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”