National Care Service: Human Rights and the Charter

5. European Convention of Human Rights (ECHR)

5.1 Right to life (Article 2)

What this right means

The Equality and Human Rights Commission says that this means that nobody, including the Government, can try to end your life. It also means the Government should take appropriate measures to safeguard life by making laws to protect you and, in some circumstances, by taking steps to protect you if your life is at risk.

Public authorities should also consider your right to life when making decisions that might put you in danger or that affect your life expectancy. ^[1].

The protection of the right to life also means that there should be an effective, independent official inquiry into deaths involving a public authority ^[2].

How this right might apply to social care, social work and community health

The Scottish Human Rights Commission suggest that examples of situations in social care and community health settings where this right could be relevant include ^[3]:

• deaths through negligence
• severe malnutrition
• decisions about life saving healthcare treatment
• end of life care
• risks of suicide or self-harm

The Equality and Human Rights Commission says that ways public authorities, such as local councils and the NHS, can respect, protect and fulfil this right include ^[4]:

• providing timely medication or interventions
• safeguarding people at risk of suicide
• avoiding dangerous restraint techniques
• investigating deaths when something goes wrong
• taking steps to ensure someone is safe, if they are placed by a public authority in a home ^[2]

How does the Charter reflect this right?

The Charter says that you have rights to be protected from harm.

5.2 Freedom from torture, cruel, inhuman and degrading treatment (Article 3)

What this right means

The Equality and Human Rights Commission provides these definitions of the key words in this right ^[5]:

Torture is deliberate infliction of severe pain or suffering

Inhuman treatment is treatment which causes intense physical or mental suffering

Degrading treatment means treatment that is extremely humiliating and undignified. This concept is based on the principle of dignity - the innate value of all human beings.

This right is an absolute right. This means it must never be limited or restricted in any way.

Public authorities, such as local councils and the NHS, must not inflict this sort of treatment on you. They must also protect you if someone else is treating you in this way. If they know this right is being breached, they must intervene to stop it. The state must also investigate credible allegations of such treatment.

How this right might apply to social care, social work and community health

The Equality and Human Rights Commission say that examples of situations in a social care or health setting where this right could be relevant include:

• serious or intentional physical assault ^[5]
• severe detention conditions or restraints, for example use of restraints that cause injury ^[5]
• serious or intentional physical or psychological abuse ^[5]
• frequent or severe neglect, for example through inadequate help with eating and drinking, or personal care ^{[2] [6]}

The Scottish Human Rights Commission say that times when this right could be relevant include ^[7]:

• abuse or neglect
• lack of respect for privacy
• denial of essential medication or aids
• inappropriate use of force or restraint
• inadequate personal care

Ways that public authorities, such as local councils and the NHS, must respect, protect and fulfil this right include:

• making sure they do not subject people to this treatment
• providing resources to prevent inhuman or degrading treatment
• intervening to stop torture, inhuman or degrading treatment ^[2]

How does the Charter reflect this right?

• the Charter says that you have rights to be safe and to be protected from harm, neglect and abuse
• the Charter tells you about how the law protects you from harm if you are a vulnerable adult

5.3 Right to liberty and security (Article 5)

What does this right mean?

The Equality and Human Rights Commission says that this right focuses on protecting people’s freedom from unreasonable detention, as opposed to protecting personal safety.

You have a right to your personal freedom. This means you must not be imprisoned or detained without good reason. If you are arrested or detained, the Human Rights Act says that you have rights and sets out what should happen ^[8].

The Scottish Human Rights Commission says that unless identified in one of a range of narrow exceptions, no one should be unnecessarily detained against their will ^[9].

How this right might apply to social care, social work and community health

Examples of situations in a social care or health setting where this right could be relevant include ^[9]:

• restrictions on people’s movements within care homes or other accommodation such as locked doors or excessive restraint with bed guards for long periods
• restricting access to independent living aids
• detention of people without proper safeguards or procedure in law, who do not have the capacity to decide whether they would like to be admitted into hospital, for example those with learning disabilities or dementia

Ways that public authorities, such as local councils and the NHS, can respect, protect and fulfil this right include:

• avoiding inappropriate detention of people with care needs ^[4]
• avoiding restricting someone’s movements unnecessarily ^[4]
• making sure people have information that they understand about why they are being detained ^[2]

How does the Charter reflect this right?

