To be Respected
To summarise the right of being respected is how to value and act upon certain individuals, you also need to be able to dignify why you should formally treat them with respect. The word ‘respect’ has a few definitions such as; a feeling of deep admiration for someone or something elicited by their abilities, qualities, or achievements and a due regard for the feelings, wishes, or rights of others. Within this the right to be respected is based on the representation and opinion of how to address a person with formality. Every individual has a right to be respected nonetheless.
To be treated as an Individual
The definition of the word ‘individual’ means singular or separate, or of the particular person. To be treated as an Individual means to be treated separately with their own selves. This could have the idea of ‘reference to preference’. This means that the staff or whomever has authority over the service users’ within the Health and Social care sector needs to refer to their preferable stance or opinion on certain topics within their life. I.e. following their care plan to suit their Individual needs.
To be treated with Dignity
The word dignity defines to the state or quality of being worthy of honour or respect. This is valued highly within Individual Rights and must be used across all platforms with the service users’ within the Health and Social care sector. To treat people with dignity is to respect them in the most valuable way possible – a big part with using dignity within the sector is shown by non-discriminatory remarks and to respect the individual even in negative situations, i.e. when assisting a service user to the toilet. This helps dignify your actions to other people than just to yourself.
To be treated Equally
To be equal is being the same in quality, size, degree or value. Within the noun definition, it is a person or thing that is the same as another in status or quality. To treat everyone with the same equal respect or humane rights in which they are valued to have are often signs of equality. This can mean to separate the social divide between race, religion, gender, sexual orientation or any illnesses or disabilities and to treat them as another human being equally rather than any more superior or inferior than the other.
To be allowed Privacy
A state in which one is not observed or disturbed by other people. This is to allow personal safety and security for the service users’ own confidentiality. Without privacy this could potentially lead the service user into harm. This could be due to the fact that the service user has had a negative past with the privacy boundaries within the Health and Social care sector. For example, the service user could be taking medication but they have been given a higher dosage, a different medication or not enough of their dosage; this then could inflict on being a danger to themselves BUT the privacy issue could be that they are not sharing this information confidentially appropriate to the right people such as the staff. They could be feeling unwell and not tell the staff – this then inflicts on them keeping their illness or negative health state on a down-low. This could then lead even more danger or harm to themselves. Privacy is an issue which can be specific towards one person or which needs to be addressed to more than one person for their own safety. In some circumstances privacy is not an option to have for some cases that involve negative aspects.
To be allowed Choices
An act of choosing between two or more possibilities is a Human right that all humans are entitled to have, even some service users’. The way in which some service users’ will not be able to have a choice will be due to if they are unable to communicate or act upon choosing an option of choice – this then means that their carer or guardian who helps then has to make the decision based off of their knowledge of the person and their emotions on how they react to certain aspects of choice – i.e. food, clothing, and activities.
To be allowed access to information
Service users’ have a right to access their own information about themselves – as long as they have the right frame of mind and awareness to. On some occasions, some service users’ are put down on their demand of request for some information access. For example, a service user that suffers with ill mental health or a mental disability may not be provided their medical notes or information of their history if not deemed in appropriate circumstances. Service users’ have a right to their access of information because they need to be able to still be aware of their current situation – specifically if they are entitled to their individual care. This could be a service user suffering with Coeliac disease who needs to understand how much Gluten their body can uphold – if this is not the case of knowing then they won’t be aware and have a clear understanding of what they need to do to keep themselves healthy and safe.
To be allowed Independence
Every service user that can, should be allowed their own form of independence, whether this is dressing themselves, choosing what to wear, choosing what to eat, going to the toilet alone, staying in their room alone or whatever other independent activity they can do. This is important to maintain and keep up to themselves that can do this as they may feel as if they do not have a space of their own to feel positive within. This could also make the service user feel uncomfortable and trapped which may cause social isolation upon themselves as a result of not being able to have an independence of themselves.
To be Safe and Free from Harm
This defines to be able to live a life freely and securely without any inhumane practises, specifically when talking about the Health and Social care sector. When there is a new resident that comes to live in the residential home, there is no need to make them feel more individual than any other. Each service user should be entitled to be securely looked after when accessing to the services for extra support or help/guidance within their lives. A few examples could include a service user with dementia. If a service user suffers with dementia then they need to have more so of a concerning care when giving them independence. It is safe to keep them within their own room but they may need extra support as CCTV or a carer to support their decisions or choices when making them. This could be as simple as a service user forgetting to turn off a bath which then could over flow and cause more damage than good. Furthermore this could also be concerning to a service user that suffers with mental health issues. If a service user suffers with depression or a psychotic syndrome then they may be more at risk of themselves than others. This could mean they are not trusted with certain objects or specifically not trusted in certain environments if they have small and easy accessible ‘triggers’.
To be involved in their own Care
Each and every service user has their own right to be involved with their own care. Without being involved within their own care this could then lead to them worsening with their personal care and condition. This could be as simple as not being able to perform specific hygiene protocols within themselves or not being able to look after or take their own medication themselves. This can make a service user feel anxious and upset over themselves as they will gain an understanding that they have no ‘rights’ for themselves and that they have no independence as they are ‘worthless’ or not as able as someone else. This is a negative response to the sector work which all users should all be able to access – especially being involved with their own care, no matter what the circumstance is.
