The Centrality of Human Rights in the Provision of Social Care - Essay Example

? Introduction The adoption of a rights-based approach emanates from the realization that human rights, respect, and dignity domain sum up as one of the worst performing areas across the health sector. Some of the users such as the elderly and disabled people frequently obtain a raw deal, especially in cases where their conditions is worsened by chronic health conditions. Health and social care providers are anticipated to highlight and remedy areas in which they may not be providing equality of treatment. The introduction of a rights-based approach to social care provision and delivery is likely to strengthen action on inequality and herald better services and outcomes for social care service users. For instance, the Convention of the Rights of Persons with Disabilities encompasses rights to: participation in decision making; physical integrity and personal mobility; participation, dignity, and non-discrimination; and to live independently and actively within the community. A rights-based approach facilitates the realization of human rights by: fostering the inclusion of marginalized, socially excluded, vulnerable, or at-risk groups of people; addressing and challenging the barriers, inequalities, and injustices that are prevalent within the society; pursuing policies and programs that facilitate the well being of the service users. In most case, a rights-based approach gives services providers a stronger role to play in the manner in which services are designed and delivered. As a result, social care service users are rendered recipients of services that transform their lives and safeguard them against discriminatory treatment (Great Britain 2007, p.177). A right-based approach highlights the significance of empowerment and participation of parties impacted on by decisions to claim the rights, and accountability and capability to deliver from those responsible for social care service provision and delivery. The Centrality of Human Rights in the Provision of Social Care Majority of rights-informed approaches incorporate an understanding that denials of human rights emanate from and perpetuate inequality, exclusion, and discrimination based on power relations. As such, rights-informed approaches are guided by the need to reform institutions and transform power relations via enhanced participation, accountability, and participation and via compelling organizations to meet their rights obligations. A rights-informed approach to social care delivery and provision rests on guaranteeing that health and social care is provided and made accessible to all persons on a fair basis (Chapman 1994, p.4). Human rights represent the fundamental and irreducible rights for all individuals, which represent the moral and ethical principles that are critical to a democratic society. Human rights are grounded in a framework of fundamental values such as dignitary, equality, autonomy, respect, and fairness. The relevant human right instruments referred to in the paper entail: Human Rights Act, European Convention on Human Rights, especially Articles 2, 3, and 8; UN International Covenant on Civil and Political Rights; and, UN Conventional n Rights f Personas with Disabilities, especially Article 19. The European Convention on Human Rights articles entail: the right to life (Article 2); the right to respect for private and family life (article 8); and, the right of not to be subjected to discrimination with relation to any of the rights within the Act (article 14). With regard to values, a rights-based approach highlights PANEL principles, namely: participation, accountability, non-discrimination, empowerment of individuals, and legality (appreciation of legal principles) (Steiner, Alston and Goodman 2008, p.300). Human rights apply to all, but are especially significant for persons who are at enhanced risk of poor treatment. Human rights can avail practical guidance to the formulation, implementation, evaluation, and monitoring of social care provision and delivery. The rights-informed approach avails a framework that will better allow providers and community organizations to comprehend society’s expectations, and deliver more sustainable services that respond and align with the inherent dignity of individuals (Carnwell, Buchanan and Carnwell 2008, p.202). A human rights approach to social care avails an ethical framework for person centered decision making by guaranteeing that rights are only restrained when necessary and proportionate. A rights-informed approach to social care provision and delivery could make a real difference to organizational culture and to the quality of service provision for users. Some of the expectations of a rights-informed approach to social care provision and delivery entail having zero tolerance of abuse, treating all persons with dignity, reinforcing independence, choice, and control, and respecting user’s right to privacy (Great Britain 2007, p.178). Some of the rights-informed approach to social care provision and delivery elements encompasses non-discrimination and equality; progressive realization; participation; monitoring and accountability; and, available, accessible and suitable health service provision that is of excellent quality. Equity and Inclusion Social care providers should adopt