Hendon MP ANDREW DISMORE casts new light on how the much derided Human Rights Act can actually benefit NHS patients.
Parliament's Human Rights Select Committee (which I chair) has recently published a major report, The Human Rights of Older People in Healthcare.
Many people think human rights are only for criminals. This report proves the opposite. The statue of Justice at the Old Bailey, scales in one hand, sword in the other, symbolises the strength of our legal system, including the Human Rights Act: it reflects the rights and duties of us all, whoever we are. Unfortunately, only unpopular cases get reported - and are usually mis-described. Human rights have become a scapegoat, to explain unpopular decisions.
So that's why I believe our report on the care of the elderly was so important - it shows how the Human Rights Act can be a real force for improvement. We acknowledge excellent practice, with dedicated staff providing wonderful care to extremely frail and vulnerable people: but 21 per cent of care homes still don't meet the basic standards.
A field trip to Barnet was part of our inquiry. I was really impressed by the care at Edgware Hospital.
Good healthcare must be delivered with dignity, respect and due regard to privacy. These are the human rights of every patient. It's not just the NHS's job to treat people like this - it's also the patients' right to it. So why don't hospitals tell you this, when you arrive?
We see signs all over public buildings - not just hospital receptions - 'Our staff have the right to your respect'. Why don't these signs also say 'and you patients, the right to respect from us', or better still the other way round - the 'customer' in NHS business speak should come first!
Patients' human rights also empower staff to demand changes to bad practice or ask for the resources they need, giving real ammunition to their arguments: it's not just their job to care for patients with dignity and respect - it's also the patients' right.
The importance of the elderly's human rights has been put into sharp focus by the recent House of Lords court ruling, that private care homes - 90 per cent of the total - are excluded from the Act.
Campaign groups for the elderly are demanding they be brought in - they recognise the protection the Act gives: the right to challenge not just poor treatment, but also home closures and unfair evictions of residents. The Government has accepted the point.
So let's strike a proper balance. The Human Rights Act can produce unpopular results. But what is the alternative - rule by tabloid lynch mob? Far better to recognise the Act provides real protection for everyone, especially the most vulnerable, and can act as a forceful driver to change our public services for the better.
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