The Human Rights Act 1998

Cooper, Jonathan

doi:10.14296/ac.v1999i15.1496

Cited by 6 publications

(2 citation statements)

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“…Here, the authors assumed that life in a care home automatically strips care home residents of certain human rights or that particular rights are especially at risk of being abused in care home settings. 74 The rights commonly mentioned as being particularly at risk are liberty, security and family life as well as privacy 75 and the right to be free from torture or cruel, inhuman or degrading treatment or punishment. 76 Such risks were attributed to two factors.…”

Section: Assumptions Towards Care Homes and The People Who Live And Work In Themmentioning

confidence: 99%

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Human rights and care homes for older people: a typology of approaches from academic literature as a starting point for activist scholarship in human rights and institutional care

Green

Tinker

Manthorpe

2021

The International Journal of Human Rights

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Care homes for older people attract human rights discourse. This has intensified during the Covid-19 pandemic, which disproportionately affected care home communities with various human rights ramifications. Activist scholarship in human rights can contribute to the protection and realisation of the rights of people living, working in and visiting care homes through highquality research. This article reports the findings of an analysis of pre-pandemic scholarship that explored the ways authors approached the topic of human rights of older people in care homes. The aim was to produce a typology of approaches to the topic as a basis for critical reflection and as a starting point for future activist scholarship in gerontology, social policy and law. Reflexive thematic analysis of 23 international English-language peer-reviewed articles published between 1998 and March 2019 was undertaken. Analysis was framed in the context of the health and social care setting of England. The article reports the pertinent and common assumptions that care homes are 'inherently risky' places for the protection of the human rights of 'vulnerable' care home residents. The article highlights five types of approaches: the anti-institutional, the legalistic, the care quality, the equality approach, and the issue-based approach.

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Section: Assumptions Towards Care Homes and The People Who Live And Work In Themmentioning

confidence: 99%

“…For example, Cooper 89 highlighted particularly salient rights in care homes, such as the right to privacy, family life and correspondence (Art 8 ECHR). He then discussed the possibility of legal (re-)action if a right were to be violated as well as the ramifications of 'absolute' and 'qualified rights'.…”

Section: Legal Approachmentioning

confidence: 99%