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

2. 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 or
February 24, 2019
Dignity in Care

3. 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

4. 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

5. 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

6. 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

7. 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.
February 24, 2019
Dignity in Care