Health and Care Standards
Standard 6.2 People’s Rights
What is the Standard about?
Organisations and services have equality objectives in accordance with Equality Act 2010 and the Public Sector Equality Duty which ensure that they recognise and address the needs of individuals whatever their identity and background. Organisations and services must also uphold individual human rights; the rights of children in accordance with the United Nations Convention on the Rights of the Child (UNCRC); the rights of people with disabilities in accordance with the UN Convention on the Rights of Persons with Disabilities and the rights of Older People in accordance with the UN Principles for Older People and The Declaration of Rights of Older People in Wales. Organisations have a responsibility to eliminate discrimination, promote equality and human rights and seek to reduce health inequalities through their strategies, policies, practices and procurement processes.
Organisations and services need to have a means of recognising situations where rights conflict and be able to prioritise a course of action
Individuals are recognised as being unique with their own set of personal values, experiences, beliefs, aspirations, spiritual/religious and pastoral needs and that these are collaboratively incorporated and integral to the person centred healthcare they receive, ensuring it is truly person centred and holistic in the truest sense – the bio-psycho-spiritual and tailored to the uniqueness of the individual.
Who is it for?
All individuals / patients / carers and staff in all healthcare settings.
In relation to the standard criteria (in bold) the following key questions need to be considered:
The needs of individuals are recognised and addressed whatever their identity and background, and their human rights are upheld.
- How do you develop the awareness and understanding of staff so that they are able to give high quality, safe and accessible care to people with diverse backgrounds and different needs?
- How do you recognise the needs of individuals, whether they are patients, service users, carers or staff?
- How do you ensure that you take into account and responded to the needs of individuals and where appropriate ensure they have access to advocacy provision for example Independent Mental Health Advocacy?
- How do you ensure that staff understand their responsibility to treat people fairly and equally?
- How do you ensure that duty holders (e.g. staff, carers) are aware of their human rights responsibilities (including which human rights instruments are relevant and being utilised at any given time) and have appropriate support and resources to carry these out?
- How do you ensure that rights holder (e.g. patients) are aware of their human rights (e.g. promotion and education) and have appropriate mechanisms (e.g. advocacy, complaints procedures) to support claims where rights are not met?
- How do you recognise and promote their human rights?
- Have you applied the PANEL principles (Participation, Accountability, Non-discrimination, Empowerment and Legality)?
- Have you identified and employed specific human rights instruments and standards?
- Are staff on A&E, acute medical, surgical, orthopaedic, care of the elderly, mental health and other relevant wards specifically trained in the needs of people with dementia, cognitive impairment and sensory loss?
- How do you ensure the adequacy of staffing levels of registered nurses and health care support workers to enable the provision of safe, compassionate and dignified nursing care to patients at all times?
- How do you involve individuals in making decisions that affect them?
- How do you involve people in making your decisions and influence practice and policy?
Discrimination is challenged, equality and human rights are promoted and efforts are made to reduce health inequities through strategies, equality impact assessment, policies, practices, procurement and engagement.
- How do you challenge discrimination?
- How are equality, diversity and human rights incorporated into your governance arrangements?
- How do you assess the impact of your decisions on equality and human rights?
- How do you ensure your decisions and practices are fair, open and transparent?
- How do you seek to reduce health inequalities and promote fair and equal treatment and sustain progress?
- How do you promote equality and human rights?
- Has your organisation followed the Older People’s Commissioner Wales’ Guidance issued under s.12 Commissioner for Older People (Wales) Act 2006 (February 2013) - Best Practice Guidance on Assessing the Impact on Older People in Wales of Changes by Local Health Boards to Policy and Provision of Services?
- How do you recognise and uphold the rights of disabled people in accordance with the UN Convention on the rights of People with Disabilities?
- How do you ensure that reasonable adjustments are carried out to ensure that services are accessible to disabled people?
- How do you recognise and uphold the rights of older people in accordance with the UN Principles for Older People?
- How do you recognise and uphold the rights of children and young people in accordance with the UN Convention on the Rights of the Child?
Strategic equality plans are published setting out equality priorities in accordance with legislation.
- How do you ensure that the outcomes of equality objectives in accordance with the Equality Act 2010 and the Public Sector Equality Duty are monitored and measured?
- How do you involve individuals in the development and delivery of the equality objectives?
- How do you ensure the need to progress equalities and human rights standards is embedded as a key factor in commissioning and procurement prioritisation and decision making?
Care is consistent whatever the age of the person being cared for, so that for example for younger people with serious illnesses should expect an efficient transition from child services to adult services with good communication between those agencies.
- How do you ensure integrated care pathways between health and social care services?
- How do you ensure that children and young people are correctly identified as entering transition?
- How do you ensure the correct professionals are involved during the transition and good communication between agencies?
- How do you ensure that children and young people express their wishes and preferences about their services, especially where there are communication deficits?
The rights of children are recognised in accordance with the United Nations Convention on the Rights of the Child (UNCRC).
- How do you recognise and uphold the rights of children?
The rights for older people in Wales are recognised in accordance with the Declaration of Rights for Older People in Wales and the UN principles for Older Persons.
- How do you recognise and uphold the rights of older people?
- Are staff on A&E, acute medical, surgical, orthopaedic, care of the elderly, mental health (and other relevant) wards specifically trained in the needs of people with dementia, cognitive impairment and sensory loss?
The spiritual and pastoral care needs of people and their carers are recognised and addressed.
- How do you ensure that all staff who work directly with patients are trained in an understanding of the holistic model of care i.e. the bio-pyscho-social-spiritual model and spiritual/pastoral issues?
- How do you ensure that staff have the skills to be able to provide the patient with a safe space to explore these issues in the context of a therapeutic relationship?
- How do you ensure staff have the skills, resources and permission to do this in the context of an institutional culture that is based entirely on a medical model?
- How do you capture evidence relating to this criterion?
- Do you incorporate accurate information about a patient’s spiritual/religious/pastoral needs into patient discharge letters to primary care in order to facilitate transition?
- How do you ensure chaplaincy ('faith based') resources for community and secondary care to enable continuity between community and inpatient spiritual/religious/pastoral care?
- How do you ensure that primary care has the option to refer to chaplaincy faith based resources/faith services and organisations that can meet patient spiritual/pastoral needs in the community?
People are encouraged to maintain their involvement with their family and friends and develop relationships with others, according to their wishes.
- How do you support patients to maintain and develop relationships that are important to them?
- How do you encourage the Five Ways to Wellbeing?
Legislation and Guidance
European Directives relating to employment and service delivery for race, gender, sexual orientation, religion/belief, age and disability
UN Conventions and Covenants ratified by the UK Government including:
Good Practice Guides
Equality & Human Rights Commission in Wales
Best Practice Guidance for Engagement and Consultation with Older People on Changes to Health Services in Wales
Best Practice Guidance on Assessing the Impact on Older People in Wales of Changes by Local Health Boards to Policy and Provision of Services
Five Ways to Wellbeing