Guidance on a Human

Rights-based Approach in
Health and Social Care Services
EQUALITY
RESPECT

DIGNITY

AUTONOMY
FAIRNESS
This guidance has been Contents
developed by HIQA
in conjunction with About this guidance
Safeguarding Ireland, 04 – 06
and was part-funded by
the Irish Human Rights An overview of
and Equality Commission. human rights
07 – 10

The FREDA principles –

Human rights in practice
11 – 13
1. Fairness
14 – 22

2. Respect
24 – 30

3. Equality
32 – 37

4. Dignity
38 – 44

5. Autonomy
46 – 54
Extended case studies
55 – 61

Resource 1:
Key human rights relevant to health
and social care services and how
they link to the FREDA principles
62 – 67

Resource 2:
Decision-making flow chart
68 – 69

Resource 3:
Useful contacts and further reading
70 – 73
About this guidance This guidance has been informed by a thorough review of
evidence and extensive engagement with stakeholders. It is
written primarily for all staff working in health and social care
The purpose of this guidance is services, but will also be useful for people using services, their
to promote a human rights-based families, carers, friends and advocates.
approach to care and support for
adults in health and social care services. We recognise that health and social care staff encounter complex
situations in practice, where many factors need to be considered;
Care and support refers to the help some adults need in order for example an individual’s will and preferences and their right
to live the best life they can, despite any illness or disability to autonomy versus the risk of harm from a particular decision.
they might have. A human rights-based approach to care and In some situations there may be competing human rights, and
support seeks to ensure that the human rights of people using staff need to consider the applicability and weighting of each right
services are protected, promoted and supported by staff and within that situation and their duty of care to ensure safety and
services. The attitudes of staff and the language they use when fairness for all people using services.
working with people who use the service they work in are crucial
to implementing this kind of approach. By using a human rights- This guidance is intended for all health and social care services,
based approach, service providers will improve the quality of care to assist staff and organisations to uphold human rights in their
and support, quality of life, and safety of people who use health practice. A human rights-based approach is an important pillar of
and social care services. all health and social care, which should run in parallel with other
statutory and regulatory frameworks that staff are required to
A number of national standards developed by the Health follow. The guidance will also support staff and organisations to
Information and Quality Authority (HIQA) make high-level comply with their Public Sector Equality and Human Rights Duty
reference to a human rights-based approach to care and support, in respect of Section 42 of the Irish Human Rights and Equality
with emphasis placed on protecting and promoting people’s Commission Act 2014.1
rights and respecting their autonomy, privacy, dignity, values,
preferences and diversity. Reports from the State regulators (HIQA
and the Mental Health Commission) have identified that health
and social care practitioners and organisations can find it difficult
to translate human rights principles into day-to-day practice and
service delivery. This guidance is designed to support staff and
organisations in understanding a human rights-based approach
to care and support, and implementing the principles of human
1
 he Public Sector Equality and Human Rights Duty places a statutory obligation on
T
public bodies to eliminate discrimination, promote equality of opportunity and protect
rights in their work. the human rights of both those they provide services to and staff when carrying out
their daily work.

4 5
Resources are included at the end of this document to provide An overview of human rights
additional support to staff and organisations in understanding and
upholding the human rights of people using services: 1 . What are human rights?

Human rights are the basic rights and freedoms that all people
Resource 1 provides a description of key human rights
should enjoy; including people using services and staff. Human
that are relevant to health and social care services.
rights are about people being treated with fairness, respect,
Resource 2 provides a decision-making aid equality and dignity; having a say over their lives and participating
that uses a human rights-based approach. as fully as possible in decisions about their care and support.
There is a duty on the State and on health and social care
Resource 3 provides useful contacts and providers to uphold the human rights of people using services and
links for staff with further information in staff.
relation to human rights.
2. Who has human rights?

We are all born with human rights regardless of who we are,

where we are from or any other status or characteristics. Although
our ability to exercise our rights can sometimes be limited or
restricted when the law allows, our rights cannot be taken away
from us.

3. Why are human rights relevant to your work?

In recent years there has been an increasing focus on human

rights, autonomous decision-making, empowerment and choice
in health and social care policy and practice. This has highlighted
the importance of moving away from a paternalistic approach to
care and support towards embedding human rights into service
provision and organisational culture. This section sets out some
of the main reasons why a human rights-based approach is
important to your work in a health and or social care setting.

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It supports you to provide person-centred care and support It is your professional obligation

Implementing a human rights-based approach will help to Respect for human rights is implicit within national standards,
support you and your team in delivering person-centred care for example National Standards for Safer Better Healthcare
and support. Person-centred care and support places individuals (2012) as well as other national standards developed by HIQA
using services, and their rights, at the centre of all that the for older people’s, disability and maternity services, and adult
service does. Human rights are therefore not ‘new’ or extra to safeguarding. Respect for human rights is also implicit within
your work in health and social care services. the codes and guides of conduct and ethics of different health
and social care staff including doctors, social workers, nurses,
Using a human rights-based approach will help you and your social care workers and allied health professionals. A human
team to make decisions in relation to areas of care and support rights-based approach ensures your ability to protect the human
such as staffing levels, provision of treatment, physical restraint, rights of people using the service you work in. It also promotes
personal care, end-of-life decisions, privacy of personal professional accountability within the service. If you observe a
information, and decisions which affect the day-to-day lives of human rights violation, you have an obligation to report this.
people who use the service you work in. Human rights should
not be viewed in any way as a risk, threat or burden to the It is the law
provision of care and support. A human-rights based approach
will support you and your team to work in partnership with A human rights-based approach to care and support is
all parties involved in a person’s care and support. Upholding underpinned by a legal framework and human rights treaties
human rights can also support you in building relationships with which states have agreed to uphold. This legal framework
the people who use the services you work in. places a responsibility on health and social care providers at an
organisational and individual practitioner level to uphold the
human rights of people using their services.

Legal sources of human rights and equality obligations are

found in:

▪▪ the Irish Constitution 1937

▪▪ the European Convention on Human Rights Act 2003

▪▪ the Charter of Fundamental Rights of the European Union 2000

▪▪ the Equal Status Acts 2000-2015

▪▪ the Irish Human Rights and Equality Commission Act 2014.

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Importantly, there have also been recent changes to Irish law The FREDA principles – Human rights
which relate to a human rights-based approach to care and in practice
support, including:
Although human rights exist in law, it can be useful to think of
▪▪ the ratification of international treaties that have evolved
them in your day-to-day work in the context of principles. Based
from the Universal Declaration of Human Rights, including
on our review of the literature on human rights-based approaches
the United Nations Convention on the Rights of Persons
to care, we have used the FREDA principles2 for the purpose of this
with Disabilities (UNCRPD) 2006, which was ratified in
guidance, as FREDA is an internationally recognised framework
Ireland in 2018
through which human rights can be considered.
▪▪ the introduction of the Assisted Decision-Making (Capacity)
Act 2015. These five principles are:

Fairness
Resource 1 at the back of this guidance describes the key
human rights set out in the European Convention on Human
Rights Act 2003 and the United Nations Convention on the
Rights of Persons with Disabilities 2006. This document
focuses on these two conventions as they are the most
often cited and applicable to health and social
care services. However, Ireland is a signatory
Autonomy Respect
to a number of international human rights
treaties, which are all of importance
in international human rights law. See
Resource 1 for a link to additional resources
on these treaties.

Dignity Equality

2
 he FREDA principles are outlined in Curtice M, Exworthy T. FREDA: a human
T
rights-based approach to healthcare. The Psychiatrist. 2010;34(150-156).