equity and inclusion as core principles, inherent in rights-based approach to guarantee that they address issues of exclusion and marginalization in the provision of social care. Guaranteeing fairness demands that measures must frequently be undertaken to compensate for certain discrimination and disadvantages. The process of inclusion is not simply abut enhancing access to services, but also supporting individuals, inclusive of the marginalized and discriminated against, to engage within broader processes to guarantee their rights and needs are recognized and met (Davies 2012, p.6). As a result, equity and inclusion can be perceived as interrelated and addressing them demands better recognition and understanding of the diverse needs of individuals and groups; highlighting and tackling the causes of exclusion; facilitating and reinforcing their inclusion within decision-making processes; and highlighting and implementing sustainable solutions. Non-discrimination Stigmatization and discrimination can be considered as two prominent impediments to the broad enjoyment of human rights by social care users. Stigma, in this case, is frequently grounded in myths, misconceptions, and fear (Fish 2012, p.45). The discrimination experienced by social care users is mainly multi-dimensional based on factors such as age, disability, poverty, gender, ethnic origin, or sexuality. For instance, a rights-informed policy for social care delivery to older people should be structured within an ageing-well framework and in a way that respects the difference and diversity among the users (Fish 2012, p.46). Adequate consideration of health resource allocations should be awarded to guarantee that the development and implementation of an ageing-well policy facilitates equality instead of perpetuating inequalities. Availability, Accessibility, Acceptability and Quality A rights-informed approach, when employed to home and residential care, incorporates four interconnected and critical components, namely: availability, acceptability, accessibility, and quality. In terms of availability, social care must be progressively made available to all users. Availability, in this case, encompasses not only services, but also suitably trained health workers ad preventative programs. Availability also extends to the underpinning determinants of health such as proper nutrition and safe housing (Nzira 2011, p.6). In terms of accessibility, health and social care should be accessible to all persons devoid of discrimination and should be economically and physically accessible to all users (London 2008, p.66). Accessibility also embraces the right to seek, receive, and impart information. This component is critical for participation within advanced care planning consumer directed care, and personal decision making. In terms of acceptability, social care services should be respectful of difference and diversity, gender sensitive, and culturally appropriate. All social care providers should be aware of and able to respond to diverse cultural sensitivities and diversity. Finally, rights-informed approach elevates quality and outlines that social care provision and delivery should not only be culturally appropriate and gender sensitive, but also medically appropriate and of good quality. Quality also encompasses the manner in which individuals are treated. The recipients of social care should be treated with respect and dignity. General and Immediate Obligations The rights-informed approach t social care provision and delivery entails a general obligation to respect, safeguard and fulfill the human rights of all social care users. The obligation to respect demands that local authorities guarantee access to social care services by all users inclusive of exceptional needs groups, and minority groups while the obligation to safeguard demands that local authorities adopt steps to guarantee the highest possible standards of social care provision and delivery. The obligation to fulfill, on the other hand, denotes the obligation to promote, inclusive of the adoption of essential measures that guarantee the provision of age and gender-sensitive services. A right-informed approach to social care provision and delivery must highlight enhancing of relationships and processes, accountability mechanisms and channels for diverse actors to participate in the care delivery (London 2008, p.65). Rights-informed approaches to social care delivery are considered as transformative, especially with regard to the attainment of better outcomes to users. Discussion The contemporary society is rife with inequalities within health, which persist to pervade the development trajectory and where exclusion from social systems remains one of the most fundamental obstacles towards the attainment of human potential globally. Hence, the integration of rights-based approach into social care provision and delivery avails opportunities for addressing the outlined key challenges. The significance of appreciating the indivisibility of civil and political rights and social-economic rights signifies that health policy-makers should spend an equal effort in considering and instituting health policies with regard to obligations to fulfill the right to health, in the same way that they do in establishing elaborate and possibly strong commitments to eradicating discrimination