Human Rights
Respect for human rights is central to the work of DHSSPS and the Health and Social Care (HSC) family of organisations. Both in policy making and through implementation of its duties, the Department seeks to actively promote a culture of human rights as well as compliance with the law and international conventions.
The Human Rights Act 1998
provides additional focus and emphasis to the rights and freedoms of individuals guaranteed under the European Convention on Human Rights The Act requires legislation, wherever enacted, to be interpreted as far as possible in a way which is compatible with the Convention rights; makes it unlawful for a public authority to act incompatibly with the Convention rights; and, if it does, allows a case to be brought in a court or tribunal against the authority.
provides additional focus and emphasis to the rights and freedoms of individuals guaranteed under the European Convention on Human Rights The Act requires legislation, wherever enacted, to be interpreted as far as possible in a way which is compatible with the Convention rights; makes it unlawful for a public authority to act incompatibly with the Convention rights; and, if it does, allows a case to be brought in a court or tribunal against the authority. The Department is also committed to fufilling its obligations under other international treaties, including UN Conventions on the Rights of the Child, the Rights of Persons with Disabilities, the Elimination of Racial Discrimination and the Elimination of Discrimination Against Women.
The Department and HSC bodies have taken forward work in two specific areas in which human rights issues may arise. Working Groups have looked at Restraint and Seclusion issues and Clinical Judgements from a human rights perspective, with the objective of helping to promote good practice in HPSS.
The Working Group on Restraint and Seclusion produced Guidance (PDF 804 KB) to assist staff, and others, to ensure that their practice is safe and meets human rights requirements.
Although the Guidance (PDF 804 KB) produced by the Working Group does not constitute formal guidance issued by the Department, it has been commended to Boards, Trusts and other bodies as having a useful contribution to make to the development of operational policies and procedures on the use of restraint and seclusion across the HSC.