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The FREDA principles are the basics of good care and form part The resources at the end of this booklet are provided as tools to
of what health and social care practitioners already do on a daily help you understand human rights, how a human rights-based
basis. While it is useful to understand and consider each principle approach can support you to make decisions in your work and
individually (as demonstrated in this guidance), it is important to who you can contact if you need further information or have
recognise that the five principles are interdependent and often concerns about a person using the service you work in.
overlap. Therefore examples presented under one principle
may also be relevant to other principles. Where this is the case,
examples are provided in the context of the relevant principles.

Under each FREDA principle you will find:

▪▪ a brief explanation of the principle

▪▪ the article(s) from the European Convention on Human Rights

Act 2003 and the United Nations Convention on the Rights of
Persons with Disabilities 2006 (ratified in 2018) most relevant
to that principle

▪▪ examples of how you can support and promote the principle

in your work

▪▪ short case studies of the principle in practice.

The examples of supporting and promoting the principles in

your work can also help you reflect on whether or not you are
upholding a person’s human rights in your day-to-day work.

The case studies aim to provide context by showing you what the
principles look like in practice in a health and social care setting. In
addition to the short case studies under each principle, there are
three extended case studies following the description of the five
FREDA principles that illustrate situations where all five principles
are applied.

12 13
1
Fairness
Fairness means ensuring that when a decision is made with a
person using a service about their care and support, that the
person is at the centre of the decision-making process. The
In a health or social care setting, fairness can relate to decisions
being made about a person’s care and treatment. It can also relate
to the process of raising and resolving concerns or complaints,
or conducting a risk assessment. Fairness is linked with the core
values of equality and autonomy, and with ensuring that the
decision-making process is just, free from discrimination and that
the person is at the centre of the decision-making process.

How this principle links to legislation

European Convention on
United Nations Convention
on the Rights of Persons
person’s views are sought, listened to and weighed alongside Human Rights:
with Disabilities:
other factors relevant to the decision. It is important that decisions
▪▪ Article 3 ▪▪ Article 5
are made in a way that is clear and fair, to allow others to know
how they might be treated in similar circumstances. If a decision ▪▪ Article 5 ▪▪ Article 12
interferes with a person’s human rights, this must be legally ▪▪ Article 6 ▪▪ Article 13
justified, proportionate and only taken when all other alternatives
▪▪ Article 8 ▪▪ Article 21
have been considered.
▪▪ Article 10
▪▪ Article 14

14 15
 Fairness

1.1 How can I uphold fairness in my day-to-day work?3 Seeking consent

Providing relevant information ▪▪ When seeking consent, I ensure that both I and the person
I am seeking consent from are actively involved in this
▪▪ I recognise that people who use the service I work in have
process. I fully explain the risks and benefits of proposed
the right to receive information in a format and medium
and alternative options in a format they can understand.
appropriate to their communication needs and preferences.
I encourage the person to ask questions and I check their
▪▪ I recognise that people who use the service have the right understanding throughout this process.5
to receive information about their own needs, condition, ▪▪ During this process, I ensure that the person knows they have
treatment and care provider in a format they can understand a choice and they can give or withhold their consent freely
and in a timely manner. They also have the right to decide and without pressure.
how much information, if any, they wish to receive.
▪▪ Where decision-making with a person is no longer possible,
▪▪ I recognise that people who use the service may need I consult with the relevant decision supporter under the
assistance and support to access information and to Assisted Decision-Making (Capacity) Act 2015. If there is no
communicate their will and preferences4 through a variety such decision supporter,6 I may consult the person’s family,
of mediums. friends or independent advocate and consider any written
▪▪ I provide people with accessible and tailored information on documentation or any other record (for example, an advance
their treatment options, care providers and condition so that healthcare directive)7 to discover the person’s past and
they can make independent and informed choices. present will and preferences.

▪▪ I provide people with information on their human rights and

I encourage them to fulfil their rights.

5
In all cases,‘seeking consent’ refers to the granting of permission or agreement for
an intervention, receipt or use of a service, or participation in research following
a process of communication in which the person using the service has received
sufficient information to enable them to understand the nature, potential risks and
benefits of the proposed intervention or service.
6
 decision supporter is a person with legal authority to make personal welfare
A
decisions under a decision-making support arrangement under the Assisted Decision-
Making (Capacity) Act 2015.

3
 his is not an exhaustive list but provides an indication of how fairness can be
T
7
 n advance healthcare directive is an advance expression made by a person with
A
supported and promoted. capacity in accordance with the requirements of the Assisted Decision-Making
(Capacity) Act 2015 of the person’s will and preferences concerning healthcare
4
A person’s ‘will and preferences’ are their wishes, views, beliefs and values. treatment decisions that may arise if she or he subsequently lacks capacity.

16 17
 Fairness

Facilitating access to and protecting personal Supporting a person to provide feedback to a service
information
▪▪ I facilitate a supportive, open and transparent environment
▪▪ I facilitate people to access information about their care that encourages people who use the service I work in, or their
and support. family members, carers, friends or advocates, to provide
feedback. This includes raising concerns, making a complaint
▪▪ I facilitate people to access their own personal information. and or giving compliments.
▪▪ I adhere to the person’s wishes in relation to what I tell ▪▪ I actively seek feedback on my work from people I am
their family. providing care and support to.
▪▪ I recognise that all medical records and other information ▪▪ I fully explain to people how they can make a complaint
recorded about a person are confidential, and I ensure that and work to reduce the fear of negative consequences from
any potential disclosure I make of this information respects making a complaint.
their right to a private life and is in line with legislation.
▪▪ I facilitate people who make a complaint to access support
▪▪ I always seek a person’s consent before sharing their personal services, such as independent advocacy services.
information. I tell the person whose information I am sharing
▪▪ Where possible, I follow up on behalf of the person making
why I am sharing it and who I will share it with. I only share
a complaint and ensure that the complaint is responded to
the person’s personal information without their consent when
promptly, openly and effectively.
I am concerned about the safety of any person and where it is
in line with legislation to do so. Supporting a person to make an advance
healthcare directive
Ensuring participation during risk assessment8
▪▪ I facilitate and support a person in the creation of an advance
▪▪ I ensure that when a risk assessment is necessary that there healthcare directive, in line with their wishes.
are clear and consistent processes in place and that this
assessment is carried out in consultation with the person, ▪▪ I adhere to the Assisted Decision-Making (Capacity) Act 2015
taking their views into account. to ensure a person’s advance healthcare directive is respected,
and their will and preferences guide their treatment when they
no longer have the capacity9 to make certain decisions for
themselves.

9
‘Capacity’ throughout this document means decision-making capacity. A person’s
decision-making capacity is assessed on the basis of their ability to understand, at
8
 isk assessment is defined by the Health Service Executive (HSE) as the overall
R the time that a decision is made, the nature and consequences of the decision, in
process of risk identification, risk analysis and risk evaluation. the context of the available choices at that time.

18 19
 Fairness

Minimising restrictive practices 1.2 Fairness in practice

▪▪ I recognise what restrictive practices are10 and I uphold my The following examples illustrate situations where the principle of
duty of care to promote a restraint-free environment in the fairness has been upheld and not upheld.
service I work in.

