Using the Human Rights Act used to challenge the blanket use of tilt-back chairs in a nursing home

An NHS nursing home in London had a practice of routinely placing residents in special ‘tilt-back’ wheelchairs, regardless of their mobility needs. This meant that residents who were able to walk unaided were stopped from doing so. This had a severe impact on their ability to make choices about everyday activities, as well as their capacity to feed themselves and use the bathroom.

A consultant pointed out to staff that their failure to consider the different mobility needs of individual residents was contrary to the principles set out in the Human Rights Act. She drew particular attention to the right to respect for private life (Article 8), which emphasises the importance of dignity and autonomy, and the right not to be treated in a degrading way (Article 3).

As a result the nursing home stopped the blanket practice and residents who could walk were taken out of the chairs and encouraged to maintain their walking skills.

For more information see BIHR's The Human Rights Act: Changing Lives (2nd Edition, 2008).

About British Institute of Human Rights

BIHR is an independent human rights charity that is committed to challenging inequality and social justice in everyday life in the UK.

We want a society that has become stronger because all human beings are equally valued, can participate fully and are treated with fairness, dignity and respect.

We believe that human rights have meaning and benefit for everyone. They are not just abstract or legal concepts and documents – they can be brought to life, and used practically to create a fairer, more tolerant society and tackle inequality and disadvantage.

We think that this can only happen if human rights are understood, applied and claimed, outside the courtroom and by a wide range of people and organisations.

So our mission is to bring human rights to life – supporting and empowering people and organisations to use human rights to improve their own lives and the lives of others.

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http://www.bihr.org.uk