Human rights and duty of care PDF

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Human Rights Law...

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M1-assess the importance of balancing individual’s rights with a duty of care in a selected health and social care setting Human rights are the basic rights and freedoms that belong to every person in the world. In the UK, these rights are contained in the Human Rights Act 1998. If a public authority breaches or doesn't respect your human rights, you can take action under the Act. Public authorities must make sure they respect and protect your human rights when they provide health and care services. This may involve taking positive steps to ensure your human rights aren't breached. If a public authority has treated you badly, you may be able to use human rights law to make a complaint or take court action. Public authorities, which include social services, private care homes funded by a local authority, local authority and NHS, funded care homes, NHS health services like hospitals, GPs and dentists, other NHS bodies like NHS trusts in England. The Human Rights Act (HRA) came into force in October 2000. It enables individuals to enforce 16 of the fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR) in British courts. This makes Parliament and public bodies more accountable to UK citizens through the courts. The fundamental rights include rights that impact directly on service provision in the health and social care sector. Rights particularly relevant to dignity in care include the right to life, the right not to be exposed to inhuman or degrading treatment and the right to a family life. A balance has to be reached between rights and responsibilities. Not all rights are absolute and frequently practitioners are required to balance competing rights. The Human Rights Act •Article 2: Right to life. •Article 3: Freedom from torture and inhuman or degrading treatment. •Article 4: Freedom from slavery and forced labour. •Article 5: Right to liberty and security. •Article 6: Right to a fair trial. •Article 7: No punishment without law. People who require health care, particularly long-term health care, may feel like their dignity and independence are slipping away from them. This is because they feel they can’t do anything by themselves and a sense of loss of pride which can make the person feel worthless. For example, an old woman who is getting changed needs her own privacy and is capable in doing that independently. People who depend on kidney dialysis machines, for example, might feel their lives are ruled by the priority they always give to their treatment. They may very well feel that they aren't 'normal'. In situations like this, the attitude and understanding of health care workers can make a real difference. A case of women’s rights Laws Sometimes Ignored, Rejected by Citizenry in Africa. Mali’s president, Amadou Toure, introduced landmark laws protecting women’s rights of inheritance in August of last year. However, according to a West African Insight: Women and Gender Issues in West Africa (WAI), it faced popular opposition. “[The law was] instantly rejected by angry leaders of Muslim associations who called the new family code the ‘handiwork of the devil and anti-Islam.’ The law was eventually withdrawn, according to the president, ‘to ensure calm and a peaceful society—and for the sake of national unity.” In this particular case, “

M1-assess the importance of balancing individual’s rights with a duty of care in a selected health and social care setting If someone in a workplace has seen that a person has gone against the rights then they would have to inform an immediate boss. Another option is speaking to the HSENI inspectors. If these rights were not followed, you would need to recognise if the "protected right" has been violated. It may make the individual feel that their rights have been violated, but it doesn't necessarily follow that their civil rights were violated. Only certain rights are protected under civil rights and anti-discrimination laws. Some apparent "rights violations" are legal, and cannot form as a civil rights case. Promoting good communication is very vital for example, a doctor would not use technical terminologies when chatting to a patient or someone associated to the patient in order to make sure they evidently understand the situation and have no queries. GMC (general medical council), NMC (nursing and midwifery council) and HCPC (health and care professions council) have the base principles which define a good practice of care which are found in the code of practice in sectors consortium 1992. These points are following the rights which provides of safeguarding to the service users and service providers; protecting their rights to live in safety, free from abuse and neglect. People and organizations work together to prevent the risk of abuse or neglect and to stop them from happening. Making sure people's wellbeing is promoted, taking their views, wishes, feelings and beliefs into account. The rights as an employee to work in a safe and healthy environment are given to you by law and generally cannot be changed or removed by your employer. The most important of these rights are: to have any risks to an individual’s health and safety properly controlled. It is to be provided with any personal protective and safety equipment free of charge, to stop work and leave your work area, without being disciplined if you have reasonable concerns about your safety. To tell the employer about any health and safety concerns you have, not to be disciplined if you contact the Health and Safety Executive for Northern Ireland (HSENI), or the local authority, if the employer won't listen to your concerns, to have rest breaks during the working day, to have time off from work during the working week. Following our rights is important, as for example, if you are living with a mental health problem, it’s important for you to know your rights under the Human Rights Act as the law should comply with human rights. Also the mental health and emergency services must comply with human rights - this includes police and ambulance staff as well as doctors and nurses. For example, knowing your rights under the Human Rights Act can be important if you are detained/kept in hospital, under the Mental Health Act.

A conflict between Duty of Care and balancing human rights is that as support staff and services ensure service users receive the best care they deserve, however conflict of interest between company polices, staff code of conduct and service users. Overall, it is important for everyone taken care of and most

M1-assess the importance of balancing individual’s rights with a duty of care in a selected health and social care setting importantly the rights and wishes of the service users. For example, a service user refused to take medication prescribed by the doctor. Trying to encourage the service user to take the medication by explaining the positive health implications it will have on the individual if they take it and also the possible consequences if they do not want to proceed with the medication they are given. More experienced staff should explain to the individual to what they are doing, and then be provided with a record acceptance on the individuals support plan. Service users rights should be treated with respect, in order to dothat if a dilemma happens where a service user is being harmed is that they may carry out a risk assessment to try make the situation safe as possible whilst still allowing whatever the individual would like to do. The Human Right Act 1998 guarantees individual’s right to live their life with freedom from torture, inhuman or any kinds of degrading treatment or punishment. The Human Rights Act respects an individual’s private and family life by protecting their property and much more. It also includes access and freedom to education.

Sources; http://www.scie.org.uk/publications/guides/guide15/legislation/humanrightsact/ https://www.nidirect.gov.uk/articles/employees-health-and-safety-responsibilities...