▪▪ I understand that a restrictive practice should only be Marie is detained under the Mental Health Act 2001 in a
approved when there is a real and substantive risk to a person mental health setting. Staff caring for Marie provide her
and the risk to the person of not using this practice outweighs with full information on her rights, including her right
the risk of using it. to legal representation, a second independent medical
review and an independent review of her detention by a
▪▪ Where it is deemed that a restrictive practice is required, I mental health tribunal. Staff go through this information
recognise that this should be regularly reviewed. with Marie and ensure her understanding. Staff facilitate
Marie’s access to these options. Providing this information
Participating in decisions
and support enables Marie to challenge any issue in
relation to her detention. It also ensures that staff fulfil

FAIRNESS IS UPHELD
▪▪ All decisions should be made with a person in a way that
is fair, open, timely and impartial. I ensure that the person their duty by ensuring people using their services are not
is supported, as far as is practicable, to make the decision unlawfully detained.
in question and is given adequate time and support to
Liz has an intellectual disability and lived at home with
do so. The person is given the opportunity to be
her father until his death. As there were concerns that Liz
heard and is central to the decision-making
might not be able to live independently, she was placed
process.
in a residential centre. Liz was unhappy in the residential
centre and expressed her wish to live independently in
Resource 2 at the back of this guidance
the community. Her support team worked with her to put
provides a decision-making aid that uses a
a support plan in place. Liz took part in all discussions
human rights-based approach.
about her options and managing risks. She was provided
with all the relevant information and training she needed
to ensure she understood the choices available to her and
could actively participate in the decision-making process
regarding her care. After extensive work with Liz, she was
supported by staff to move back into the community 12
months later. She now lives independently and receives
10
 estrictive practices are practices which intentionally or unintentionally limit a
R
person’s movement, communication and or behaviour.
six hours of support per week.

20 21
Fairness

Jack has an intellectual disability and lives at home with

his parents. Jack’s parents control his finances as they
believe he is not capable of managing his own money.
Jack attends a day centre during the week and has told
staff that he would like to manage his own money. Staff
are aware that Jack has never been supported to learn
the skills of managing his own money. They feel he has
the right to choose how he spends his own money and is
capable of doing so with training and support. However,
they also feel that Jack’s parents know best and do not
interfere with their wishes. Both the staff and Jack’s parents
have prevented Jack from managing his own money
FAIRNESS IS NOT UPHELD

without legal justification. By making this decision without

consulting him, the day care staff and Jack’s parents have
failed to uphold the principle of fairness.

In an acute healthcare setting, Eamon was recently given

a terminal diagnosis. During the appointment, he was
informed of his future care pathway but did not receive
any additional information on his diagnosis, care plan
or alternative care pathways to consider. It took Eamon
a number of days to process his diagnosis. Eamon now
has many questions about his future care and alternative
treatments but does not know where to go to find this
information. Eamon was not provided with all of the
relevant information relating to his diagnosis and
treatment options, and was not provided with a
subsequent appointment at which he could follow up
with any questions and request more information.
Eamon was therefore not supported to make his own
informed and independent choice regarding his care
pathway. In doing this, the healthcare professional made
the treatment decision for Eamon and failed to uphold the
principle of fairness.
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2
In health and social care settings, respect is shown in the
actions towards a person by others and can be demonstrated by
communicating in a courteous manner. This helps people feel
valued through taking time to get to know them as a person and
not as a number or a ‘condition’.

Respect is central to providing person-centred care and support.

People who use services must be listened to, and what is
important to them must be viewed as important to the service.
The principle of respect must be upheld regardless of a person’s
impairment or loss of capacity. Upholding the principle of
respect also means that another person nominated by the person
themselves, such as a family member, friend, or independent
Respect advocate is valued and listened to.

How this principle links to legislation

Respect is the objective, unbiased consideration and regard for
the rights, values, beliefs and property of other people. Respect
United Nations Convention
applies to the person as well as their value systems. European Convention on
on the Rights of Persons
Human Rights:
with Disabilities:
▪▪ Article 1, Protocol 1 ▪▪ Article 17
▪▪ Article 3 ▪▪ Article 19
▪▪ Article 8 ▪▪ Article 21
▪▪ Article 9 ▪▪ Article 22
▪▪ Article 23

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 Respect
Respect

2.1 How can I uphold respect in my day-to-day work?11 ▪▪ I ensure the person’s care and support reflects the goals that
are unique to the person and that are meaningful to them. A
Day-to-day communication person’s goals should not be dependent on available resources.
▪▪ When meeting a person using the service I work in for the ▪▪ I ensure that a person’s care and support focuses on what is
first time, I take the time to introduce myself properly in order important to them, how they want to live and what support
to connect with the person from the start. I ensure that the they want to achieve their goals. I recognise that their goals
person understands what my role is. should be reviewed regularly and reflect their up-to-date will
and preferences. This is reflected in planning their care and
▪▪ I take the time to listen to the person, and to understand them
support.
as an individual without judgment.

▪▪ I ensure that the person has all the available information Supporting relationships
necessary to make a decision about their care and support
▪▪ I take time to get to know the person and their preferred
and has had their questions answered in a way they can
lifestyle.
understand. I check the person’s understanding throughout
this process. This may require the support of an interpreter or ▪▪ I support the person and respect their wishes concerning
independent advocate if requested or needed by the person. maintaining and developing personal relationships with
family and others. I do this with due regard for the person’s
▪▪ When providing information to a person, I consider their
own safety.
preferences and their background as they describe these
to me; for example previous life experience, educational
Supporting the achievement of human rights
attainment, literacy, culture and religious beliefs.

▪▪ I avoid using technical language to describe the person’s ▪▪ I promote the person’s right to access appropriate services.
condition or care. Instead, I use the person’s own words and ▪▪ I support a person to realise all of their rights, including the
terms they can understand, in a format they can understand. right to decide where and how they wish to live, the right to
have intimate relationships, to marry and to have a family.
Person-centred care and support
▪▪ I know who to ask for advice or support within the service I
▪▪ I respect the person as the expert on their own life and support work in if I observe or am concerned that a person’s human
them to be involved in planning their care and support as much rights are not being upheld. I also know where to look for
as possible. information and support outside of the service I work in.

11
 his is not an exhaustive list but provides an indication of how respect can be
T
supported and promoted.

26 27
Respect
Respect

2.2 Respect in practice

Resource 3 at the back of this guidance The following examples illustrate situations where the principle of
provides useful contacts if you are respect has been upheld and not upheld.
concerned that a person’s human rights are
not being upheld.
Liam is a new resident in a residential centre for older
people, where he has chosen to live. When he meets a
new member of staff, they introduce themselves to him.
Respecting property and personal information The staff learn about Liam’s background, including his
love of painting. When staff speak to Liam, they always
▪▪ I respect the property and possessions of the people using the
address him by his first name as he has requested. They
service I work in and ensure that they are able to access their
ask Liam if there is anything else that would help him
possessions and property as required or requested.
settle into the centre. Liam asks for photos of his family

RESPECT IS UPHELD
▪▪ I respect the privacy of a person’s personal information and and for his paintings to be displayed around his room.
medical records in line with data protection legislation. I share The staff support Liam in picking out and displaying the
information only where there is a legal basis to do so. photos and paintings he would like to keep in his room.
Staff have taken the time to get to know Liam and his
Participating in developing and evaluating services preferences and have respected his request for access to
his possessions.
▪▪ I encourage people to participate in the planning, design,
delivery and evaluation of the service when the opportunity Claire has an intellectual disability and lives in the
arises, and I recognise that their preferences should be community. She is attending a vocational education
reflected in the decisions that are made. centre. She wishes to travel on her own by bus to her
▪▪ If there are any changes in the service, I recognise that it is education centre each day. Claire’s circle of support,
important to consult with the people who use the service and which includes her parents and support worker, recognise
to take their views and preferences into consideration. that this is important to her. They listen to her and do
not judge her because of her disability. They respect
her personal preference and look at how they can best
facilitate her choice.

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Respect
Respect

Eleanor has a physical disability and is supported to live

independently at home. Following a recent hospitalisation
with pneumonia, Eleanor was discharged from hospital
into a rehabilitation centre without any consultation with
her or her family. A person-centred approach was not
applied when planning her care; she did not have the
opportunity to participate in the planning of her care and
RESPECT IS NOT UPHELD

her personal preferences were not taken into account.