or violations of dignity. For a rights-based approach to address conditions that create vulnerability, the rights-informed approach ought to pursue giving voice to those who are vulnerable and enable the decision-making organs to alter the conditions of vulnerability. This model is significantly diverse from those that frame rights as mere standards of conduct as it departs from notions of generous handouts by entities, or third parties to revolutionize suffering of passive recipients of support. As a result, individuals, groups, or communities whose rights have been or are probable to be contravened bear choices and capabilities, and the degree to which a right-based approach enables them to exercise agency (Boyle 2010, p.299). In a majority of cases, a rights-based approach avails a framework for pro-active development of policies and programs operationalized in means that are align with human rights provisions. In cases where systems go wrong, a rights-based approach to social care delivery and provision awards opportunities for redress of violations and such actions are not only critical for persons, but also for groups and classes of vulnerable people (Great Britain 2010, p.4). The adoption of a rights-based approach to social care details the best way of guaranteeing that all social care users are treated with dignity, equality, and respect. A rights-informed approach to social care allows accessibility of information to social care users regarding their rights and responsibilities of local authorities with regard to social care. The users of social care can play a critical role with regard to providing information regarding the rights and signposting, and supporting social care users to access appropriate services. Rights-informed approach to social care provision and delivery is at the heart of provision of high quality culturally sensitive service provision. A rights-based approach to social care provision and delivery pursues high quality culturally sensitive service provision. In order for the social care services to attain the requisite standards, the providers must guarantee that the services are culturally competent. This necessitates fostering of social inclusion, integration and independence. A rights-based social care policy guarantees that service users and carers should be well incorporated within decisions around their and support and highlights the nature and extent of support they deliver, as well as delivering favorable outcomes for service users and carers (Pierson and Thomas 2010, p.534). A rights-based approach is able to embrace wider agendas for social care, which encompass: enhanced health, enhanced well-being, enhanced social inclusion, and enhanced independence and responsibility. A rights-based framework is likely to give the providers of health and social care a reason to embed human rights and equalities thinking into the design, and delivery of those services given that it yields to better outcomes for users of social care (Macmillan 2010, p.3). Indeed, a rights-based approach has been proven to yield respect for and enhanced protection of majority of the vulnerable people receiving health and social care. For the majority of social care users who may be disabled, living with chronic conditions health and social care, or older, a rights-based approach (whether guaranteed by the statutory, private, third, or informal sector) plays a critical role in facilitating access to equality and independent living. A rights-based approach allows people to lead an independent, flexible, and full lifestyle where individuals bear the right to self assess. Independent living, in this case, entails allowing all social care users to have the same freedom, dignity, control, and choice. This translates to rights to practical assistance and support to participate within the society and live an ordinary life. A right-based approach to social care provision and delivery has been successful in clarifying expectations of just, consistent, and respectful experiences and of redress in cases where the standards fall below the outlined level (Asher 2004, p.116). The rights to voice choice and participation has been elevated above the normal debates on the rationing of social care budgets to include the inclusion of human rights and citizenship within the decision making, assessment, and service commissioning, and delivery. A rights-based approach to social care delivery presents the best hope of changing the balance of power towards people themselves, rather than the balance of care towards home and community. Social care users such as individuals with long term conditions seek to live fulfilled lives, which translate to elevating rights, independence, and participation to be more than health and social care services. A rights-based approach to social care is also linked to better outcomes among the carers and social care workforce (Boyle 2010, p.300). The right of staff must be safeguarded to guarantee that the rights of those they support are secured, as well. This can be attained via commissioning and procurement that does not admit the drive for cost-cutting to dent the quality and outcomes for people utilizing services. A rights-based approach allows the participation of all people as citizens, employees, carers, and volunteers. As a result, the recipients of social care