitimate aim- Necessary in a democratic society

Proportionality:

Is there anything that you could do that would interfere with the right less?

Human rights in action

A woman escaped from the secure hospital where she had been detained under the Mental Health Act and shortly afterwards, committed suicide. She was already known to be a high suicide risk patient.

Could human rights be used against the hospital?

Human rights in action

Supporting family life

A husband and wife had lived together for over 65 years. He was unable to walk unaided and relied on his wife to help him moved around. She was blind and used him as her eyes. They were separated after he fell ill and was moved into a care home.

She was told she couldn’t go with him.

Could human rights be used?

Which rights may be engaged?

A woman with learning disabilities had an operation. Her relatives visited her and found her lying on her back, eyes open but not saying a word. Usually she was talkative and lively so they asked the nurse what was wrong. The nurse said ‘well, she can’t talk can she, if she has a learning disability?’. The woman was re-examined and found to have had a minor stroke.

Human rights in action

A young man with childhood autism and a severe learning disability lived with his father under an extensive care package. The young man was taken to a support unit for a few days while his father was ill, and the local authority then decided he should stay there indefinitely. The father was not kept informed and both he and his son became increasingly distressed by being kept apart.

Which rights could be used?

Human rights in action

A mentally ill foreign national was detained while awaiting deportation, despite the evidence of psychiatrists that detention was not appropriate. While in detention he suffered hallucinations involving four threatening men and was prescribed anti-psychotic drugs. He also continued to self-harm.

Could human rights be used to challenge his treatment?

Examples from your practice

Can you think of examples from your work which may invoke human rights?

Which human rights are engaged?

Could you use human rights to bring about a change in practice?

State obligations

State parties have obligations to: • Respect human rights – i.e. refrain from

interfering with the enjoyment of rights• Protect human rights – i.e. prevent rights

abuses by third parties• Fulfil human rights – i.e. pro-actively

engage in activities that strengthen access to and realisation of rights.

9/19/11

What is a human rights based approach?

• The process: Ensuring that human rights principles and standards guide all policies and practice

• The outcome: Ensuring that duty-bearers are able to meet their obligations and rights-holders to claim their rights

• The aim: to further the realisation of all human rights

9/19/11

The PANEL principles

PARTICIPATION in decisions which affect their rights

ACCOUNTABILITY of those responsible

NON-DISCRIMINATION AND EQUALITY

EMPOWERMENT to know their rights and how to claim them

LEGALITY in all decisions through an explicit link with human rights