Eleanor does not know how long she will be in the
rehabilitation centre. She is worried that when she returns
home she will not receive the same level of care with the
same people who had been supporting her previously.

Martha lives in a residential centre for older people and

shares a room with another resident. Martha would like
to keep her possessions and clothes in her own room
but there is not enough space. Martha’s possessions and
clothes are kept in a storage room down the hall and staff
choose Martha’s clothes for her. Martha cannot access
her possessions when she wishes. She would like to be
able to personalise her room and choose her own clothes
every day but she is not supported by staff to do so.
Martha’s right to access her possessions and property as
desired was not upheld.

30 31
3
Equality
Equality means people having equal opportunities and being
treated no less favourably than other people on the grounds
set out in legislation. In an Irish context, these grounds are:
Equality in health and social care is about ensuring that no one
is discriminated against because of their status or characteristics.
Discrimination occurs when someone is treated in a different way
to someone else in a similar situation, or where people in very
different situations are treated the same. Equity in health and
social care means recognising that some people using services,
because of their needs or circumstances, require additional help
and support to achieve the best possible outcome. Providers have
a duty of care to ensure fairness and equity for all people using
services. A human rights-based approach strives to ensure that
all people using services achieve the best possible outcome from
the care and support they receive, regardless of their status or
characteristics.

How this principle links to legislation

European Convention on
United Nations Convention
on the Rights of Persons
age; civil status; disability; family status; gender; membership Human Rights:
with Disabilities:
of the Traveller community; race, colour or nationality; religion
▪▪ Article 14 ▪▪ Article 3
or sexual orientation.
▪▪ Article 5
▪▪ Article 12
▪▪ Article 25

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 Equality
Respect

3.1 How can I uphold equality in my day-to-day work?12 gender; membership of the Traveller community; race,
colour or nationality; religion, or sexual orientation.
Communicating respectfully
Promoting participation in society
▪▪ I communicate respectfully with all people using the service
I work in and ensure that each person is provided with ▪▪ I take effective and appropriate steps to facilitate and
information in a format and medium that is tailored to their promote a person’s full inclusion and participation in society,
needs and preferences regardless of who they are or their for example supporting them in their right to vote, have
communication ability. relationships, and participate in and have valued roles within
political, religious, social, cultural and self-help or advocacy
Providing quality care and support for all organisations.
▪▪ I support people who use the service I work in to get the care
Encouraging equality and a human rights-friendly service
and support they need regardless of their age; civil status;
disability; family status; gender; membership of the Traveller ▪▪ I recognise the importance of there being a culture of
community; race, colour or nationality; religion and sexual equality within the service I work in, where all people receive
orientation. The quality of care and support I provide is the equitable care and support so that they can achieve the best
same for everyone. possible outcomes.
▪▪ Where people have more complex and varying needs, I do ▪▪ I am aware that there should be no blanket policies,
everything I can to meet these needs so as to ensure they can conditions or rules in place in the service I work in that can
achieve the same outcomes as others. I do this, for example, negatively impact people’s human rights, for example their
by ensuring longer appointments are provided when right to liberty.
necessary and possible, relevant information is accessible to
everyone, and everyone has information about and access Facilitating access to representation
to relevant population health screening programmes, for
example BreastCheck. ▪▪ I support the right of people to access legal representation of
their choice when requested or needed.
Presuming and supporting capacity
▪▪ I support the right of people to access independent advocacy
▪▪ I recognise that I must always presume that a person has representation of their choice when requested or needed.
capacity and that I never judge a person’s decision-making
ability based on age; civil status; disability, family status;

12
 his is not an exhaustive list but provides an indication of how equality can be
T
supported and promoted.

34 35
 Equality
Respect

3.2 Equality in practice

The following examples illustrate situations where the principle of

equality has been upheld and not upheld.

Sharon is an adult with an intellectual disability and wishes to Sam is in his 90s and is living in an older person’s
have a sexual relationship with her boyfriend. Sharon’s support residential centre. He likes to be able to walk down to
workers recognise Sharon’s right to a private and family life, the local shops and pub. In the centre, there is a policy
including her sexual and reproductive rights. Due to previous in place to keep the front door locked in case residents
conversations with Sharon about personal relationships, with cognitive impairments leave the centre unattended.
they have concerns about Sharon’s capacity in relation to this Sam does not have a cognitive impairment and this

EQUALITY IS NOT UPHELD

decision and they want to make sure that she understands the blanket policy impacts on his right to liberty. Sam is being
EQUALITY IS UPHELD

decision she is making. With Sharon’s agreement they conduct

discriminated against and is frustrated that he has to ask
a capacity assessment in relation to her choice to have a sexual
for permission each time he wishes to go outside.
relationship. Sharon demonstrates her capacity to make this
decision as she shows a clear understanding of personal and English is not Nadia’s first language and she often chooses
sexual relationships. She also understands the risks involved,
to bring her friend, who speaks fluent English, with her
including sexually transmitted infections and pregnancy, and is
to healthcare appointments to interpret and ensure she
aware of various methods of contraception and how to access
does not miss any important details. On one occasion,
them if she chooses. She can clearly distinguish between
relationships that are abusive and non-abusive. Sharon knows Nadia had a hospital outpatient appointment. However, her
that staff are there for her if she needs their support or if she friend was not available to attend the appointment with
has any questions. By supporting Sharon in her decision, staff her. Nadia phoned ahead to ask for an interpreter for the
have taken the appropriate steps to ensure her right to respect appointment but was told by the clinic secretary that this
for private and family life is upheld and to ensure she is not would not be possible. Nadia felt discriminated against
discriminated against because of her disability. and that no attempt was made to access an interpreter for
her. As a result of not having an interpreter, Nadia did not
Annan is a Hindu. He is receiving care in an acute setting. understand everything that was discussed with her and her
Annan’s condition has deteriorated and staff inform Annan’s ability to make an informed decision was compromised.
family that he is dying. Staff are aware of Annan’s beliefs and
discuss with his family how they can respect these beliefs.
Just before death, Annan’s family inform staff that he must be
removed from his bed to the floor in keeping with his beliefs.
Staff uphold the principle of equality and ensure Annan’s
religious beliefs are facilitated and respected.

36 37
4
Dignity is central to the idea of human rights and all human
rights are connected to human dignity. When human dignity is
upheld in health and social care settings, it supports people using
services to feel safe and improves their outcomes. It also improves
working relationships and can result in positive outcomes
for staff. Lack of dignity is a common theme in examples of
abuse and neglect in health and social care settings, including
malnutrition and dehydration; physical, psychological or sexual
abuse; ignoring calls for help; unchanged bed sheets; not feeding
people properly; pressure ulcers; poor personal care; being
made to wear incontinence wear when unnecessary; restrictive
practices; and bullying, patronising and condescending attitudes.
A lack of dignity can result in feelings of insecurity, guilt, shame,
worthlessness, anger, frustration, lack of confidence, inadequacy
and reduced motivation. It can also result in reduced quality of

Dignity care and support and decreased satisfaction among staff.

