| |  | | | |  | |  | | Human Rights Project | | | | | St. Andrew's Healthcare announces its ongoing project on Human Rights in specialist mental health care.
Since the introduction of the Human Rights Act in 2000 there has has been little published research on the impact of the Act in mental health care.
The St Andrew's Human Rights Project aims to protect the Human Rights of mental health service users. It will promote rights in accordance with the Human Rights Act (1998) and the European Convention on Human Rights (ECHR) by ensuring that each individual's Rights are considered as an integral element of their care and treatment. The project will foster a 'human rights culture' within our services, where both professionals and service users can be clear and knowledgeable about their rights and responsibilities in relation to the Human Rights Act.
 The Project will ensure the protection or any necessary infringement of Convention Rights is explicitly documented. This will allow for audit of the application of Human Rights legislation and the mechanisms by which rights are to be delivered. The project will ensure that rights outlined in the ECHR are an integral component of the Care Programme Approach (CPA).
It is intended that new rulings and interpretations of the Act in relation to mental health service users will be incorporated into the implementation and audit of this approach on a regular basis, ensuring that Human Rights are consistently applied in accordance with the latest information.
Background to the Human Rights Act
In the aftermath of the Second World War, the Council of Europe defined Human Rights to include:
'The right to life, freedom from slavery, freedom of association, freedom of expression, freedom from torture, protection of privacy and family life, freedom from discrimination in the application of these rights'.
18 European countries signed the European Convention on Human Rights in 1951. From 1966 the United Kingdom allowed its citizens to appeal to the European Court of Human Rights in Strasbourg, but the treaty was not incorporated directly into domestic law until the Human Rights Act (1998).
The Human Rights Act came into effect in October 2000, and allows domestic courts to rule on whether the decisions of public bodies are infringements of Convention Rights.
The key articles of the convention are as follows:
Article 2: RIGHT TO LIFE
'Everyone's right to life shall be protected by law'.
Article 3: PROHIBITION OF TORTURE
'No one shall be subject to torture or inhumane or degrading treatment or punishment'.
Article 5: RIGHT TO LIBERTY AND SECURITY
'Everyone has the right to liberty and security of person'
Parts (a) - (f):
Outline exceptions: part (e) the lawful detention of persons for the prevention of the spread of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants.
Article 5 (2):
'Everyone who is arrested shall be informed promptly, in a language he understands, of the reasons for his arrest and of any charge against him'.
Article 5 (4):
'Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful'.
Article 6: RIGHT TO A FAIR TRIAL
'Everyone is entitled to a fair and public hearing within a reasonable period of time by an independent and impartial Tribunal established by law'.
Article 7: NO PUNISHMENT WITHOUT LAW
'No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed'.
Article 8: RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE
'Everyone has the right to respect for his private and family life, his home, and his correspondence'.
Article 9: FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
'Everyone has the right to freedom of thought, conscience and religion'.
Article 10: FREEDOM OF EXPRESSION
'Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers'.
As the St. Andrew's Hospital Human Rights Project progresses, updates will be made available on this website. For further information, please contact Geoff Dickens, Research and Development Nurse, on 01604 616362 or email gdickens@standrew.co.uk
For useful links on the Human Rights Act (1998), please click here | | | | |
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