main title subheading human rights and healthcare ellie keen 6 th october 2011
TRANSCRIPT
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
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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.
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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
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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