How this principle links to legislation

Dignity means treating people with compassion and in a way
that values them as human beings and supports their self-respect,
United Nations Convention
even if their wishes are not known at the time. European Convention on
on the Rights of Persons
Human Rights:
with Disabilities:
▪▪ Article 3 ▪▪ Article 3
▪▪ Article 5 ▪▪ Article 15
▪▪ Article 8 ▪▪ Article 16
▪▪ Article 17
▪▪ Article 22

38 39
 Dignity
Respect

4.1 How can I uphold dignity in my day-to-day work?13 ▪▪ I avoid rushing a task so as not to impact their privacy
and dignity.
Meeting basic needs
Communicating sensitively
▪▪ I ensure people using the service I work in have their basic
needs met, for example food, clothing and personal care ▪▪ I address and refer to people who use the service I work in by
(including assisting with oral and dental care), and that they their preferred name and gender pronoun.
feel safe, comfortable, valued and respected.
▪▪ I communicate with people in a way that acknowledges and
▪▪ I ensure that they have access to appropriate food and respects their individuality, dignity and personal identity. I
hydration so that they do not suffer from malnutrition or do this whether or not the person is able to communicate
dehydration. I ensure that food and drink is always within a verbally. If a person is unable to communicate verbally, I
person’s reach and offer assistance if support is required to work with the person and others who know them, as well
eat or drink. as with other team members, to understand the best way
to communicate with them. I strive to make sure that they
▪▪ I ensure that people are not neglected or treated in any way understand me and that I understand them.
that is likely to cause harm. For example, I make sure that no
one is left in a soiled state. ▪▪ I take care not to patronise or be condescending towards a
person regardless of their age or any other status.
Maintaining privacy
▪▪ I ensure that a person’s dignity is maintained at all times even
▪▪ I make sure to respect the privacy of people when supporting if they are unconscious, and unable to communicate.
them to undress, bathe and dress.
Supporting a person’s preferred lifestyle
▪▪ I discuss a person’s health and care in a private setting or,
in a situation where there is no private space available, ▪▪ I always enquire about a person’s preferred lifestyle,
I make all efforts to ensure their privacy; for example including routines, pets, personal care, clothing preferences,
lowering my voice or moving closer to the person so as not religious and cultural preferences, and facilitate their lifestyle
to be overheard by others. as much as possible. This can be something as simple as
providing preferred food options during mealtimes. Where a
▪▪ I make sure to properly cover a person during a physical person’s preferred lifestyle is not easily known, I consult with
examination or when I am assisting them with their others who know them to ascertain their past and present
intimate care. preferences.

13
 his is not an exhaustive list but provides an indication of how dignity can be
T
supported and promoted.

40 41
Dignity
Respect

Minimising restrictive practices 4.2 Dignity in practice

▪▪ I ensure that a person is supported to move around freely. The following examples illustrate situations where the principle of
For example, I ensure that a person is not confined to a bed dignity has been upheld and not upheld.
or chair when this is unnecessary.
Fiona is pregnant and has started to experience
depression. She has been referred to a midwife with
mental health expertise in her local maternity hospital.
Fiona does not want others finding out about her
depression. The mental health midwife ensures that her
privacy is respected at all times. When Fiona is called for
her appointment, although the room is a few minutes

DIGNITY IS UPHELD
walk from the waiting area, the midwife ensures they are
in the consultation room and cannot be overheard before
they begin talking.

Graham has an intellectual disability and is on an end-

of-life pathway with a terminal illness. He is receiving
care in his own home. Graham is weak and has difficulty
swallowing. Staff ensure that Graham is supported to eat
and drink. Staff have upheld his dignity by ensuring these
basic needs are met. Staff have taken time to get to know
Graham and they learn that his favourite drink is whiskey
and coke. On the occasions when he requests it, Graham
is supported to have his favourite drink with thickener.
Staff have also upheld Graham’s dignity by taking the
time to get to know him and facilitating his preferences.

42 43
Dignity
Respect

Daniel has difficulties communicating verbally and is

admitted to hospital with complications associated with
his diabetes. The healthcare practitioners do not speak
to Daniel about what care they are providing to him
or what interventions are being carried out, because
he cannot communicate verbally. In addition, staff do
not assess whether Daniel can understand them and if
there are other ways to communicate with him. Daniel
DIGNITY IS NOT UPHELD

is not provided with additional support to help him to

communicate with staff and therefore is not involved in
any decisions regarding his care.

Rebecca is an 80-year-old woman with severe arthritis.

She lives in a residential centre. Rebecca needs support
to get out of bed and is often told to relax and to have
her breakfast in bed. Rebecca knows this is because
there is not enough staff to help her to the dining room.
Rebecca’s preference, however, is to get out of bed and to
have her meals in the dining room with other residents.
On one occasion, low staffing levels in the centre led to
Rebecca not being facilitated to leave her bed for an entire
day. Rebecca was told they could not get her out of bed
because of staff shortages and was given an incontinence
pad to wear. She becomes very upset as she is able to use
toilet facilities with assistance and feels her dignity has
been compromised.

44 45
5
In a health and social care setting, people may require different
levels of support to assert their autonomy and make their own
decisions. This means staff have a key role in this process. The
ability to be autonomous, and make decisions, can and must be
supported and developed. Respecting and supporting autonomy is
important in health and social care as it is a fundamental aspect of
person-centred care and support.

Respecting a person’s autonomy in health and social care involves

meaningful communication. It is important to recognise that it can
also involve negotiation and compromise when a person’s will
and preferences impact on the rights, care and safety of others.
A person’s autonomy may also be impacted when there is a legal
Autonomy basis for it not to be upheld.

How this principle links to legislation

Autonomy is the ability of a person to direct how they live on
a day-to-day basis according to personal values, beliefs and
preferences. In a health and social care setting, autonomy United Nations Convention
European Convention on
involves the person using a service making informed on the Rights of Persons
Human Rights:
decisions about their care, support or treatment. with Disabilities:
▪▪ Article 3 ▪▪ Article 3
▪▪ Article 5 ▪▪ Article 12
▪▪ Article 8 ▪▪ Article 14
▪▪ Article 19

46 47
 Autonomy
Respect

5.1 How can I uphold autonomy in my day-to-day work?14 Supporting capacity and responding accordingly

Seeking consent ▪▪ I always presume a person has capacity and work to fully
support them to make a decision for themselves.
▪▪ I make sure that I communicate clearly and effectively with
▪▪ I recognise that I cannot presume that a person lacks capacity
the person using the service I work in. I use language or other
in relation to a certain matter or decision on the basis that the
means of communication that they can understand and
decision they make seems unwise to me.
do not use medical or social care jargon. I always support the
person in their decision-making process in relation to their ▪▪ If a person has been assessed15 as lacking capacity under the
care and support. Assisted Decision-Making (Capacity) Act 2015 in relation to
a certain matter or decision and if an intervention is urgent
▪▪ I make sure that the person is provided with adequate and
and it is unlikely that the person will recover capacity to
relevant information about their care and support options,
make a decision in the short term, I ensure that any action
including the advantages and disadvantages of each option,
I take is proportionate to the seriousness of the issue at
to ensure they can make a fully-informed decision.
hand and minimises any restrictions to their human rights.
Understanding and respecting a person’s will In addition, I make every effort possible to ensure that their
and preferences past and present will and preferences have been determined.
This includes considering the views of any person named
▪▪ I make sure that I understand and regularly review the will by the person themselves, whether a family member, a
and preferences of a person to ensure that I can promote and friend, or independent advocate, and consider any written
support their autonomy when assisting in or supporting their documentation or any other record (such as an advance
decision-making process. healthcare directive) and ensure that any decision made takes
these into account.
▪▪ In order to make sure a person’s autonomy is upheld, I support
their choice in relation to care and support, regardless of
whether or not I believe it is the right decision. I understand
that a person has the right to make a decision that may appear
to me to be unwise.

▪▪ I ask for advice or support if I observe or am concerned about 15

 he functional test is a time specific and issue specific test, set out in the Assisted
T
undue influence on a person’s decision-making. Decision-Making (Capacity) Act 2015, for the assessment of a person’s capacity
where concern exists. A person is determined to lack capacity to make a decision
if they are unable to understand the information relevant to the decision, retain that
information long enough to make a voluntary choice, use or weigh that information
14
 his is not an exhaustive list but provides an indication of how autonomy can be
T as part of the process of making the decision and communicate his or her decision in
supported and promoted. whatever way they communicate.

