The human rights of older people in healthcare eighteenth report of session 2006-07, Vol. 1: Report and formal minutes

In addition to the scrutiny of Bills and policy documents the Committee also examines other areas where there are concerns about human rights. In this report it looks at how the principles of human rights can be applied to older people in hospitals and care homes to ensure they are treated with greater dignity and respect. It looks first at the current position before covering: the leadership of the Department of Health; the implementation of the Human Rights Act by service providers; health and social care inspectorates and NICE; the role of staff in protecting human rights; and empowering older people. It finds that, although there are examples of excellent care, there are concerns about poor treatment, neglect, abuse, discrimination and ill-considered discharge. There is a significant difference between the "duty to provide" under care standards legislation and the "right to receive" under human rights legislation and the culture needs to change. The Committee recommends legislation and a role for the Commission for Equality and Human Rights. It also recommends measures to strengthen human rights obligations and duties, including better guidance and standards, and bringing private and voluntary care homes into the scope of the Human Rights Act.