Equality and human rights in social care
Our role is to make equality and human rights a reality for everyone and we are working to uphold rights in social care.
We want to see equality and human rights built into the heart of social care, guiding decision-making in the sector, as well as reforms.
Here we set out what this means in practice by:
We hope this approach, and specifically our nine principles, will be used by:
Governments and parliamentarians, when making decisions about social care frameworks, funding and reform.
Social care commissioners and providers as well as social workers, to help them embed equality and human rights into policy and practice.
Regulators, to help guide their important work to improve standards in the social care sector.
Those with care needs and carers (and those who advise and support them), as a resource to help them understand and realise their rights.
What do human rights mean for social care?
Social care plays a critical role in protecting our fundamental human rights.
It protects our right to life and to be free from poor treatment, by helping us to meet our basic needs like eating, drinking, washing, dressing or taking medication.
But a social care system based on human rights principles goes much further than this.
It promotes our dignity, supports our relationships with others, and helps us to have independence, connection and community. Ultimately, social care means that whatever our needs or age, we can live our lives in the way we choose to.
What does equality mean for social care?
Equality legislation can help us all to benefit from social care.
It means we should all be treated with dignity and respect when using (or seeking to use) care services and it prevents us facing discrimination or harassment.
It means that the bodies designing social care policies and practices should think about the way these affect people with different protected characteristics in the Equality Act 2010.
Available
Everyone with social care needs can get the support they need to live a dignified life.
The system should be sufficiently and sustainably funded to achieve that.
Some of the equality and human rights provisions and treaties that apply to the available principle are:
Article 8 (the right to family and private life) under the Human Rights Act.
The public sector equality duty (giving consideration to preventing discrimination, promoting equality and encouraging good relations between people with different protected characteristics) and the non-discrimination provisions (preventing unlawful discrimination, harassment and victimisation) under the Equality Act.
Article 19 (the right to independent living) of the Convention on the Rights of Persons with Disabilities and Article 11 (right to an adequate standard of living) and Article 12 (right to physical and mental health) of the International Covenant on Economic, Social and Cultural Rights.
Accessible
Social care services should be easy to navigate and help people to make informed choices.
Services must anticipate the needs of disabled people and any adjustments required, including independent advocacy.
Some of the equality and human rights provisions and treaties that apply to the accessible principle are:
Article 8 (the right to family and private life) under the Human Rights Act.
The public sector equality duty (giving consideration to preventing discrimination, promoting equality and encouraging good relations between people with different protected characteristics) the reasonable adjustments provisions (meeting the needs of disabled people) and the non-discrimination provisions (preventing unlawful discrimination, harassment and victimisation) under the Equality Act.
Article 19 (the right to independent living) of the Convention on the Rights of Persons with Disabilities, Article 11 (right to an adequate standard of living) and Article 12 (right to physical and mental health) of the International Covenant on Economic, Social and Cultural Rights.
Person-centred
Care should be personalised and tailored to individuals’ needs, including needs related to their protected characteristics.
Health, care and wider community services should be coordinated around the individual.
Some of the equality and human rights provisions and treaties that apply to the person-centred principle are:
Article 14 (protection from discrimination) under the Human Rights Act.
The public sector equality duty (giving consideration to preventing discrimination, promoting equality and encouraging good relations between people with different protected characteristics) under the Equality Act.
The general principles (promoting human rights and dignity for disabled people) and Article 19 (the right to independent living) of the Convention on the Rights of Persons with Disabilities.
Choice and control
Individuals should have maximum choice and control over what social care they get and how it’s provided.
The voices of those with care needs should be at the centre of decisions that affect them, in line with the principles of participation and co-production.
Some of the equality and human rights provisions and treaties that apply to the choice and control principle are:
Article 3 (freedom from inhuman and degrading treatment), Article 5 (the right to liberty and security) and Article 8 (the right to family and private life) under the Human Rights Act.
The public sector equality duty (giving consideration to preventing discrimination, promoting equality and encouraging good relations between people with different protected characteristics) and the reasonable adjustments provisions (meeting the needs of disabled people) under the Equality Act.
Article 12 (equal recognition before the law) and Article 19 (the right to independent living) of the Convention on the Rights of Persons with Disabilities.
Community and connection
People should be supported to live in their own homes and access social care services close to home, communities and support networks.
Some of the equality and human rights provisions and treaties that apply to the community and connection principle are:
Article 8 (the right to family and private life) under the Human Rights Act.
The public sector equality duty (giving consideration to preventing discrimination, promoting equality and encouraging good relations between people with different protected characteristics) under the Equality Act.
Article 19 (the right to independent living) of the Convention on the Rights of Persons with Disabilities.
Effective redress
Routes to challenge decisions and raise complaints should be effective and accessible.
Some of the equality and human rights provisions and treaties that apply to the effective redress principle are:
Article 2 (the right to life), Article 3 (freedom from inhuman and degrading treatment), Article 5 (the right to liberty and security), and Article 8 (the right to family and private life) under the Human Rights Act.
The public sector equality duty (giving consideration to preventing discrimination, promoting equality and encouraging good relations between people with different protected characteristics) under the Equality Act.
Robust regulation
Regulators should work to promote equality and human rights and ensure accountability and continuous improvement in social care services.
Some of the equality and human rights provisions and treaties that apply to the robust regulation principle are:
Article 2 (the right to life), Article 3 (freedom from inhuman and degrading treatment), Article 5 (the right to liberty and security) and Article 8 (the right to family and private life) under the Human Rights Act.
The public sector equality duty (giving consideration to preventing discrimination, promoting equality and encouraging good relations between people with different protected characteristics) under the Equality Act.
Support for unpaid carers
Services should recognise the vital role of unpaid carers and work in partnership with them.
Carers should be able to access the support they need, including financial help.
Some of the equality and human rights provisions and treaties that apply to the support for unpaid carers principle are:
Article 8 (the right to family and private life) under the Human Rights Act.
The public sector equality duty (giving consideration to preventing discrimination, promoting equality and encouraging good relations between people with different protected characteristics) under the Equality Act.
A valued workforce
Caring should be a valued profession with fair recruitment, pay and treatment, and opportunities for training, development and progression.
This should be recognised as important for improving standards of care and upholding people’s rights.
Some of the equality and human rights provisions and treaties that apply to the valued workforce principle are:
Article 3 (freedom from torture and inhuman treatment) and Article 8 (the right to family and private life) under the Human Rights Act.
The public sector equality duty (giving consideration to preventing discrimination, promoting equality and encouraging good relations between people with different protected characteristics) and the non-discrimination provisions (preventing unlawful discrimination, harassment and victimisation) under the Equality Act.
Article 19 (the right to independent living) of the Convention on the Rights of Persons with Disabilities, Article 11 (right to an adequate standard of living) and Article 12 (right to physical and mental health) of the International Covenant on Economic, Social and Cultural Rights.
Built with Shorthand