• the Charter says that when rights are restricted, any restrictions must be necessary and proportionate
• the Charter says that you should be supported to be part of your community
• the Charter says you have rights to be as involved as possible in planning and decisions about your support
• the Charter says you should expect to get help to make decisions, when needed
• the Charter describes substitute decision making – the legal ways in which other people can make decisions for you, and how supported decision making could work

5.4 Right to respect for private and family life (Article 8)

What does this right mean?

The Equality and Human Rights Commission says that this protects your right to respect for your private life, family life, home and correspondence.

‘Family life’ can include the relationship between an unmarried couple, an adopted child and the adoptive parent, and a foster parent and fostered child ^[10].

‘Private life’ relates to all aspects of privacy both at home and outside of the home. It includes respect for personal dignity and autonomy ^[2].

It covers things like:

• your right to determine your sexual orientation, lifestyle, and the way you look
• your right to control who sees and touches your body
• your right to develop your personal identity and relationships
• your right to participate in essential economic, social, cultural and leisure activities ^[10]

This right means that the media and others can be prevented from interfering in your life. It also means that personal information about you should be kept securely and not shared without your permission, except in certain circumstances ^[10].

The right to respect for your home does not give you a right to housing. It is a right to enjoy your existing home peacefully ^[10].

This right can be restricted for some reasons, but if it is restricted it must be necessary and proportionate.

How this right might apply to social care, social work and community health

This right is very broad in scope and covers many different situations.

Examples of situations in a social care or health setting where this right could be relevant include:

• leaving people undressed in a public area such as a busy ward ^[10]
• taking a blood sample without permission ^[10]
• stopping someone from entering or living in their home without very good reason ^[10]
• entering someone’s home without legal authority, for example to provide care ^[10]
• providing poor quality of care which doesn’t amount to inhuman or degrading treatment ^[11]

Ways that public authorities, such as local councils and the NHS, can respect, protect and fulfil this right include:

• protecting people’s ability to see and communicate with friends and family
• providing support so that people can live in their own home, where appropriate
• providing support so that people can participate in social activities ^[11]

How does the Charter reflect this right?

• the Charter says that you have rights to get support in a way that respects your private and family life, which includes protection for your physical and moral integrity and your right to make decisions about your own life
• the Charter describes how you should be supported to maintain contact with family or friends when you live in a care home, and your right to choose an Essential Care Supporter (from 31 March 2026)
• the Charter describes your rights to be treated without discrimination and to have your views respected and responded to
• the Charter describes your rights in relation to the personal information held about you

5.5 Prohibition of discrimination (Article 14)

What does this right mean?

The Equality and Human Rights Commission say that this right requires that all of the rights and freedoms in the Human Rights Act must be protected and applied without discrimination ^[12].

They explain that it is important to understand that the Human Rights Act does not protect you from discrimination in all areas of your life – there are other laws that offer more protection, such as the Equality Act 2010.

The Human Rights Act makes it illegal to discriminate on sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

The human rights protection from discrimination includes indirect discrimination. This happens when a rule or policy that is supposed to apply to everyone equally, actually disadvantages one or more groups.

Rights to equality and non-discrimination are also provided in international human rights law.

For example:

• Article 5 of the CRPD provides for equality and non-discrimination for disabled people
• Article 6 of the CRPD provides specifically for equality and non-discrimination for disabled women
• Article 12 of CEDAW provides this protection for all women

How this right might apply to social care, social work and community health

This means that everyone, including those with care needs and carers, should be able to enjoy the rights in the Human Rights Act, without discrimination.

Examples of situations in a social care or health setting where this right could be relevant include:

• non-English speakers being presented with options without an interpreter ^[13]
• lesbian, gay and bisexual people feeling they have to remove signs of their sexual orientation from their houses when they receive home care due to fears of negative treatment ^[6]
• older people’s care workers not having skills required to communicate effectively with people with sensory impairments ^[6]
• older people’s care packages not including as much support to leave the home compared with younger disabled adults and children ^[6]

Ways that public authorities, such as local councils and the NHS, can respect, protect and fulfil this right include:

• ensuring that people are not denied services, facilities or treatment solely on the basis of their age or other characteristic
• assessing policies and practice to make sure they do not discriminate and documenting decisions
• being able to explain why some actions might be necessary to tackle inequality - for example setting up a woman-only service so that they feel safe

How does the Charter reflect this right?

• the Charter has a section about equality, dignity and respect, which describes rights that are protected by the Equality Act (2010)
• the Charter includes examples of what you should expect from your support, so that you are treated fairly