SCIE Practice guide 09: Dignity in care

Promoting dignity within the law: Introduction

This section was added in February 2008

This is a brief introduction to the legislation which supports the rights of people, adults in the main, to dignity and respect when using health and social care services. It describes the workings of the Human Rights Act 1998 and some key legal provisions in the areas of discrimination, mental capacity, sexual offences, information legislation and health and safety. It also suggests ways in which apparent conflicts between the legal responsibilities placed upon practitioners and commissioners and the human rights of service users may be resolved. The requirements of the legislation promoting dignity in care may seem intimidating but it is important to recognise that many of the principles now enshrined in law embrace current best practice.

Audience

It is aimed at practitioners and commissioners within health and social care in England, but will also be relevant to people using services and their carers. It should be helpful to anyone who wishes to understand the way legislation protects service users’ rights, in particular, their rights to be treated with dignity and their right to autonomy – that is, their right to have their wishes respected.

This guide is at an introductory level, but provides suggestions for further reading and websites for more specific information.

The guide is structured into the following 7 sections.

• Sources of law
• Summary of key legislation
• Background to Dignity in Care and its relationship to Human Rights legislation
• Adhering to Human Rights Law
• Articles of the Human Rights convention relevant to Dignity in Care
• Summary of further legislation that is relevant to providing Dignity in Care
• Further reading and glossary

Next: Sources of law
Previous: Dignity in care within mental health