Dignity At Risk In Nursing Homes

The Human Rights Commission today (Monday 5 March 2012) launches its investigation report into the human rights of older people in Nursing Homes. The report’ ‘In Defence of Dignity’’ finds that practices in nursing homes are failing to deliver many aspects of care in a human rights compliant way. It also finds that current laws and regulations fall short in their ability to protect residents.
NIHRC Chief Commissioner’ Professor Michael O’Flaherty’ stated:
‘In the report we identify many practices that raise human rights concerns such as toileting regimes that are built around institutional convenience rather than the needs of residents and that oblige people to use incontinence pads. We raise concerns about lack of adequate access to liquids and of 17-hour gaps between the serving of dinner and breakfast.
We also found many devoted staff who do a first rate job and often find themselves frustrated that they do not get more time to spend with residents to give them the care and attention they are entitled to.
The protection of human rights cannot be left to chance or the goodwill of an individual carer. The Commission now calls on the Northern Ireland Executive to implement its international human rights obligations. We have made a number of recommendations to this effect. If they are implemented they will go a long way to safeguarding the dignity of our older people in nursing homes.’
On nursing home practices the report also:
 raises concern around the use of restraint’ and
 notes a worryingly inconsistent practice for the review by GPs of medication regimes.
On current law and regulations the report:
 finds that current regulations fail to integrate human rights standards. It is the Commission’s view that it is not enough that’ in some cases’ they deliver on an aspect of human rights by chance – instead’ both good sense and the government’s international legal obligations require that the human rights standards become a much more explicit basis for the regulatory system. Therefore the report:
 recommends the Nursing Homes Regulations (NI) 2005 are amended to require that nursing homes are conducted so as to promote and protect residents’ human rights
 recommends the Nursing Homes Minimum Standards (2008) should integrate human rights standards so that:
1. nursing homes are provided with guidance on how to apply human rights standards to every day care; and
2. RQIA inspections are grounded within a clear human rights framework.
 recommends the Northern Ireland Executive brings forward a statutory definition of restraint’ drawing on the international human rights standards.
ENDS
Further information:
For further information please contact Claire Martin at (028) 9024 3987.
Notes to editors
1.The Northern Ireland Human Rights Commission is an independent statutory body first proposed in the Belfast (Good Friday) Agreement (1998) and established in 1999 by the Northern Ireland Act (1998). It is answerable to Parliament at Westminster.
2.The report will be launched on Monday 5 March 2012 from 9.30 am in the Harberton Room’ Malone House’ Belfast.
3.Human Rights Act 1998: An outstanding concern remains that although all nursing home residents are entitled to protection of fundamental human rights under the European Convention on Human Rights’ those who are privately funded do not have recourse to the domestic courts under the Human Rights Act. Taking into account the extreme vulnerability of nursing home residents’ the Commission therefore recommends that:
4.Human rights law in nursing home care: The Human Rights Act states that public authorities must comply with the European Convention on Human Rights when they are carrying out their powers and duties. Centrally important for nursing home care is the cluster of rights protected by Article 8 of the European Convention on Human Rights’ which guarantees respect for dignity and personal autonomy’ family life and social relationships. Other important rights include the prohibition on inhuman or degrading treatment (Article 3); and the right to life (Article 2).
5.The main legal and policy standards that apply to nursing homes in Northern Ireland are the Nursing Homes Regulations (NI) 2005 (the 2005 Regulations) and the Nursing Homes Minimum Standards (2008) (the Minimum Standards) issued by the Department of Health’ Social Services and Public Safety (DHSSPS). The 2005 Regulations are legally binding on all nursing homes and the Minimum Standards are intended to provide more detail on how to comply with the regulations.
6. In Northern Ireland’ where it is projected that by 2047 there will be twice as many people aged 65 and over than there are today’ an increasing number of older people are cared for in residential and nursing homes. This increase has been greatest in relation to nursing homes; with the number of nursing home care packages for people aged 65 and over showing just over a 51 per cent increase in the ten-year period from March 1999 to March 2009.
7.Nursing homes: Unlike residential homes’ nursing homes provide 24-hour nursing care and the increase in available nursing care packages is indicative’ perhaps’ of the growing health needs of older people receiving long-term care.