provide treatment to someone deprived of rights which may be engaged: their liberty leads to serious harm, this could be a breach of Article 3. Article 8: Right to respect for private and Article 2: Right to life- family life An untreated physical health – problem could have an impact on the person’s Is the person supported to access medical physical and psychological well-being. checks and clinics? In extreme cases, lack of support with healthcare could lead to a Is the person supported to make informed fatality. choices around medical treatment (e.g. attending the doctors)? Being able to Does the person have access to their participate in decisions that affect your health physical health medication? If necessary, and wellbeing is an important part of Article 8. are enough staff available to ensure that the person is able to access their physical Does the person have access to health medication if it is not in their appropriate health care services? possession e.g. if somebody needs their Are reasonable adjustments made for inhaler or insulin, are there enough staff their mental health difficulties in to ensure the person has access to it as accessing health care? needed? If not, in some situations this could risk the right to life. Article 14: Freedom from discrimination in eg, has the relation to other human rights – person been denied informed choices in FREDA principles: treatment for physical health on the grounds of their mental health difficulties or disability? You may also wish to consider the FREDA Article 3: Right to be free from inhuman or principles: Fairness, Respect, Equality, degrading treatment- e.g. Are facilities Dignity, and Autonomy. available to avoid treating people with physical health needs (eg wheelchair users) in Is the person being treated with fairness, a degrading way? In serious cases of respect, equality, dignity, and autonomy in degrading treatment, this could be a breach of relation to their physical health? Article 3. If the person is detained under MCA (DOLs) or MHA, are they getting the medical treatment that they need? If a failure to
rights which may be engaged: Article 8: Right to respect for private and family life – An untreated physical health problem could have an impact on the person’s physical and psychological well-being. Is the person supported to make informed choices around medical treatment (e.g. attending the doctors)? Being able to participate in decisions that affect your health and wellbeing is an important part of Article 8. Does the person have access to appropriate health care services? Are reasonable adjustments made for their mental health difficulties in accessing health care? Article 14: Freedom from discrimination in relation to other human rights – eg, has the person been denied informed choices in treatment for physical health on the grounds of their mental health difficulties or disability? Article 3: Right to be free from inhuman or degrading treatment- e.g. Are facilities available to avoid treating people with physical health needs (eg wheelchair users) in a degrading way? In serious cases of degrading treatment, this could be a breach of Article 3. If the person is detained under MCA (DOLs) or MHA, are they getting the medical treatment that they need? If a failure to provide treatment to someone deprived of their liberty leads to serious harm, this could be a breach of Article 3. Article 2: Right to life- Is the person supported to access medical checks and clinics? In extreme cases, lack of support with healthcare could lead to a fatality. Does the person have access to their physical health medication? If necessary, are enough staff available to ensure that the person is able to access their physical health medication if it is not in their possession e.g. if somebody needs their inhaler or insulin, are there enough staff to ensure the person has access to it as needed? If not, in some situations this could risk the right to life. FREDA principles: You may also wish to consider the FREDA principles: Fairness, Respect, Equality, Dignity, and Autonomy. Is the person being treated with fairness, respect, equality, dignity, and autonomy in relation to their physical health?
rights-at-risk-staff-manual.docx