Do you know about human rights – September 2021

Do you know about your human rights?

Human Rights can mean different things to different people and in different cultures and countries. Human Rights recognise the inherent value of each person, regardless of background, where they live, what they look like, what they think or what they believe. Rights here in the UK are something people expect, so that they can experience an acceptable quality of life.

Human rights are based on the shared values of fairness, respect, equality, dignity and autonomy (the ability to make decisions, big or small that are right for you, your life and your family) and belong to everyone equally. Anyone employed by the NHS and local and national government (Public Officials), have a legal duty to comply with the Human Rights Act, 1998, which is a legal framework for respectful and dignified care.

The Human Rights Act, 1998

Took 16 of the fundamental human rights listed in the European Convention on Human Rights and enshrined them in UK law. The rights most important to healthcare are:

  • Right to Life
  • Right to Inhuman or Degrading Treatment
  • Right to Liberty
  • Right to Private and Family Life
  • Right to Freedom of Thought, Conscience and Religion
  • Right to Enjoy Human Rights without Discrimination

Many people feel wary of anything using the term ‘human rights’ because they have often been portrayed negatively in the media. In reality, it’s a useful tool that contributes to balanced and ethical decision-making in practice and ensures person-centered care.

For patients, carers and the public at large, human rights can be used to hold Public Officials to account, where their care or the way they are being treated is impacting negatively on one or more of the rights.

For healthcare staff, who have to make difficult decisions every day and sometimes challenge the decisions of other professionals, it gives them strong backing to be able to say:

“I’m not sure that we are acting in a rights-respecting way.”

In healthcare we need to be able to park our own moral and ethical values in order to understand that someone else may have a different set of values. That doesn’t make us right and them wrong, it just means that we need to understand our own biases and prejudices and then embrace and support somebody who may have a different perspective.

We are all allowed to make unwise decisions, providing we have made an informed decision, and can demonstrate understanding and balance the pros and cons of each decision.

Five Key Facts about Human Rights

  • 1. Everyone has human rights: patients, those who are important to them and staff
  • 2. Human rights set the minimum standards for care in International, European and UK law
  • 3. The Human Rights Act, 1998, protects 16 rights under UK law
  • 4. Those working in health and care must respect and protect these 16 rights
  • 5. Those who are being cared for can use human rights to talk about their care and treatment