During my dementia training for social care professionals, I ask participants:
“Do you
think people with dementia have human rights?”
Most
participants, keen to say the right thing, murmur, “Of course.”
Which naturally
leads me onto the next question:
“So
what are these human rights then? Name me some...”
And the
silence that follows is usually defending.
When
the silence is broken, it’s been broken by some really ‘interesting’
contributions. The right to "a cup of tea" and a "clean bum" are two notable
examples.
I talk
about human rights during my training on living well, or living better, with
dementia. Although human rights fit into every aspect of living with dementia,
I think presenting them in the context of 'living well' sends an important message that human rights are vital to
the person’s quality of life.
Human rights and people with dementia
There
has been a very powerful movement towards thinking about the support of people
with dementia in a human rights context, led by many important voices including Dementia Alliance International. The disability sector really pioneered
human rights work in relation to people with various disabilities, and leading
advocates for people living with dementia do, quite correctly, feel that the same
rights should be afforded to people with dementia. Legally that is certainly
true, but in practice it happens sporadically at best.
Human
Rights law encompasses many different aspects of life. To pick out some of the
Rights that are particularly relevant in the context of health, social care and
dementia, I often think about:
• The Right to life
• The Right to freedom from
torture and inhuman or degrading treatment
• The Right to liberty and
security
• The Right to respect for
your private and family life, home and correspondence
• The Right to freedom of
thought, belief and religion
• The Right to freedom of
expression
• The Right to protection
from discrimination in respect of these rights and freedoms
• The Right to peaceful
enjoyment of your property
Historically,
the most common barrier to the application of a person’s human rights has been
the assumption that all people with dementia are incapable of
self-determination (autonomy) simply because they have dementia. Of course,
with the introduction in the UK of the Mental Capacity Act (My blog post on MCA is here), that
assumption could no longer, legally, be made.
Yet,
such is the lack of understanding about MCA, and the often poor practical
application of its 5 main principles, the MCA is frequently as misunderstood as
human rights legislation. Even more alarmingly, whilst most social care staff
when questioned will say they’ve had some basic training in the Mental Capacity
Act and Deprivation of Liberty Safeguards (DoLS), the majority of staff I see
have never even been asked to consider their care and support practices in the context of the person’s
human rights.
Simplifying
legal complexities
Human rights is a huge topic that I do not profess to be an expert in. But even for a
lay person such as myself, there are important aspects that I feel anyone can
and should grasp to augment their understanding.
Firstly,
the framework for making decisions is an approach based on asking yourself:
• Is it lawful?
• Is it a legitimate aim?
• Is it necessary in a
democratic society?
Three
fairly simple questions. And of course the ‘it’ could be anything, from a daily
care and support issue around personal care or medication right through to
locking doors.
Secondly,
the principles of a human rights based approach are:
• Proportionality
• Least restrictive option
• Balancing rights and risks
• Proactive strategies
All
of those 4 principles draw me in, much like the principle in the Mental
Capacity Act that allows for a person to make an ‘unwise’ decision. The concepts of balancing rights and risks, being proportional, and taking the least
restrictive option always spark interesting conversations.
Practicing a human rights based approach
In
one recent example, I asked a group of care workers what they would do if the
person they supported wanted to take a walk outside:
Care
staff: “Our residents often go outside onto the patio in the summer.”
Me:
“Ok, I was thinking a bit further than your patio area. And I’m talking about
right now. Late November, 4pm.”
Care
staff: “Ah well that would be dangerous so we’d keep them in.”
Me:
“But what about the person’s right to liberty and security? If we say we are
respecting the person’s rights, are we only doing that between May and
September?”
Care
staff: “But we have to keep them safe - it’s getting dark.”
Me:
“It is, so if we are taking a human right’s approach, respecting the person’s
right to LIBERTY and SECURITY, let’s ensure the person is wrapped up in warm
clothes and non-slip shoes, dress ourselves similarly, take a torch (and we
have lighting around the building) and go for a walk outside with the person. That way
we are supporting the person’s right to liberty, doing our best to keep the
person safe by keeping them warm and going with them, and being proportional by supporting what the
person wants but keeping to areas that are well-lit and won’t involve us
getting lost. We have balanced the person’s rights with the risks and found a
less restrictive option (than keeping the person locked up inside). We could also add
being proactive in our approach if the person wants to regularly go for a walk
at this time and we anticipate and support that. And as a plus point, can
anyone think of any other benefits?
(Silence)
Me:
“The person will hopefully get a bit of an appetite for their supper, enjoy
some exercise, and potentially stave off any sundowning symptoms by being
occupied and engaged. Best of all, we will have empowered that person.”
Empowerment - the very best example of living well
That, for me, is ultimately what a human rights based approach is all about -
empowerment. Losing rights and freedoms is very disempowering. Being told "no" constantly. Being locked up like a prisoner. Feeling your needs and wants don’t
matter. Anyone in that position might just give up.
But
when we find a way by being proactive, even if logistically we have to make
some compromises, we transform the person’s experience. Being told "yes" is a
positive feeling. When the doors open, the sense of freedom is exhilarating.
Having our needs and wants met validates those needs and wants. You are living, not just existing, because you feel like a worthwhile and empowered human being.
My challenge to you
Many
individuals and organisations would benefit from enhancing their understanding and revolutionising their approach to human rights to protect people living
with dementia from, at best, misguided care and support and at worst, abuse. So,
as 2017 draws to a close (this post marks my last D4Dementia blog of the
year), my challenge to everyone involved in the care and support of people with
dementia is to make 2018 the year you resolve to embrace a human rights based approach. And to support you, this won’t be my last blog on the topic.
Thank you for all your support in 2017. Until 2018...
Thank you for all your support in 2017. Until 2018...
You can follow me on Twitter: @bethyb1886
I love this example. My mother's worst meltdowns in her care home come when she discovers she is locked in. She either feels likes she's being punished for something but not sure what for, or she becomes very angry. Either way it makes her distressed. Care home staff do not know how to deal with this. My mum who has always been very independent gets extremely distressed. She has kicked doors, and swiped at staff. She feels strong emotions long after the event. Makes me mad that management don't empower the really lovely staff to deal with this more creatively. I have withdrawn my support for DOLs because I no longer believe that keeping my mum in a care home is the right answer, but don't know what the right answer is so want social services to get involved. I certainly do not believe this is the least restrictive option.
ReplyDeleteThank you for sharing your experiences Julia, although I am very sorry to read of what your mum is going through. I firmly believe that there is a better way than locking people with dementia in - as your example shows, the person will often react understandably negatively (who wouldn't!), which is then frequently labelled as 'Challenging Behaviour' (a term I don't agree with) and further restrictive or chemical cosh type action is sometimes taken in response. So important that we go back to what is originally causing the person's distress and take steps to support what the person needs, which is very often the ability to take a walk or just get some fresh air.
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