Everyone receiving care has a right to be treated fairly, with respect, as an equal and without discrimination, with dignity and with their views and wishes made central to any decisions that have to be taken. Failure in any one aspect infringes their human rights as legally defined by the Human Rights Act 1998.

Care services should have clear policies that reflect how they set about respecting the human rights of the people to whom they are providing services. Such policies should cover all users who might lack the mental capacity to take their own decisions about their care needs and whose rights might need to be protected because of the possible loss of their liberty arising from the decisions that are taken on their behalf.

A Mental Capacity Amendment Bill, which revises the system and procedures for authorising deprivation of liberty, is currently going through parliament and will probably become law later in 2019 with an agreed implementation date to follow.

This topic should be used with reference to the Mental Capacity topic.

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