| Human Right | What it means | Examples of relevant issues |
|---|---|---|
| The right not to be treated in an inhuman or degrading way |
Inhuman treatment means treatment causing severe mental or physical suffering Degrading Treatment means treatment that is grossly humiliating or undignified |
Physical or psychological or other types of harm Soiled or unchanged clothing or bedding Leaving food for service users or patients when they are unable to feed themselves Personal care carried out in view of other people |
| The right to respect for private and family life, home and correspondence |
Family life is wider than blood or formal relationships Private life covers things like privacy, personal choices, relationships and participation in community life Home means respect for the home someone has. Not a right to housing. Correspondence means all communication for example like phone calls, letters, email |
Independent living Privacy at home, in a hospital or care home Personal information including financial or medical records Family visits, separation of families and other relationships due to hospital or care home admissions Closure of residential care homes or hospital Staff in care homes, supported accommodation or hospital etc controlling mail, phone calls etc without authority |
| The right to freedom or liberty |
This is not a right of individuals to do what ever they want but a right not to be deprived of liberty in an arbitrary way |
Informal detention in hospital of people who lack capacity to consent to admission Delays in discharging people detained under mental health legislation Excessive, arbitrary and inappropriate use of restraint in health and social care settings |
| The right to a fair trial |
This does not just apply to criminal proceedings but to a broad range of areas where an individuals civil rights or responsibilities are decided upon. It includes an individual’s right to:
|
The complaints procedures of public bodies Compensation claims Appeal procedures in social security, mental health care and treatment tribunals |
| The right not to be discriminated against |
Discrimination can be direct or indirect. This right does not apply on its own. An individual can only use the human rights act to argue discrimination if another human right is breached. However, the right not to be discriminated may have been breached under other legislation such as the Disability Discrimination Act 1995 |
Access to medical treatment or community care services, based on age, disability, gender or ethnic origin etc Information or options presented in inaccessible ways Failing to offer food to take account of cultural differences such as kosher or halal foods |
| The right to life |
Public authorities must take steps to protect an individual’s life, in almost all circumstances, and must not take away a persons life except in very limited circumstances. For example, when lawfully defending someone from violence. This protection requires that there should be an official investigation into deaths resulting from the states failure to protect life or use of force. The right to life is a fundamental right but this does not mean that there is a right to medical treatment in all circumstances. |
Do not resuscitate orders placed by medical staff because they consider the patients life to be of low quality. This could be a breach of human rights Refusal of life saving treatment Advance directives Deaths caused by negligence Local Authorities failing to act to protect an adult who is at series risk of harm |
Dementia Rights
Charter of Rights for People with Dementia
and their Carers in Scotland
Standards of Care for Dementia in Scotland
The Scottish Government have produced Standards of Care for Dementia in Scotland. The standards are based on the Scottish Parliament's Cross Party Group on Alzheimer's Charter of rights for people with dementia and their carers and also what people with dementia have said is important to them.
The contents of the Standards of Care for Dementia will be tested and consulted on over the next six months, before final consideration of their formal adoption.
Download
If you prefer to read the Charter in print or offline.
Charter of Rights for People with Dementia and their Carers (pdf)
Charter of Rights for People with Dementia and their Carers (doc)
Contact
For queries about the Charter please contact: Jan Killeen, Policy Director, Alzheimer Scotland, email: jkilleen@alzscot.org
Alzheimer Scotland - Action on Dementia is a company limited by guarantee, registered in Scotland 149069. Registered Office: 22 Drumsheugh Gardens, Edinburgh EH3 7RN. It is recognised as a charity by the Office of the Scottish Charity Regulator, no. SC022315.