The mental health illness and require special care

The phrase “Human Rights” refers to standard rights of all individuals, regardless of nationality, race, religion, ethnicity or gender and are viewed as moral rights. Moral rights are a natural right that exists from birth, apply to everyone and universal, irrespective of which society someone lives in. These rights cannot be given up or taken away. To have rights implies that others have obligations. The government is required to respect and protect human rights. Failure by the government to do so would be a violation of human rights. In contrast to moral rights, legal rights are different as they are created by governments, apply only to some individuals , are not universal and can be given up or altered. The principle of universal rights relevant to everyone was first recognised by a document produced by the United Nations, known as the Universal Declaration of Human Rights . The document was first signed in December 1948 with the intention of improving human rights. Every year people are diagnosed with a mental health illness and require special care and support. Roughly 40% of adults in the UK who suffer from a learning disability also have a mental health condition. Depending on an individual’s particular condition and their mental capacity, will determine the most practical care solution. 63,000 people were detained under the Mental Health Act in 2015/16 in England. – an increase of 47% over the past decade. Some patients can be treated in hospitals or care homes while others may have a condition of a more serious nature and need to be admitted to a mental health ward where they will receive round the clock care. Hospitals, care homes and mental health wards are all deemed to be a safe environment for both patients and families. Their safety is the primary reason for this but also to make sure they do not leave and harm themselves or others. Sometimes patients are unable to consent to be placed into these environments and subsequently are deprived of their liberty. Article 5 of the Human Rights Act states that ‘Everyone has the right to liberty and security of person’. The case of HL v United Kingdom (the Bournewood case) changed the law and emphasised how rights were being abused. HL was an autistic man that lived with his carers, Mr and Mrs E in their cottage in Surrey. Every week HL would take the centre’s transport link to his placement. A number of years after he had gone to live with Mr and Mrs E, a new driver took a different route to his placement. HL was agitated by this and admitted to the hospital where he was detained and his carers told they not to visit him. The case was first unsuccessful in the High Court. The Court of Appeal ruled in their favour that the informal admission of HL to hospital was unlawful. In 1998 the House of Lords overturned the decision ruled by the Court of Appeal’s ruling that a man who was admitted informally to the hospital without consent had not been unlawfully detained. Mr and Mrs E disputed that the hospital had used a phrase from the Mental Health Act meaning the hospital needed to argue that their actions were in the patient’s best interest and so they appealed.

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