Winterbourne View,Operation Jasmine, the EHRC’s Close to Home report and the harrowing story of Gloria Foster are all recent examples, and there are many more, of how the human rights of those receiving care have been breached. One would assume that protecting someone from abuse, neglect or undignified treatment would be the first priority of those providing care, however, in some cases it is clear that it is not so.
In this context it is vital that the law acts to protect who are vulnerable to human rights abuses. The Human Rights Act 1998 states that ‘It is unlawful for a public authority to act in a way which is incompatible with a Convention right.’ Simply put, this means that public bodies have a duty to respect and protect people’s human rights to fairness, respect, equality, dignity and autonomy. Where they fail in this regard they can be challenged in the courts.
Age UK has long been concerned that not all older people receiving care benefit from this vital source of protection. Certain groups of older people including those who receive home care services provided by private and third sector organisations under a contract to the local authority and those who arrange and pay for their own care are currently not directly protected under the Human Rights Act. Continue reading “Care Bill: How the Human Rights Act can provide a safety net”
This guest blog was contributed by Mary Cox, Safeguarding Advisor in Age UK’s Service Development team.
In England there is no legal definition of elder abuse and no specific legislation for protecting vulnerable people in later life from abuse. Yet not a week goes by without our staff and volunteers encountering situations where a person’s human or civil rights having been violated by another person. This is why safeguarding is central to Age UK’s duty of care towards all people in later life.
Safeguarding encompasses prevention, empowerment, protection and justice. It is a process that allows people to live with as much independence as possible while maintaining their fundamental human right to live a life free from abuse and neglect.
Our commitment to preventing the mistreatment of people in later life includes promoting awareness of seven types of abuse: emotional, financial, physical, sexual, discriminatory, institutional and neglect. But in practice it is rare to find one type of abuse occurring in isolation. Often, situations involve ‘multiple abuse’ where two or more types of abuse are occurring simultaneously.
Understanding how and why people abuse, whether it is deliberate or unintentional, is central to our work. Also, being aware of the barriers that people face in sharing their concerns about the way they are treated by relatives, friends or ‘professional’ personnel is essential in responding effectively to our clients’ needs. We have found that there is a strong correlation between providing training and support to staff and volunteers, and an increase in the number of abuse cases we have identified.