Human Rights, Personhood and Palliative/End of Life Care Dr Donald Macaskill Chief Executive, Scottish Care 5th September 2018.

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Presentation transcript:

Human Rights, Personhood and Palliative/End of Life Care Dr Donald Macaskill Chief Executive, Scottish Care 5th September 2018

Human rights and Palliative care What are human rights? Human rights and Palliative care Key considerations and challenges. 5th September 2018

So what are our human rights? 5th September 2018

The Human Rights Framework The International Framework The Regional Framework The Domestic Framework 5th September 2018

What are human rights? ...”recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world” —Preamble to the Universal Declaration of Human Rights,1948 The rights one has by virtue of being human Experience of first half 20th Century- UN Charter, UDHR 1948 5th September 2018

The European Convention on Human Rights Council of Europe The European Convention on Human Rights 1953 (ECHR) The European Court of Human Rights 5th September 2018

Human Rights Act and the Scotland Act Bringing Rights Home- gives further effect to ECHR in domestic law Development of a human rights culture 5th September 2018

Human Rights have at their core the recognition that all human beings have an equal moral worth and inherent dignity. 5th September 2018

Convention Rights are absolute or limited or qualified Rights can be absolute allowing no derogations, e.g. right not to suffer inhuman and degrading treatment Rights can be limited, e.g. right to liberty Rights can be qualified e.g. right to demonstrate 5th September 2018

Absolute, Qualified and Limited rights Article 2 - right to life Article 3- torture inhuman or degrading treatment or punishment Article 5- right to liberty Article 6 - right to a fair and public hearing Article 8- right to respect for private & family life, home & correspondence Article 9- right to respect for freedom of thought, conscience & religion Article 10- right to freedom of expression Article 11- right to freedom of assembly & association Article 14- Non-discrimination Article 1, Protocol 1- right to property 5th September 2018

Human Rights and palliative care – an emerging relationship 5th September 2018

“The destiny of human rights is in the hands of all our citizens in all our communities” Eleanor Roosevelt 5th September 2018

Prague Charter 2013 – a human right to palliative care. Issues for human rights and palliative care Prague Charter 2013 – a human right to palliative care. Pain and failure to treat well - unequal access to drugs. Discrimination of access across the world -60% Unequal treatment of life-limiting and terminal illnesses Age bias 5th September 2018

Prague Charter 2013 – a human right to palliative care. Issues for human rights and palliative care Prague Charter 2013 – a human right to palliative care. Dignity in life and death: a human right To meet our passing with no pain, no mental anguish, no spiritual distress … To be able to look upon our lives as we have lived them, for good or ill, but with clarity and peace of mind. Our right as humans is to have this. Our responsibility as professionals is to fight to bring this to others. 5th September 2018

[Palliative care] has proven value, is a human rights, public health and equalities issue, and the need for it is growing with the ageing population. Strategic Framework for Action on Palliative and End of Life Care 5th September 2018

Issues for human rights and palliative care in Scotland Equality of access Equality across conditions Equality regardless of age Appropriate resourcing and commissioning practice Training and skilling of staff 5th September 2018

Should we have a human right to have human care at the end of life? http://www.scottishcare.org/wp-content/uploads/2018/08/Tech-Rights-Booklet-PROOF.pdf 5th September 2018

Human rights must speak to the way we support people who require palliative care and at end of life 5th September 2018

Twitter: @DrDMacaskill www.scottishcare.org Dr Donald Macaskill Tel: +44 7545 847382 donald.macaskill@scottishcare.org Twitter: @DrDMacaskill www.scottishcare.org 5th September 2018