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Centre for Policy on Ageing | |
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| Human rights in practice | | Author(s) | Jef Smith |
| Journal title | Care Home Management Bulletin, issue number 64, 15 July 2008 |
| Pages | pp 2-8 |
| Source | http://www.croner.co.uk |
| Keywords | Services ; Care homes ; Rights [elderly] ; Law. |
| Annotation | Jef Smith considers the place of human rights within social care. While the Human Rights Act purports to protect citizens, more usually it strengthens the rights of the state to police its provisions. This article looks briefly at findings of the Parliamentary Joint Committee on Human Rights' report 'The human rights of older people in healthcare' (2007). Article 3 of the European Convention on Human Rights (ECHR) - which outlaws "inhuman or degrading treatment" - is relevant to discussions of the right to life, and issues around physical restraint, respect and dignity. Implications for care homes, disruptions caused by enforced moving, freedom from discrimination, and dignity and choice are discussed in the context of the Act, the ECHR, the National Service Framework for Older People (NSF), and the Department of Health (DH) Dignity in Care campaign. In 2007, the House of Lords ruled that the Act did not apply to independent sector homes, because they are "not technically carrying out public functions". The regulations are to be amended to close this loophole, so that care homes and agencies will be obliged to observe users' human rights. (RH). |
| Accession Number | CPA-080908202 A |
| Classmark | I: KW: IKR: VR |
Data © Centre for Policy on Ageing |
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| ...from the Ageinfo database published by Centre for Policy on Ageing. |
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