SCIE Practice guide 09: Dignity in care

Promoting dignity within the law: Relevant articles in the Convention of the Human Rights Act

Article 14: prohibition of discrimination in the ‘enjoyment’ of Convention rights

This is not a freestanding article – it can only be claimed if the discrimination affects an area which falls under another article of the Convention.

The grounds for discrimination are very broad; the article forbids discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Remember the important limit: it can only be invoked when another article of the Convention has been engaged. In effect, it piggybacks on the other articles of the Convention.

There is much potential for litigation in areas where health and social care services are concerned. It is, for example, illegal to discriminate against adults with learning disabilities in connection with any of their Convention rights. This means, for example, that practitioners should with others to examine the quality of provision of public services, including healthcare and housing, for people with learning disabilities and consider their ability to access these services.

Practice points

• Staff should be alert to possibilities of discrimination. They should not automatically limit people’s experience, for example, because of their disability. Any limit on activities should be justified, and those limits kept under review.
• Staff should receive training in how to avoid discrimination and know where to get advice. They should be aware of the services provided by the Equality and Human Rights Commission.

Practice example

Daniel, a disabled person who also has a severe mental health problem, is told he is not going to receive support services which will enable him to remain in the community. He feels this may be because of his mental health problem. The refusal of support services, he argues, is in breach of his Article 8 rights. He additionally claims breach of Article 14. Daniel has the right to ask for an explanation and if he is not satisfied with this he can seek legal advice. The Equality and Human Rights Commission will provide advice if practitioners feel that they are not able to find an easy and independent source of legal expertise to assist in a position such as Daniel’s.

Remember that this is a summary, for details see the full text of the Convention for the Protection
of Human Rights and Fundamental Freedoms.

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