Closing the loophole: Care services and human rights protection – Sanchita Hosali and Helen Wildbore

UK Human Rights Blog

Care homeMuch of the House of Lords debate surrounding yesterday’s Second Reading of the Care and Support Bill focused on seeking solutions to complex issues around the future provision of care. Additionally, as several peers flagged, the Bill also provides a timely opportunity to clarify which bodies have legal obligations to uphold protections under the Human Rights Act. Baroness Campbell noted “those who receive their care not from a public authority but from a private body lack the full protection of the Human Rights Act…[This] is a loophole that must be closed.”

What loophole?

Section 6 of the Human Rights Act essentially creates a legal duty to respect, protect and fulfil certain human rights (drawn from the European Convention on Human Rights). This duty is placed on public authorities and those performing “public functions”. The second type of body – those performing public functions – has proved somewhat awkward in practice…

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About thepositivevoice

We originally set out to advocate and campaign for and on behalf of people living with HIV in Greater Manchester. But we chose to slightly change our name by adding beyond. Therefore our name is Greater Manchester & Beyond of People Living With HIV & AIDS. Cause there are many issues that affects people living with HIV we now look ate other health and social care issues that will affect people living with HIV in their everyday lives. For the purpose of this site we have chosen a strap-line name hence our user name here - this is of course "thepositivevoice". The reason for this is often the issues that affect us can be quite daunting and discriminatory to our very existence. So whatever negative we hear and see - we endeavour to turn that into a positive. There are many examples where a negative has turned into a positive and one of those example is the term "Queer" - well that is also quite interesting as some people in the lesbian and gay community don't like that very word - some have decided to own it. Therefore any person that calls another person (the example here) queer - some gay people will reply yes we are. As time moves on and I as the author of this blog - information will be never-ending. So watch this space.
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