48 49
Autonomy
Respect

▪▪ I recognise that capacity is time and issue specific. Although Supporting independent living
a person might have been assessed as not having capacity to
make a decision at a particular moment in time, I understand ▪▪ I make sure that I support people as much as possible to
that when it is relevant and possible for me to do so, I should maintain or develop their ability to live independently and
make sure that their capacity is reviewed and that changes are develop the skills necessary for community living.
made accordingly.

▪▪ I recognise that, where capacity is assessed as limited, the

person should be supported to increase capacity to make
an informed decision or reduce a restriction through skills
development, in line with their preferences.

Minimising restrictive practices

▪▪ I always explore options other than restrictive practices when

a person displays behaviour that challenges, or behaviour
that is disruptive. I also make sure that when a restrictive
practice is used, it is proportionate to the behaviour it is being
used to restrict; is the least restrictive option; is applied for
the shortest possible time; and is subject to a timely review. I
understand that this is also an opportunity to trial alternatives
that are less restrictive and or for a shorter period of time.

Supporting participation

▪▪ I encourage the participation of people in the assessment,

planning, delivery and evaluation of their care and support
as much as possible and as much as the person wishes. I
recognise that a person’s wishes to engage may change over
time and where a person chooses not to engage, I regularly
review their interest to re-engage.

50 51
 Autonomy
Respect

5.2 Autonomy in practice

The following examples illustrate situations where the principle

of autonomy has been upheld and not upheld.

Jane has a physical disability and had been living in a Kieran had a stroke a number of years ago and is being
residential centre. However, she wished to live at home. cared for in a residential centre. Since then, he has
Following discussion and assessment, her support team had difficulty swallowing and communicating verbally.
in the residential centre felt that this was not ideal, as Medical advice was to introduce percutaneous endoscopic

AUTONOMY IS UPHELD
she was considered to be a person with high needs. Jane gastrostomy (PEG) feeding, where he would be fed
AUTONOMY IS UPHELD

and the team discussed this and she understood and through a tube into his stomach. All information relating
agreed that she would not receive the same level of care to Kieran’s treatment options were explained to him in an
at home that she would have in the residential centre. accessible way over a six-month period. He was facilitated
Jane’s wishes were respected and she was supported to to ask questions and express his choice of treatment
take a measured risk. This was not about discharging Jane throughout this time. Kieran fully understood all of his
from the service, but about supporting her to transition options. He did not want PEG feeding to be introduced
from the residential centre and continuing to provide her as he felt it would impact on his enjoyment of the social
with care in a different setting. Staff supported Jane in aspect of eating and mealtimes. As a result, the procedure
exercising her autonomy by understanding and respecting did not go ahead. Instead, staff in the residential centre
her will and preferences and supporting her to live arranged extra support for him when he was eating.
independently. Staff communicate with Jane on a regular Through correctly seeking consent and supporting Kieran
basis to make sure that her new living situation is working to make a fully informed decision regarding his preference
well for her and identify any additional supports that she for eating, staff have upheld his autonomy.
may need.

52 53
Autonomy
Respect

Richard is an inpatient in an acute setting; he is suffering

from complications associated with Parkinson’s disease.
Richard likes to eat quickly and on more than one
occasion he has nearly choked on his meal. Staff assessed
Richard’s situation and prescribed for his food to be cut
up. Richard was not consulted regarding this decision. He
was not provided with information in the right format to
ensure his understanding of the process and he was not
consulted with regarding the next steps in his care plan.
Richard does not want his food to be cut up and wishes
AUTONOMY IS NOT UPHELD

he had been involved in the decision-making process and

supported to participate in the planning of his care.

John has severe heart failure and is currently in hospital

with shortness of breath. He is aware of the seriousness
of his condition and has no problems understanding the
information he is given by the staff. He tells his daughter
that he does not wish to receive cardiopulmonary
resuscitation (CPR) or ventilation in the event of a cardiac
arrest. John’s daughter informs staff of his decision.
However, staff do not record this in John’s notes. No
healthcare professional discussed resuscitation and
future options with John in the event of a cardiac arrest
and he did not receive any information about making
an advance healthcare directive. A few days later, John
experiences a cardiac event and all attempts are made
to resuscitate him. Staff on duty are unaware of John’s
wishes on resuscitation and do not consult with his family
to determine what his will and preferences are. As no Extended
efforts were made to ascertain and record John’s past will
and preferences, the principle of autonomy has not been
case studies
upheld.

54 55
 JIM Jim has told Patrick that he would like
Respect Fairness
is upheld. Patrick his wife to be kept up-to-date about the
is upheld. Patrick
Jim has dementia and takes the time to follows Jim’s care he is receiving. With Jim’s consent,
lives in a residential centre for introduce himself wishes in relation Patrick meets with Jim’s wife at regular
properly to Jim to sharing intervals to keep her informed about Jim’s
older people. Patrick, a nurse, has information about
when they first care. Patrick also views these meetings as
recently started work in the centre. meet and he his care. Patrick
opportunities to get feedback from Jim’s
speaks to him in a welcomes feedback
On his first day, Patrick introduces himself on the care wife about the care and support provided
way that Jim can
to Jim and greets him warmly. He sits with understand. and support he to Jim.
provides to Jim.
Jim and asks him how he is. He speaks
slowly to Jim and uses simple language. By spending time with Jim, Patrick begins
Throughout his first week at the centre,
Autonomy to understand him more – learning about
is upheld. Patrick Equality his history, what works for him, what has
Patrick familiarises himself with Jim’s makes every effort is upheld. It is
notes; reading about the hobbies Jim important to not worked for him, and what triggers
to determine Jim’s
once engaged in, his family and his views understand the certain emotions. Jim’s notes reveal that
individual needs
and beliefs. Patrick is aware of various and preferences. impact that treating he enjoys company and Patrick works to
He also talks Jim the same as understand how to interact with him on
techniques which could be used in order to everyone else
make Jim as comfortable as possible, such
to Jim’s family a level he feels comfortable with. Patrick
and friends and would have on him.
as reminiscence therapy and art therapy. initially engaged with Jim as he would
listens to their Patrick understands
Patrick speaks to Jim’s family and friends that this could with any other person using the service,
suggestions based
and listens to their opinions on the various lead to indirect in terms of making conversation. However,
on their personal
interventions that may help him. knowledge of Jim. discrimination. this had put a lot of strain on Jim. Every
subsequent interaction Patrick has with
Patrick wants to build a relationship Jim involves him being present and
Dignity caring, but not necessarily vocal. Jim likes
with Jim but this can be challenging as is upheld
Jim frequently becomes confused and throughout Jim’s
art and once a week Patrick arranges an
angry. This occurred on one occasion care pathway. outing with him to a local art gallery. When
when Patrick assisted Jim in changing his Patrick does communicating with Jim, Patrick makes
clothes and Jim became frustrated with the
not rush tasks remarks rather than asking Jim questions,
that affect Jim’s placing no onus on Jim to answer him or
process. Although Patrick was under time personal privacy.
pressure, he respected Jim’s frustrations engage with him if he would prefer not to.
He communicates
and gave him time before trying again. with Jim in a way
These short interactions allow Patrick to
Patrick ensures Jim’s privacy is protected that respects Jim’s build a more trusting relationship with Jim.
when performing intimate care tasks such individuality and
personal needs and
as supporting Jim to bathe and dress.
preferences.