services are able and empowered to influence the design and planning of services, as well as the manner in which they are delivered; know what to anticipate from the services; build their strengths, interest, and aspirations delivered by the services; be active partners in highlighting and establishing solutions to problems; have someone to advocate on their behalf; and, gain a consistent and reliable relationship with the providers. A rights-based approach affords service users the prospect of exercising greater choice over their own social care arrangements, and better fit with regard to their own circumstances (Glasby 2012, p.138). A rights-based approach helps to end discrimination and anticipation of negative treatment, which was previously an endemic issue within the lives of social care service users, especially LGB people. This emanates from its emphasis on consideration of discrimination and equal treatment and the centrality of cultural competence, which allows the establishment of awareness of the beliefs, preferences, and needs of diverse cultural groups and institution of cultural-appropriate services for diverse social service users (Glasby 2012, p.139). The benefits of rights-based approach to social care include: a right-based approach avails a framework of core values and principles which the services can be based. Such a framework aids health and social care staff to satisfy their professional ethical obligations; respecting and fostering human rights enhances quality and success of social care enhances decision-making processes and promotes the health and wellbeing of all service users. Moreover, a rights-based approach sends a positive message that individuals with disabilities are persons with equal rights. Similarly, a rights-based approach is likely to yield to a more meaningful participation and engagement of persons with disabilities amid the structuring (Gomm 2000, p.114). Furthermore, a rights-based approach is likely to aid health and social care staff to better comprehend the broad range of societal and cultural factors that influence an individual’s health and well being. In so doing, a rights-based approach is likely to reduced complaints and litigation. Conclusion Rights-based approach to social care delivery demonstrates how placing human rights at the centre of health, and social care services can deliver better outcomes for both service users and staff. Local authorities have opportunities to promote and safeguard the rights of social service users based in: in the manner in which they commission social care services such as home care and the manner in which they procure and monitor social care contracts. They also possess a role for assessing user’s needs, reviewing social service users’ ongoing needs, and availing information to those who need social service such as home care. However, the adoption of rights-informed approach to social care provision is not a panacea as it poses some challenges: for instance, the need to balance the claims of diverse rights holders and address possible tensions between the attainment of diverse right and responsibilities. However, consistent adherence to its fundamental principles can aid to meet the objectives of social care delivery to all users. References List Asher, J. (2004). The Right to Health: A Resource Manual for NGOs, Commonwealth Medical Trust, London: Commonwealth Medical Trust. Pp. 116. Boyle, G. (2010). Social Policy for People with Dementia in England: Promoting Human Rights? Health and Social Care in the Community 18 (5), pp 511-519. Boyle. G. (2008). Autonomy in Long-Term Care: A Need, A Right or a Luxury? Disability and Society 23 (4). pp 299-310. Carnwell, R., Buchanan, J., & Carnwell, R. (2008). Effective practice in health, social care and criminal justice, Maidenhead, Open University Press. Pp.202. Chapman, A. R. (1994). Health care reform: a human rights approach, Washington, Georgetown University Press. Pp.4. Davies, M (2012). Social Work with Adults: Policy, Law, Theory, Research and Practice, Basingstoke, Palgrave. Pp.6. Fish, J. (2012). Social work with lesbian, gay, bisexual and trans people: making a difference, Bristol, Policy Press. Pp.45-46. Glasby, J. (2012). Understanding health and social care, Bristol, Policy Press. Pp.138. Gomm, R. (2000). Using evidence in health and social care, London, SAGE. Pp.114. Great Britain (2010). Equality and Human Rights Commission: thirteenth report of session 2009-10 : report, together with formal minutes and oral and written evidence, London, Stationery Office. Pp.4. Great Britain. (2007). The human rights of older people in healthcare, London, The Stationery Office. Pp.177-178. London, L. (2008). What is human rights-based approach to health and does it matter? Health and Human Rights 10 (1), pp.65-80. Macmillan (2010). Developing and evaluating the practical application of a human rights framework in cancer care, London, Macmillan Cancer Support. Pp.3-5. Nzira, V. (2011). Social Care with African Families in the UK, London, Routledge. Pp.6-8. Pierson, J., & Thomas, M. (2010). Dictionary of social work, Maidenhead, Berkshire, England, Open University Press. Pp.534. Steiner, H. J., Alston, P., & Goodman, R. (2008). International human rights in context: law, politics, morals : text and materials, Oxford, Oxford University Press. Pp.300. Read More