Older people and poor care: a human rights issue

In this blog Helen Wildbore, Policy and Programmes Manager at the British Institute of Human Rights, shares some key points from her speech to the All-Party Parliamentary Group on Ageing and Older People’s inquiry on human rights on 24th April. Helen shared the platform with Dr Eileen Burns, President of the British Geriatrics Society.

Why is poor care a human rights issue? At the British Institute of Human Rights (BIHR), we work with people at the sharp end of public services and people placed in vulnerable situations, including older people. When things go ‘wrong’ and people receive poor care, their first thought isn’t necessarily their rights.

But human rights can be a powerful tool

Deprivation of liberty safeguards

In March this year, the Supreme Court handed down its judgement on two cases which will have significant impact in determining whether arrangements made for the care and/or treatment of an individual lacking capacity to consent to those arrangements amount to a deprivation of liberty.

Key points of the Supreme Court Judgement: The Court ruled that there is a deprivation of liberty in terms of Article 5 of the European Convention on Human Rights if the person is under continuous supervision and control and is not free to leave, and the person lacks capacity to consent to these arrangements. Whether the person objects to the arrangement or not is irrelevant, as is the ‘relative normality of the placement in the context of the person’s needs.’

Preventing and stopping abuse

Mary Cox, Safeguarding Advisor for Age UK will be speaking at the British Geriatrics Society Autumn conference in November 2013.  Her work involves helping older people, their family, carers, and professionals to prevent and stop abuse.  Her presentation will include narratives that demonstrate the dilemmas of speaking out about abuse and the impact harm has on people’s lives.

Adults suffer abuse when their human or civil rights are breached. The absolute human right ‘not to be tortured or treated in an inhuman or degrading way’ should be promoted by us all and be reflected in the quality of the services we provide.   It is Important that we enable people to have control over their own lives, treat them with dignity, support them to have the best physical and mental health possible, and facilitate their financial security.

European Courts and Old People

Graham Mulley is emeritus professor of elderly care, University of Leeds.

image Gwenaël Piaser

The current issue of Age and Ageing features an original paper on Older Europeans and the European Court of Justice by Israel Doron.  Why should busy geriatricians be interested in legal activities in Europe?

The short answer is that these courts have the potential for championing old people’s human and legal rights.  These courts often judge in favour of elders, yet the number of cases referred is small and is not increasing – despite the greater numbers of elderly citizens.