56 57
 CLAUDIA Claudia wanted to make a complaint about
Respect Fairness
was not upheld. was upheld in not receiving the letter as she felt that her
Claudia is in her late 50s Claudia’s nurse that Claudia was health had potentially been put at risk.
and has a physical disability. She did not provide supported in However, Claudia did not know how to do
adequate answers making a complaint this as there was no information available
lives in a residential care centre. to her questions by her care in the centre. She asked for assistance
She recently saw an advertisement and did not worker. The centre
from Fiona, who helped her write a letter
on TV about BreastCheck and provide her with manager upheld
information on the fairness by making of complaint to the centre manager. The
wondered why she had not yet options available efforts to rectify the centre manager sent a letter of apology to
received a letter regarding this. to her. She was situation by putting Claudia, explaining what had happened
not supported to proper procedures to her letter from BreastCheck and stating
Claudia asked the nurse on duty why access and realise in place. that all efforts would be made to ensure
she had not received a letter and even her rights.
she received a date for her screening
though the nurse did not know, she did Autonomy appointment as soon as possible. Claudia
not follow up on Claudia’s query. Claudia was upheld. was also reassured that procedures
found it upsetting that her query was not Dignity Claudia was would be put in place to prevent this from
was not upheld. supported
taken seriously and spoke to her support happening to anyone in the centre again.
Claudia was not throughout the
worker, Fiona, about her concerns. Fiona taken seriously by process by her
found out that the centre had received the nurse. support worker
the letter but had discarded it. Claudia who ensured
arranged an appointment with the resident her will and
GP to discuss the matter. At Claudia’s Equality preferences are
request, Fiona accompanied Claudia to her was not upheld as central to it.
appointment. Claudia’s care did
not promote equity
of outcomes.
Claudia explained what had happened and
It is important
although her GP did not know how or why that her will
this had happened, he explained to Claudia and preferences
how she could access the screening are respected
programme and provided her with written in the same
information about it. Claudia was glad she way as others,
regardless of her
had visited the GP as she felt she had been
characteristics or
listened to and taken seriously. status.

58 59
 MARK James ensures he follows the necessary
Dignity
was upheld. He guidelines for good practice in seeking
Mark is an 80-year-old was communicated consent to treatment. He explains to Mark
adult with hearing loss living in with in a way that the benefits and risks of the proposed
acknowledged his surgery and the consequences of not
a nursing home. Over the past personal identity having surgery. He explains the procedure
number of years, Mark’s sight has and individuality.
using simple language and avoids complex
deteriorated and he is now legally However, by not
closing the curtain medical terminology where possible. He
blind. Mark’s wife died a number of fully, his physical asks Mark how he would like to receive
years ago and he does not have any privacy was the information. As Mark has difficulties
children. He is close to his niece, compromised. with his sight and hearing, he is provided
Marie, who visits him regularly. The all relevant written information about the
Fairness procedure in large bold print which he is
resident GP comes to see Mark, as was upheld as there able to read. Mark is fully informed and
he is experiencing severe abdominal was a clear and fair
actively involved in the process. James
pain and vomiting. His GP sends him Respect process in place
governing informed encourages him to ask questions and he
to the emergency department for was upheld. Mark
consent and Mark checks Mark’s understanding throughout
was provided with
further tests, and Mark is diagnosed information about was provided the discussion. He gives Mark time to
with appendicitis. his condition and with accessible reflect on the information and to think of
treatment, and information in a further questions to ask.
had his questions format of his choice
The plan is to proceed with surgery to
answered in a way on his treatment
remove Mark’s appendix. Mark’s doctor, options. Mark Mark is anxious about the surgery and
he understands.
James, meets with him in his six-bed was supported to has a number of questions. Mark’s doctor
Mark’s doctor
ward when Marie is visiting him. James showed respect participate in the spends time answering these questions
introduces himself and asks Mark if he in addressing his decision-making clearly, which eases his fears. Mark gives
would like anyone to be with him when hearing loss by process. his consent to undergo surgery for his
he receives information about his surgery. moving closer to appendicitis. James is aware that Mark
Mark says that he would like his niece to speak with him. Mark’s
came to this decision by himself.
stay with him when discussing his care. autonomy
Equality was upheld
James closes the curtains halfway around
was upheld throughout this
his bed. He knows that Mark has difficulty process, resulting
when Mark’s will
hearing and therefore moves closer to in him making an
and preferences
speak with Mark explaining that he will were respected informed decision
need surgery. regardless of his to consent to
characteristics or surgery freely and
status. without duress.

60 61
Resource 1: Key human rights
relevant to health and social
care services and how they
link to the FREDA principles

This resource describes key human rights set out in the European Right to liberty and security
Convention on Human Rights Act (ECHR) 2003 and the United
Nations Convention on the Rights of Persons with Disabilities This relates to Article 5 of the ECHR and Article 14 of the UNCRPD.
(UNCRPD) 2006 which are relevant to health and social care. This means that a person’s liberty may not be interfered with
without the legal power to do so based on a capacity assessment
Right to life or risk of immediate harm to self or others.

This relates to Article 2 of the ECHR and Article 10 of the UNCRPD. Right to a fair trial and access to justice
This means that health and social care services will fulfil their
obligation to protect the right to life and to refrain from unlawfully This relates to Article 6 of the ECHR and Article 13 of the UNCRPD.
interfering with the right to life. It covers situations where a This covers all aspects of procedural fairness. It is relevant when
person’s life may be at risk and decisions are being made to other rights, such as the right to liberty or the right to respect
withdraw life-sustaining treatments or not to resuscitate a person. for private life, are at issue. It includes the right to participate
It can also relate to a person experiencing suicidal thoughts or effectively in proceedings and in some cases a public hearing, and
posing a risk to other people’s lives. the right to legal representation.

Prohibition of and freedom from torture or inhuman or Right to respect for private and family life
degrading treatment or punishment
This relates to Article 8 of the ECHR and Articles 19, 22 and 23 of
This relates to Article 3 of the ECHR and Articles 15 and 16 of the the UNCRPD. Private life can be interpreted to include personal
UNCRPD. This is relevant where a person is at risk of serious harm choices, relationships, physical and mental wellbeing and access
including where a person is neglected or cared for in a way that to personal information. It includes confidentiality and privacy
causes serious harm, suffering or humiliation. It can be relevant of medical information. It also relates to supporting a person to
where someone receives continuing treatment that causes serious communicate and participate in community life.
harm and suffering or where a person’s need for pain relief is not
assessed and responded to.

62 63
Resource 1: Key human rights
relevant to health and social
care services and how they
link to the FREDA principles

Right to freedom of thought, conscience, religion, characteristics, or where people with very different characteristics
expression and opinion are treated the same. This can lead to unequal outcomes. In an
Irish context, prohibition of discrimination also relates to the Equal
This relates to Articles 9 and 10 of the ECHR and Articles 3 and 21 Status Acts 2000-2015. The grounds for discrimination set out in
of the UNCRPD. This right protects everyone’s right to freedom of the Equal Status Acts 2000-2015 are narrower than those set out in
thought, conscience, religion, expression and opinion. It includes the ECHR.
the right of people to put thoughts and beliefs into action either
alone or in a community with others. Both religious and non- Protection of property
religious beliefs are protected, as is the right to change religion
or belief. For a belief to be protected, it must be serious, concern This relates to Article 1 of Protocol 1 of the ECHR and Article 12
important aspects of human life or behaviour, be sincerely held, of the UNCRPD. A person is entitled to the peaceful enjoyment of
and be worthy of respect in a democratic society. This right also their possessions. Possessions and property have a wide meaning,
relates to the freedom to seek, receive and impart information including land, houses, leases, money and personal property.
and ideas on an equal basis with others and through all forms of A person’s property or possessions and the way they use them
communication of a person’s choice. cannot be interfered with, except in the public interest and when
subject to the conditions provided for by law.
Prohibition of discrimination

