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

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

3. So what are our human rights?
5th September 2018

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

5. 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

6. 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

7. 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

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

9. 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

10. 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

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

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

13. 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

14. 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

15. [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

16. 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

17. Should we have a human right to have human care at the end of life?
5th September 2018

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

19. Twitter: @DrDMacaskill www.scottishcare.org
Dr Donald Macaskill
Tel:
5th September 2018