Absolute rights are fundamental rights that are considered inviolable. They are rights that cannot be diluted, restricted, or limited under any circumstances. In health and social care, absolute rights are pivotal because they serve as the bedrock of dignity and fairness for individuals receiving care.
The Legal Basis for Absolute Rights
Absolute rights are enshrined in various legal frameworks. The Human Rights Act 1998, which incorporates the European Convention on Human Rights (ECHR), is a cornerstone. This act ensures that public authorities, including health and social care providers, respect and uphold these rights.
Key Absolute Rights in Health and Social Care
Right to Life (Article 2)
The right to life is paramount. Healthcare professionals must do everything in their power to protect and save lives. This includes providing all necessary medical treatment and interventions to preserve life.
- Example: A patient must receive life-saving surgery even if they lack the capacity to consent at that moment.
Prohibition of Torture (Article 3)
This right ensures individuals are protected from torture, inhuman or degrading treatment, or punishment. In health and social care, this means ensuring that patients and service users are treated with the utmost dignity and respect, without any form of abuse.
- Example: Patients in care homes should never experience physical, emotional, or psychological abuse.
Prohibition of Slavery and Forced Labour (Article 4)
This prohibits any form of slavery, servitude, or forced labour. In health and social care settings, this could relate to ensuring that staff work under fair conditions and that service users are never coerced into activities against their will.
Absolute Rights vs. Qualified Rights
It is essential to distinguish between absolute and qualified rights. While absolute rights cannot be compromised, qualified rights can be limited under certain conditions, such as public safety or the protection of others’ rights.
- Example of a Qualified Right: The right to privacy can be limited if a healthcare provider needs to share information to protect public health.
The Universal Principle of Dignity
Central to absolute rights is the principle of dignity. Ensuring respect, compassion, and fairness is non-negotiable in health and social care.
- Practical Applications:
- Always addressing patients respectfully and involving them in decisions about their care.
- Providing privacy during medical examinations and treatments.
Safeguarding Absolute Rights
The safeguarding process in health and social care includes:
- Training and Education: Healthcare professionals must receive ongoing training about human rights and how to protect them.
- Policies and Procedures: Clear policies should protect absolute rights within healthcare settings.
- Monitoring and Compliance: Regular monitoring ensures compliance with human rights standards. Any breach should prompt swift corrective action.
Real-Life Scenarios
Scenario 1: End-of-Life Care
A patient in a care home has a do-not-resuscitate (DNR) order. However, healthcare staff must still ensure the patient’s right to life by providing comfort and pain relief.
- Key Point: DNR does not negate care; comfort and dignity must be maintained.
Scenario 2: Treatment Refusal
An individual refuses a specific medical treatment due to their cultural beliefs. Absolute rights mean their choice must be respected, provided they understand the consequences.
- Key Point: Respecting autonomy while ensuring patients are fully informed.
Challenges in Upholding Absolute Rights
Although absolute rights are inviolable, practical challenges arise:
- Resource Constraints: Limited resources can strain the ability to uphold these rights consistently.
- Ethical Dilemmas: Situations where competing rights and interests create complex ethical decisions.
- Training Gaps: Inadequate training of staff can lead to inadvertent breaches of absolute rights.
The Role of Advocacy
Advocates play an essential role in ensuring absolute rights are respected. They represent individuals who may be vulnerable or unable to express their needs and rights.
- Professional Advocates: Trained professionals who understand the legal and ethical frameworks.
- Peer Advocates: Individuals with similar backgrounds or experiences who provide support and representation.
Conclusion
Absolute rights in health and social care are the foundation for treating every individual with dignity, respect, and fairness. These rights, protected by law, ensure that individuals receiving care are safeguarded against any form of compromise to their fundamental human rights.
Upholding these rights is a shared responsibility among healthcare professionals, policymakers, and society. It involves continuous education, robust policies, and a commitment to ethical practice. Recognising the nuances and challenges that come with enforcing absolute rights helps build a resilient health and social care system where human dignity remains central.
