The Human Rights Act 1998 became law in Britain in October 2000, meaning that fundamental freedoms and rights are now legally upheld. Any person that is in the UK is protected under these basic human rights, which the government and public authorities have a legal obligation to abide by.
These rights are designed to ensure that every single person is protected in a fundamental way. Some of the rights detailed in the Human Rights Act 1998 are limited so as not to infringe on the rights of other people, whereas others, such as freedom from torture and degrading treatment, are absolute and without limits.
Learning Disabilities and the Human Rights Act
Over the past few years, the government and many organisations have introduced a number of initiatives and strategies that have aimed to improve the lives of people with learning disabilities through improved support, services and advocacy. The white paper ‘Valuing People’ and its successor ‘Valuing People Now’ are two such examples of this.
Since the Human Rights Act 1998 became law, the rights of children and vulnerable adults in particular have also been bolstered by the added legal effect of the Act. For instance, human rights are at the very core of Person Centred Planning, which aims to give people with learning disabilities the right to be treated and live life with the same rights, choices and opportunities as everybody else.
Relevant Human Rights
There are a number of specific rights that are particularly relevant to people with learning disabilities, and the issues that they still face in day-to-day life. Some of these include, but are not limited to Article 2, 3 and 14.
Article 2 – the right to life
This is a universal and limitless right. Those with severe and profound learning disabilities therefore have the right to life-saving medical treatment, to treatment that prolongs life. However, it also calls into question the right to life and the right of the individual to choose to die, through euthanasia. As expected, this is an extremely controversial and sensitive subject that continues to divide opinion throughout the public and professional services.
Article 3 - everybody has the right not to be tortured in an inhuman or degrading way
For people with learning disabilities, this means that they are legally protected from both mental and physical abuse, protected from living in poor conditions in institutions, with the right to be protected from any form of neglect, such as not being dressed, fed or receive appropriate care and treatment. The Human Rights Act 1998 also means that public authorities can be prosecuted should they fail to protect people with learning disabilities from abuse or neglect.
Article 14 – the right to not be discriminated against in the enjoyment of your other rights
Has a particular relevance to those with learning disabilities. Along with certain legislation such as the Disability Discrimination Act, this right helps to ensure that people with learning disabilities are not discriminated against because of their disability,in all aspects of life, including healthcare, job opportunities, the right to independent living, the right to services and support in the community.
Article 14, strengthened by the legal effect of the Human Rights Act, also helps to ensure that people with learning disabilities officially have equal rights and opportunities as everyone else.
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