What are Human Rights? Short overview from M&LCSU Equality & Inclusion team

2 Midlands and Lancashire CSU Relevance: Human Rights SCREENING Flow Chart Will the policy/decision or refusal to treat result in the death of a person Will the policy/decision lead to degrading or inhuman treatment Will the policy/decision limit a person’s liberty? Will the policy/decision interfere with a person’s right to respect for private and family life? Will the policy/decision result in unlawful discrimination? Will the policy/decision limit a person’s right to security? Will the policy/decision breach the positive obligation to protect human rights? Will the policy/decision interfere with person’s right to participate in life? If you have answered NO all along then your decision has passed the Human rights screening – the right to life in this instance is absolute - in a life threatening situation treatment cannot be refused regardless of immigration status else it will breach human rights (right to Life) The right not to be tortured or treated in a inhumane or degrading way in health and social care is an absolute right and policy/decisions will need to be changed. 1. Is it necessary to limit a persons liberty? 2. Is it proportionate – what will be left if you do? 3. Is it lawful 4. accountable – is it for a legitimate reason 1. Is it necessary? 2. Is it proportionate – what will be left if you do? 3. Is it lawful 4. accountable – is it for a legitimate reason This covers gender, gender identity, colour, race, language, religion, political or other opinion, national or social status, association with a national minority, property, birth or other status. We are all entitled to security and where there is a risk to life there is a duty on public authorities to protect us – ask 4 questions above Public Authorities such as the NHS have a duty to intervene and protect human rights – Human Rights Act 1998 and NHS Constitution This means a right to found a family, marry, practice any religion or belief and a right to life as a lesbian, gay or bisexual person – ask 4 questions above Start Here If yes consider If no move to box below

What do human rights mean to you? ? take a minute to think about this.

What are human rights? A set of rules for governments Based on common values Now set down in law Developed over centuries To respect and protect individuals

Human Rights Based Approach – Best Practice The Human Rights Principles often called the FREDA Principles, are key to everything we do in the NHS – these are enshrined in the NHS Constitution the principles are as follows: F airness R espect E quality D ignity A utonomy Next

Human Rights Principles It is the responsibility of the Board to ensure that the FREDA principles are at the heart of everything the Trust does in accordance with the Human Rights Act 1998 and the NHS Constitution It’s the responsibility of all staff to apply the principles to everything they do Next

Human Rights are Everybody's Business Anybody carrying out functions on behalf of the Trust needs to protect Human Rights e.g. when dealing with the public/clients/patients or commissioning/decommissioning services/producing policies They need to:- – Avoid actions that would lead to a breach of a person's Human Rights – Take active steps to protect a person’s Human Rights Next

What is meant by a proportionate ? In short, a proportionate response to a problem is one that is appropriate and not excessive in the circumstances. Think of it this way – its trying not to crack a walnut with a sledgehammer!! Applying the principle of proportionality is central to considering and respecting human rights in the day-to- day work of NHS organisations. It provides a very important mechanism to ensure that the infringement of rights is kept to a minimum and is always reasonable. Proportionality also allows NHS organisations to balance competing interests, e.g. the rights of individuals with the rights or needs of others (such as patients, staff or the wider community). Certain questions can be asked to help decide if an action is proportionate, such as: – What is left of the person’s rights if we take this action or adopt this policy? – Is there an alternative approach to the problem that is less drastic? Next

Human Rights most relevant to NHS & Social Care Article 2 - Right to life – Do Not Resuscitate Policies, commissioning decisions Article 3 – Right not to be tortured or treated in a inhumane or degrading way – leaving a person is a wet and dirty bed Article 6 – the right to a fair trial – Disciplinary Policies, organisational change policies Article 8 – the right to respect for private and family life, home and correspondence – Information Governance Policies, Interpreting Policies Article 9 – the right to freedom of thought, conscience and religion – Dress Code Policies Article 10 – the right to freedom of expression – Whistleblowing Policies Article 11 – the right to freedom of assembly and association – e.g. joining a union, staff network Article 14 – the right to freedom from discrimination – Equal Opportunities Policies (an only be used in conjunction with another Right and is not stand- alone) Next

Human Rights and Equality Analysis As part of the Equality Analysis and Impact Assessment process all policy decisions taken in the Trust need to be Human Rights Screened e.g. If your planned action/decision will engage an absolute right e.g. the right to life – then you need to reconsider or the Trust will be at risk If your planned action/decision engages a limited right e.g. the right to liberty – then think about the proportionality and either continue or amend what you are planning to do If your planned action/decision engages a qualified right e.g. the right to a family life – then think about the proportionality and either continue or amend what you are planning to do Next

The Fifteen Articles covered by the Human Rights Act 1998: the right to life; the right not to be tortured or treated in an inhuman or degrading way; the right to be free from slavery or forced labour; the right to liberty and security; the right to a fair trial; the right to no punishment without law; the right to respect for private and family life, home and correspondence; the right to freedom of thought, conscience and religion; the right to freedom of expression; the right to freedom of assembly and association; the right to marry and found a family; the right not to be discriminated against in relation to the enjoyment of any of the rights contained in the European Convention; the right to peaceful enjoyment of possessions; the right to education; and the right to free elections. Next