Tom Loader, Dignity in Care Team DIGNITY and LAW Tom Loader, Dignity in Care Team

SUMMARY OF KEY LEGISLATION The Human Rights Act 1998: 16 Fundamental rights and freedoms in the ECHR Legislation protecting vulnerable people from abuse: Safeguarding Vulnerable Groups Act 2006 Mental health and mental capacity legislation: Mental Capacity Act 2005 Mental Health Act 2007 Anti-discrimination legislation: Many important pieces, for example: Sex Discrimination Act 1975 Race Relations Act 1976 Disability Discrimination Acts 1995, 2005 We distilled that feedback into 10 key areas and developed the 10 point Dignity Challenge. In November 2006, the Minister Ivan Lewis MP, wrote to all senior health and social care managers asking them to take up and promote the dignity challenge in their organisations. We have also now distributed well over 100,000 dignity cards to people wanting to promote the Dignity Challenge locally. Anyone wanting Dignity Cards can either ring 0207 9724007 or email dignityincare@dh.gsi.gov.uk February 24, 2019 Dignity in Care

Human Rights and Older People Three of the Articles are most relevant to Older People Article 2) The right to life. Article 3) The right not to be tortured or treated in an inhuman or degrading way; Article 8) The right to respect for private and family life, home and correspondence; February 24, 2019 Dignity in Care

ARTICLE 2 YOUR RIGHT TO LIFE This right has two aspects to it. Public authorities must: not take away your life, take reasonable steps to protect your life. Some dignity related issues: Autonomy in treatment Dignity in dying February 24, 2019 Dignity in Care

ARTICLE 3 YOUR RIGHT NOT TO BE TREATED IN AN INHUMAN OR DEGRADING WAY Article 3 does not just refer to treatment as extreme as torture. The ban on inhuman or degrading treatment can be very relevant for older people. inhuman treatment means treatment causing severe mental or physical harm degrading treatment means treatment that is grossly humiliating and undignified February 24, 2019 Dignity in Care

ARTICLE 8 THE RIGHT TO RESPECT FOR YOUR PRIVATE AND FAMILY LIFE, HOME AND CORRESPONDENCE The Article is broadly defined and extends to include issues such as: being able to live your personal life as you choose; being able to establish relationships with others as you wish; your physical and mental well-being; being able to access medical treatment; having personal information which is part of your private life kept confidential. February 24, 2019 Dignity in Care

Measuring Dignity Dignity is subjective, so how do we measure it? Metrics tools, National Minimum Standards, If in doubt: The 10 points of the Dignity Challenge, More information on dignity and the law can be found in the resources section of the dignity website. www.dignityincare.org.uk February 24, 2019 Dignity in Care