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How the Human Rights Act could give a new context to carers’ rights
Too often we hear about the appalling situations that carers face – sometimes left alone to cope with little or no support, with devastating consequences for their own health and lives. New research from Carers UK suggests that carers’ rights may be being neglected by public authorities under the Human Rights Act, and that the Act may be an important recourse for many carers in potentially harmful situations.
We ask Katie Ghose, Director of the British Institute of Human Rights about how the Human Rights Act could work for carers, and what they can do to promote it.
When the Act was introduced, the government said that it would help to make public bodies ‘responsive to human rights considerations’ in relation to everything they do.’ This is especially relevant to carers who rely heavily on public services for funds, practical support and breaks, and whose real needs are often ignored. If organisations take their duties seriously under the Act, they should be thinking about carers’ rights to life and to be free from inhuman or degrading treatment, which can be threatened if they continue to care whilst being seriously ill themselves; and their right to have their own family, social and working life alongside their caring responsibilities.
The law gives carers the power to challenge local councils, hospitals and other public bodies when they fail to respect their basic rights. Under the Human Rights Act, organisations have to look closely at the individual’s specific wishes, needs and circumstances. A human rights approach does not tolerate a ‘one-size fits all’ mentality. So blanket policies, like providing a fixed amount of hours that takes no account of a carer suddenly becoming ill or only providing care at an unhelpful time of day can be challenged. In addition, a human rights approach obliges people to consider and balance the rights of everyone involved. This means that a carer who is struggling, often due to their own health problems, to lift the person they are caring for, should not simply be told that care staff cannot step in, because the workers’ health would then be put at risk. Organisations should weigh up the rights of the different individuals concerned and find creative solutions, perhaps providing two care workers who are strong enough to assist thus relieving the carer of this specific duty.
Carers should see human rights as a practical tool to tackle poor treatment and one that can be used without going to court. Simply explaining, in person or in writing, that their human rights are not being respected can have a powerful effect. You will be reminding someone that their organisation has a legal duty to think about your rights as an individual. And any action they take might even change things for other carers too.
The parents of a learning disabled patient who had arranged short term residential care for their son, became concerned about how staff were treating their son. When they raised the issue with managers in the home, their concerns were dismissed and they were no longer allowed to visit. After receiving human rights training from BIHR they used their son’s right not to suffer inhuman or degrading treatment (Article 3) and their right to respect for family life (Article 8) to challenge the home. The result was that the ban on them visiting was rescinded. This is a great example of how human rights can be used to challenge bad practice without having to go to court.
To find out more about the work of the British Institute of Human Rights please visit their website at www.bihr.org