Describe how current and relevant legislation protects the rights of service users, using examples
The Equality Act 2010
In the past, discrimination was deemed as a ‘normal’ in everyday life. However, over time certain attitudes have changed and legislation has changed, which has made many discriminatory practises illegal to provide to another person. The Equality Act of 2010 should be presented as a deterrence to ensure discrimination should not occur in everyday life – at least not to some of the circumstances that happen. The definition of discrimination is ‘unjust prejudicial treatment of different people’. Excluding the definition, most service users have differences in appearance or mental/emotional state that as a regular “normal” human, should not have. This does not have to be the case from the service users’ start of life, usually issues occur due to genetics or a slight foreign object causing harm or infection to the body. The Equality Act brings together different pieces of legislation. One of the key changes within this Act is that it adds legal protection in nine different areas; some examples including religion, race, sex, marriage or civil partnership, age, disability, gender and sexual orientation. The Equality Act benefits service users as they are able to live freely and equally just as anyone else can. This act protects the rights of service users in many different circumstances. The public sector Equality Duty came into force across Great Britain on 5th April 2011. This means public bodies have to consider all individuals when carrying out their day-to-day work (1). This protects the rights in service users’ by being able to uphold being able to take legal action if something within their care service is deemed inappropriate. This could be affecting with the discrimination of themselves. Within the service, all users’ are entitled to being respected and being able to be treated as an individual within themselves. This can be deemed inappropriate if a carer within the Health and Social care sector discriminates against their service user. For example, if a residential care home specialises within Dementia and Alzheimer’s then they may discriminate and reject certain other people that want to access their service due to not being specialists within other certain areas. This can be seen to be a more of a positive discrimination and does not need to be reported due to logical circumstances, whereas this can also be negative due to not being able to access a service when in need of extra support and guidance. Overall, the Equality acts as a deterrent against discrimination and protects the rights of service users’ against specific discriminative remarks or acts which then enforces safety, protection or right to challenge this legally. The Equality Act also covers all public service which provides statutory, private and voluntary care.
“The Equality Act 2010 brings together, harmonises and in some respect extends the current equality law. It aims to make it more consistent, clearer and easier to follow in order to make society fairer.”
Government Equalities Office 2010
1) https://www.gov.uk/guidance/equality-act-2010-guidance https://www.scie.org.uk/publications/guides/guide15/legislation/otherlegislation/equalityact.asp
Human Rights Act 1998
Human Rights are the rights that we all freely possess – it is believed to belong to every person, no matter what negative forms they have within their life experience. The Human Rights Act gives certain rights to which a person can have during their lifetime, this involves certain rights such as Article 2 – having the right to life or Article 12 – having the right to marry and found a family. There are many rights which maintain the freedom of life, but if these are forbidden and mistrusted then this can be reported and may consider being withheld to inhuman treatment or decency. This can be referred to under Article 3 – the right not to be tortured or treated in an inhuman or degrading way. If this is possessed by a person then this may be considered as abuse or potential to be a more of a worse crime, such as murder or harassment. The act has three main effects in which maintains human dignity; you can seek justice in British court, public bodies must respect your rights and new laws are compatible with Convention rights. (2) Human Rights are not just for people who regress into negative combat or whom have mistreated, the rights are for everyone within the life forms amongst us as humans which enforces the legal rules and rights of protection for us all. This can also be involved with itself of British Values – the rule of law. No one is above the law, laws protect everyone and we all remain innocent until proven guilty – the Human Rights Act actually enforces this upon the protection agency which helps maintain the peace and legal standard of life. To reference Human Rights upon the Health and Social care sector there are many examples in which can prove that Human Rights are attainable. For example, all Humans have a right to life. If a service user who suffers paralysis or brain damage cannot perceive or explain that they want to have a life or the exact opposite then the service can keep them alive until guardians or peers such as family members’ state otherwise. Every human is allowed a right to their own life, even if they cannot freely use it to their expectation. A carer or worker who denies this can guarantee to be reported for potential Euthanasia – which is illegal in most countries/states, or assisted suicide, in which is also found illegal, even when the sufferer consents. If this process is illegal or a decision that is not approached appropriately then this leads into a crime which suffers and doubts the Article.
Mental Health Act 1983
The Mental Health Act is a piece of legislation which tells people with unstable mental health and illness what their rights are, this regards: assessment and treatment in hospital, treatment in community and pathways into hospital. Most of the time, some service users’ are used as voluntary patients. A voluntary patient usually makes the decision to go into hospital or a community service. Whereas some patients are often regarded as formal patients. Formal patients usually are taken in without agreement. If you are a formal patient then you can lose most of your Human rights which is important to know so you can live as safe and as free as possible. The right to lead a social life outside may be taken away from the patient if regarded in a negative sense that they cannot provide a clear and harm-free life opportunity. The Mental Health act does not usually involve service users’ with disabilities or physical changes or abnormalities, this act is specific to help out service users’ with mental ill health or mental issues. There are many services which provide care and support for people that suffer with their mental ability; such as: CAMHS, Early Intervention Service and other NHS services – even Charities like MIND can help progress with support and guidance. But this doesn’t mean that some patients suffer negative feedback from being in within services. For example, if a service user suffers with dissociative mental health disorder and they cannot perceive their reality or are acting out which may cause harm to themselves or others around them, then the Mental Health Act can insist for them to be sedated or detained without their own will for this. In some circumstances some workers of this service tend to use more violent approaches and can actually harm their service user. In some reports from this abuse of mentally ill patients by NHS staff ‘jumps by 88% in two years’. (3) This causes a negative stance and stigma on the services which some staff do not have any knowledge of. In this case the Mental Health act legalises and protects the service users’ to stop the more individual cases from occurring. Although these issues can still happen, overall the system tries their best ultimately to protect and safeguard their patients – specifically following the Mental Health Act.