Dementia Rights

The Charter reflects the standards already set by the United Nations and other international instruments by recognising:

• the need to promote and protect the human rights of all persons with disabilities, including those who require more intensive support
• that persons with disabilities must be guaranteed the fullest possible realisation of their human rights including an opportunity to participate in and contribute to society, and where necessary, with the highest attainable standard of care
• that discrimination against any person on the basis of disability is a violation of the inherent dignity and worth of the human person.

The Charter is also guided by the relevant general principles in the following:

Convention on the Rights of Persons with Disabilities:

• respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons
• non-discrimination
• full and effective participation and inclusion in society
• respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
• equality of opportunity
• accessibility
• equality between men and women.

Adults with Incapacity (Scotland) Act 2000

• benefit the person
• restrict the person’s freedom as little as possible whilst still achieving the desired  benefit
• take account of the person’s past and present wishes (with  appropriate support to assist communication)
• take account of the views of relevant others as far as practical
• encourage the person to use their existing abilities and develop new skills.

The Charter also reflects other legal provisions and in particular the principles of the Mental Health (Care and Treatment) (Scotland) Act 2003, and the Adult Support and Protection (Scotland) Act 2007.