Introduction to Human Rights The Human Rights Act and Human Rights Based Approaches

What are Human Rights? They are part of what it means to be a human being They belong to everyone, all of the time –not only certain groups at certain times They cannot be ‘given’ to us, only claimed or fulfilled They cannot be ‘taken away’ from us only limited or restricted in some circumstances They reflect our basic needs across different areas of our lives, including: Our physical well-being Our psychological well-being And our social well-being in our families, communities and in wider society

Why are Human Rights important? Human Rights provide a framework for the minimum standards that we should be treated by, and the minimum standard by which we should treat others. They promote equal access to services. They protect from mistreatment, They ensure that we make decisions and behave in a way that is lawful. as NHS employees we have a ‘positive obligation’ to uphold the human rights principles in the way we work.

FREDA: the values underlying the rights listed in the Human Rights Act (Human Rights in Healthcare, 2007)

United Nations Universal Declaration of Human Rights UN Convention on Disability International covenant on civil and political rights International Covenant on Economic, Social and Cultural Rights Council of Europe European Convention of Human Rights UK Government & devolved administrations Human Rights Act (1998) (British Institute of Human Rights, 2008) Where do our human rights come from?

The Human Rights Act (1998) The Human Rights Act (1998) incorporated into UK law most of the rights detailed in the European Convention on Human Rights. The European Convention is the main source of legal human rights protection in the UK. Although its focus is on civil and political rights, because the rights it contains are defined broadly, it has strong significance within the context of health services. The Human Rights Act imposes a direct legal obligation on NHS Trusts to ensure that we respect European Convention rights in all we do.

Articles listed in The Human Rights Act (1998) Article 2: The right to life Article 3: The right not to be tortured or treated in an inhuman or degrading way Article 4: The right to be free from slavery or forced labour Article 5: The right to liberty Article 6: The right to a fair trial Article 7: The right to no punishment without law Article 8: The right to respect for private and family life, home and correspondence Article 9: The right to freedom of thought, conscience and religion Article 10: The right to freedom of expression Article 11: The right to freedom of assembly and association Article 12: The right to marry and found a family Article 14: The right not to be discriminated against in relation to any of the rights contained in the European Convention Protocol 1: The right to peaceful enjoyment of possessions Protocol 2: The right to free elections Protocol 6: Abolition of the death penalty

Human Rights Act: Articles Most Relevant to Healthcare The right to life. The right not to be tortured or treated in an inhuman or degrading way. The right to liberty. The right to respect for private and family life, home and correspondence.

3 Different Types of Human Rights Absolute Rights Cannot be limited or interfered with in any way, by the state, the NHS or any other public authorities or bodies. Non-Absolute Rights – Limited and Qualified Rights

Absolute Rights Article 2: The right to life (is absolute in health care) Article 3: The right not to be tortured or treated in an inhuman or degrading way Article 4 (1) The right to be free from slavery Article 4 (2): The right to be free from forced labour Article 7: No punishment without law

Limited Rights Can be limited in specific and finite circumstances (these are set out in the Articles themselves). Article 5: The right to liberty can be restricted in very limited circumstances. In healthcare, this is most likely to be if a Service User is under a section of the Mental Health Act. Any other restriction of liberty could be unlawful! (Deprivation of Liberty). Article 6: right to a fair trial is also a limited right.

Qualified Rights Can be interfered with…. in pursuit of a legitimate aim (e.g. protecting the rights of others). If it is lawful If it is necessary If it is proportionate

Qualified Rights Article 8: Right to Respect for Private and Family Life Article 9: Freedom of Thought, Conscience and Religion- Both a qualified and an absolute right. Article 10: Freedom of Expression Article 11: Freedom of Assembly and Association Article 12: Right to Marry

Article 8: Limitations Article 8 is one of the most wide-ranging articles of the human rights act Article 8 (2) explains the circumstances in which Article 8 can be limited, including: to protect national security (e.g. breaching confidentiality in therapy to prevent an act of terrorism) to protect public safety (e.g. sharing information through the Multi Agency Public Protection Arrangement; MAPPA) to prevent disorder or crime (e.g. intercepting the post of a detained convicted sexual offender who is trying to contact a previous victim of their abuse or through Multi Agency Risk Assessment Conference; MARAC) to protect health or morals (e.g. using least restrictive restraint to prevent an assault on another service user) or to protect the rights and freedoms of others (e.g. using safeguarding referrals to protect children or vulnerable adults)

A Human Rights Based Approach (HRBA) to Healthcare

The ‘PANEL’ Principles (British Institute of Human Rights, 2013)