DIGNITY and LAW Tom Loader Dignity in Care

SUMMARY OF KEY LEGISLATION • The Human Rights Act 1998: 16 Fundamental rights and

Human Rights and Older People Three of the Articles are most relevant to Older

ARTICLE 2 YOUR RIGHT TO LIFE This right has two aspects to it. Public

ARTICLE 3 YOUR RIGHT NOT TO BE TREATED IN AN INHUMAN OR DEGRADING WAY

ARTICLE 8 THE RIGHT TO RESPECT FOR YOUR PRIVATE AND FAMILY LIFE, HOME AND

Measuring Dignity is subjective, so how do we measure it? Metrics tools, National Minimum

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DIGNITY and LAW Tom Loader, Dignity in Care Team Dignity in Care

SUMMARY OF KEY LEGISLATION • The Human Rights Act 1998: 16 Fundamental rights and freedoms in the ECHR • Legislation protecting vulnerable people from abuse: ØSafeguarding Vulnerable Groups Act 2006 • Mental health and mental capacity legislation: ØMental Capacity Act 2005 ØMental Health Act 2007 • Anti-discrimination legislation: Many important pieces, for example: ØSex Discrimination Act 1975 ØRace Relations Act 1976 ØDisability Discrimination Acts 1995, 2005 2/24/2021 Dignity in Care 1

Human Rights and Older People Three of the Articles are most relevant to Older People Article 2) The right to life. Article 3) The right not to be tortured or treated in an inhuman or degrading way; Article 8) The right to respect for private and family life, home and correspondence; 2/24/2021 Dignity in Care 2

ARTICLE 2 YOUR RIGHT TO LIFE This right has two aspects to it. Public authorities must: not take away your life, take reasonable steps to protect your life. Some dignity related issues: Autonomy in treatment Dignity in dying 2/24/2021 Dignity in Care 3

ARTICLE 3 YOUR RIGHT NOT TO BE TREATED IN AN INHUMAN OR DEGRADING WAY Article 3 does not just refer to treatment as extreme as torture. The ban on inhuman or degrading treatment can be very relevant for older people. inhuman treatment means treatment causing severe mental or physical harm degrading treatment means treatment that is grossly humiliating and undignified 2/24/2021 Dignity in Care 4

ARTICLE 8 THE RIGHT TO RESPECT FOR YOUR PRIVATE AND FAMILY LIFE, HOME AND CORRESPONDENCE The Article is broadly defined and extends to include issues such as: being able to live your personal life as you choose; being able to establish relationships with others as you wish; your physical and mental well-being; being able to access medical treatment; having personal information which is part of your private life kept confidential. 2/24/2021 Dignity in Care 5

Measuring Dignity is subjective, so how do we measure it? Metrics tools, National Minimum Standards, If in doubt: The 10 points of the Dignity Challenge, More information on dignity and the law can be found in the resources section of the dignity website. www. dignityincare. org. uk 2/24/2021 Dignity in Care 6