Age Action welcomes today’s publication of the ‘Guidance on a Human Rights-based Approach in Health and Social Care Services’ published today by the Health Information and Quality Authority (HIQA) in conjunction with Safeguarding Ireland.
Age Action supports a rights-based approach which empowers people to know and claim their rights. If people know and claim their rights in how they decide what health and social care services they wish to receive, this will in turn impact the quality of health and social care services as providers will be held to account to higher standards of person-centred care.
In addition to existing HIQA standards, today’s publication is a welcome resource to assist both service users and staff and organisations working with adults across health and social care services to understand how human rights principles apply in health and social care services on a day-to-day basis.
We are pleased to see that the publication includes discussion on the complex situations that occur in practice where many factors need to be considered, such as balancing an individual’s will and preferences, and – at times – competing human rights. We hope to see a better understanding across health and social care services of how to uphold human rights, and better guidance for staff in practice in overcoming the challenges that arise when the organisational protocols are seemingly at odds with a rights-based approach e.g. options for transgender people in single sex residential units.
Age Action remains disappointed that significant legislative and policy gaps continue to exist in the area. While enacted, the new Assisted Decision Making (Capacity) Act 2015 will not be commenced until Q4 2020. Key elements which should be fast-tracked for commencement include: Arrangements for the making of Enduring Powers of Attorney; a legal framework for Advance Healthcare Directives. In addition, related legislation on the deprivation of liberty - which will provide safeguards for people living in or going to live in residential settings – has also seen delays in its progress into law.
An Adult Safeguarding Bill has been in development since 2017 to replace or cover out of date or non-existent legislation in the area. When underpinned by a regulatory framework for adult safeguarding, this will provide for the protection of at risk adults and statutory powers to ensure adherence.
The expedition of these legislative and resulting policy changes will ensure that rights, freedoms and dignity of people are promoted and protected.