This relates to Article 14 of the ECHR and Articles 3, 5,17 and 25 Ireland is a signatory to a number of international human
of the UNCRPD. This can relate to situations where a person is rights treaties, which are all of importance in international
denied access to services or treatment on any ground such as sex, human rights law. For further information:
race, colour, language, religion, political or other opinion, national [Link]
origin, association with a national minority, property, birth or
other status. It also relates to people being treated differently
to others under comparable circumstances on account of their

64 65
Linking the European Convention on Human
Rights Act 2003 and the United Nations Equality
Convention on the Rights of Persons with
ECHR: UNCRPD:
Disabilities 2006 to the FREDA principles
Article 14: prohibition of Article 3: general principles
discrimination
Article 5: equality and
non-discrimination
Fairness Article 23: respect for home
and the family

ECHR: UNCRPD: Article 25: health

Article 3: prohibition of torture Article 5: equality and

non-discrimination
Article 5: right to liberty and Dignity
security Article 12: equal recognition
before the law
Article 6: right to a fair trial ECHR: UNCRPD:
Article 13: access to justice
Article 8: right to respect for Article 3: prohibition of torture Article 3: general principles
private and family life Article 21: freedom of expression
and opinion, and Article 5: right to liberty and Article 15: freedom from torture
Article 10: freedom of expression access to information security or cruel, inhuman or
Article 14: prohibition of degrading treatment
Article 8: right to respect for or punishment
discrimination private and family life
Article 16: freedom from
exploitation, violence
and abuse
Article 17: protecting the integrity
Respect of the person
Article 22: respect for privacy
ECHR: UNCRPD: Autonomy
Article 3: prohibition of torture Article 17: protecting the integrity
of the person ECHR: UNCRPD:
Article 8: right to respect for
private and family life Article 19: living independently Article 3: prohibition of torture Article 3: general principles
and being included in
Article 9: freedom of thought, the community Article 5: right to liberty and Article 12: equal recognition
conscience and security before the law
religion Article 21: freedom of expression
and opinion, and Article 8: right to respect for Article 14: liberty and security of
Article 1, access to information private and family life the person
Protocol 1: protection of property
Article 22: respect for privacy Article 19: living independently
and being included in
Article 23: respect for home and the community
the family

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Resource 2: Decision-making
flow chart16 4. Will the decision affect anyone’s rights as set out
in the ECHR Act 2003?
Bill’s consultant considers which of Bill’s rights are impacted in
this situation. Discharging Bill will support his personal choices,
This flow chart is a helpful tool for staff when making decisions relationships and mental wellbeing. It will uphold the FREDA principle
of Respect, in addition to Article 8 (the right to respect for private and
in relation to a person’s care. The case study below relates family life), and Article 5 (the right to liberty) of the ECHR. However,
specifically to a situation that can arise in services for end-of-life discharging Bill may lead to him not receiving appropriate care, such
as pain relief. This could impact on the FREDA principle of Dignity,
care, but the process is adaptable across settings.
and Article 3 (prohibition of torture) of the ECHR.

1. What is the decision?

Bill is on an end-of-life pathway and wishes to be discharged from 5. If the decision involves a human rights restriction,
hospital to return home to die, against medical advice. is it lawful, legitimate and proportionate?
Bill’s decision to leave may impact on his rights. Therefore the
following test must be applied: there must be law or policy that
allows the restriction of the rights and there must be legitimate
2. W
 ho is affected and how? reason for restricting the right and the restriction must be absolutely
necessary. Bill’s consultant is legally obliged to respect Bill’s wishes
Bill is directly affected. If he were to remain in hospital against his even though he feels it is an unwise decision. It is Bill’s wish to return
wishes, he would have less control in his final stage of life. Bill’s home and avail of community palliative care.
family are affected by the decision. Bill’s consultant who will be
discharging Bill is also affected by this decision.

6. If the decision involves a human rights restriction,

3. Who has made the decision? is it lawful, legitimate and necessary?
Bill’s consultant explores with him the palliative care and other
Bill’s consultant knows that this is Bill’s decision to make, but he supports available to him at home. He ensures and documents that
is concerned Bill will not receive adequate physical care and pain Bill has all of the available information necessary to make a decision
management at home. about his care and support, in a way he can understand, and has
had his questions answered in a way he can understand. With Bill’s
permission, he refers Bill to the palliative care and other supports in
the community.
16
 his flow chart was developed by the British Institute of Human Rights and has been
T
adapted for an Irish context with permission.

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Resource 3: Useful contacts
and further reading

HSE ‘Your Service Your Say’ Health Information and Quality Authority (HIQA)
Tel: 045 880 429 or lo-call: 1890 424 555. Concerns About Services, Health Information and Quality
Email: yoursay@[Link] Authority, George’s Court, George’s Lane, Smithfield, Dublin 7
Homepage: [Link]/services/hse-complaints-and-feedback/ Tel: 021 240 9646.
[Link] Email: concerns@[Link]
Homepage: [Link]
HSE Office of the Confidential Recipient
Tel: 087 665 7269 or lo-call: 1890 100 014. Irish Human Rights and Equality Commission
Email: [Link]@[Link] Your Rights, Irish Human Rights and Equality Commission,
Homepage: [Link]/services/hse-complaints-and-feedback/ 16-22 Green St., Dublin 7
report-a-concern-about-a-vulnerable-adult-in-care-to-the- Tel: 01 858 3000 or lo-call: 1890 245 545.
[Link] Email: YourRights@[Link]
Homepage: [Link]
HSE National Safeguarding Office
Tel: 061 46 1165 (9.00am – 5.00pm Monday to Friday) or Office of the Ombudsman
HSE Information Line: 1850 24 1850 18 Lower Leeson Street, Dublin 2, D02 HE97.
(8.00am to 8.00pm Monday to Saturday) Tel: 01 639 5600 or lo-call: 1890 223 030.
Email: [Link]@[Link] Email: info@[Link]
Local HSE Adult Safeguarding and Protection Team: Homepage: [Link]
[Link]/safeguarding

Safeguarding Ireland
Tel: 061 461 358.
Email: info@[Link]
Homepage: [Link]

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Resource 3: Useful contacts
and further reading

This section lists a series of published resources that may be

useful for staff working in health and social care services. This
list is not exhaustive and does not include all the resources that
may be relevant to all staff. Staff should seek and identify the best
available, and most current evidence relevant to their work.

Published documents Key legislation

National Consent Policy ‘Hello my name is…’ Checklist European Convention on United Nations Convention
Health Service Executive, 2019 for Implementation Human Rights Act 2003 on the Rights of Persons with
Health Service Executive, 2016 Disabilities 2006
Homepage:
Homepage: [Link] Homepage: [Link] [Link] Homepage: [Link]

Supporting People’s Guidance for Designated The Equal Status Acts Assisted Decision-Making
Autonomy: A Guidance Centres: Risk Management 2000-2015 (Capacity) Act 2015
Document Health Information and Quality
Health Information and Quality Authority, 2014 Homepage: Homepage:
Authority, 2016 [Link] [Link]
Homepage: [Link]
Homepage: [Link] The Irish Human Rights and The Charter of Fundamental
Equality Commission Act 2014 Rights of the European Union
Guidance on promoting a Guidance on promoting a
care environment that is free care environment that is free Homepage: Homepage:
from restrictive practice: from restrictive practice: [Link] [Link]
Disability Services Older People’s Services
Health Information and Quality Health Information and Quality
Authority, 2016 Authority, 2016

Homepage: [Link] Homepage: [Link]

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Guidance on a
human rights-based
approach to care and
support in health and
social care services.
Supporting you to implement
national standards
Health Information and Quality Authority
Dublin Regional Office
George’s Court, George’s Lane
Smithfield, Dublin 7
D07 E98Y

T: +353 (0) 1 814 7400

E: info@[Link]
W: [Link]

© Health Information and Quality Authority 2019