An increasing number of social workers, carers and charity groups are using the Human Rights Act 1998 outside of the courts to challenge unacceptable practice in public services, a report by the British Institute of Human Rights says today.
The report highlights 15 cases where people working in social care and health have taken positive steps to protect service users’ quality of life using the Act.
In one case, staff at a maximum security mental health hospital were challenged over their failure to clean a man who repeatedly soiled himself while in seclusion. An advocate had successfully argued the man had a right not to be treated in an inhuman and degrading way.
Other cases included a social worker who used Human Rights Act arguments to secure new accommodation for a woman and her children at risk of serious harm from a violent ex-partner. In a further instance an advocate secured funding to support an older woman in a care home.
Katie Ghose, director of the British Institute of Human Rights said: “The Human Rights Act is widely seen as something for criminals or celebrities. This report shows another side of the story – how people are quietly using the Human Rights Act to bolster their case for a better service from their local council or another provider.”
Human Rights Act successfully used out of court to improve quality of care services
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