Analysis of Human Rights and Ethical Issues in Aged Care: A Report

This report delves into the critical human rights and ethical issues arising within the context of aged care, focusing on a case study involving an elderly couple, Dora and Simon. The report identifies key challenges, including the negligence of the right to family life, violations of informed consent for medical treatment, and the lack of a holistic and integrated care approach. It meticulously analyzes the impact of these issues on patients and their families, highlighting the emotional and physical consequences. The report then examines relevant codes of conduct, legal frameworks, and potential solutions to address these challenges, advocating for greater family involvement, respect for patient autonomy, and the implementation of comprehensive care strategies. The conclusion underscores the importance of upholding human rights and ethical principles within aged care to ensure the well-being and dignity of all individuals.

CULTURE SOCIETY AND
ETHICS

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................2
DESCRIPTION...............................................................................................................................2
DISCUSSION..................................................................................................................................2
Issue 1: Negligence to right to family in aged care....................................................................2
Issue 2: Violation of consent to medical treatment.....................................................................4
Issue 3: Lack of holistic or integrate care approach....................................................................5
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Human rights are defined as the norms or behaviour standards which describes the nature
and practices of humans in society (Dunn, Lesyna and Zaret, 2017). These rights are protected by
international laws as well as local council’s legislations. Regardless of social identity, age,
gender, religion and race these rights are provided to every individual in the society. It is the
responsibility of the regulatory authorities and social service providers to protect and respect
these laws so that dignity, equality and independence can be granted to people in society.
Though human rights are granted to all individuals but often these laws are not taken into
considerations while providing social and health care services (Sreenivasan, 2016). On many
occasions these rights are also threatened due to age of gender of individual. The report will
discuss the human rights and ethical issues which are challenged in case study of Dora and
Simon. It will identify the key issues highlighted in the scenario along with the possible solutions
and legislative framework available for addressing the issue.
DESCRIPTION
Dora is blind and is also suffering from Alzheimer’s. She and her husband Simon both
are married for 59 years and are living happily. However in an event of an accident when both
Simon and Dora get injured, Simon was not able to take care of his wife until his complete
recovery. Thus Dora was sent to a nursing home. Simon used to visit nursing home on daily
basis so that he can remain emotionally available for his wife and she does not feel along in the
nursing home. However local authorities have decided to shift Dora permanently to nursing
home which is too far from the home of Simon. Thus after shifting Simon as well as their
children will not be able to meet Dora every day. The decision does not involve the consent of
Dora as well as her family member who are not agree with the fact that they will not be able to
meet her.
DISCUSSION
Issue 1: Negligence to right to family in aged care

Impact of issue:
The service provider authorities did not find it necessary to consult with Dora as well as
with Simon or their children regarding decision of shifting to permanent nursing home. The
family of Dora has right to participate in decision making as well as to seek any other alternative
if they do not find it satisfactory. The issue can have adverse impact on Simon and children as
they may feel emotionally shattered by thought of not meeting Dora on daily basis (Castillo and
et.al., 2017). Simon may also face other critical health issues due to emotional trauma and stress
in the elderly age. It is also possible that without support or in absence of family members Dora
may also not respond properly to the required care and it can also worsen her health condition.
Code of conduct and policies
From the perspective of human rights and family life service providers must ensure that
all individuals have right to live happily with their family members. Thus in care provisions also
along with the service users, family must also be involved in the decision making. In social care
service providers must also follow ethical practices and thus they must also consider the consent
of the patient. Prior taking any decision regarding shifting they must have also discussed it with
Dora so that she can also make relevant decision.
Legal framework:
Under human right acts right to family life is also granted which ensure that family
members have right to participate in the decision of their family members (Mozley, 2017). The
service providers cannot separate Simon and children forcefully from Dora without their consent.
In given situation as family members of Dora are not comfortable with the decision then nursing
home must keep Dora in same place so that she and her family members can meet each other.
Solution:
It would be appropriate that nursing home must keep Dora at current location. It will
make it easy for her husband and children to regularly visit her. Since family members of Dora
need her support thus if possible home care services can also be provided to Dora so that she can
be treated at her home. The surrounding and support from her loved one’s will serve as great
option for her satisfactory care.

Impact of solution:
If Dora is kept in the same nursing home then she will feel emotionally secure and
comfortable by the presence of her husband. The solution will also be feasible for the children as
they will get an easy option to visit their mother. The proposed solution will also allow all
stakeholders to provide their equal contribution and consent in the care plan and strategies of
service providers. It will also secure the fundamental rights of family to live peacefully and
comfortably with each other. It will also act as mile stone in improving emotional as well as
physical health of Dora as well as Simon and their children.
Issue 2: Violation of consent to medical treatment
Impact of issue:
Due to Dora’s suffering from Alzheimer as well as age related factor she is not able to
make her all decisions alone. From 59 years her husband is taking care of her. However when
nursing home decided to shift her away from her home and existing service setting. The decision
does not have consent from patient as well as from her family members. Dora and her husband
who is deeply connected with her emotionally may have adverse impact on their health. It can
even have negative impact on the health outcomes of both Simon and Dora.
Code of conduct and policies
It is important for the health and social care service providers that they must receive
consent of patient for all services they provide so that their human rights of freedom, decision
making and independence are not violated (Dunn, Lesyna and Zaret, 2017). In cases when
patient is suffering from mental disorders like Alzheimer or older age family members must also
be given right to take decision on behalf of patient so that best services can be delivered to the
service user.
Legal framework:
According to Mental health act 2014 treatment and care provisions in mental disorders
must be held in a way such that it is compatible with the human rights (Rantell and et.al., 2016).
There must not be any on- consensual treatment which violates the fundamental rights of an

individual. The decision of nursing home does not have consent from Dora as well as her family
members which is crucial due to Alzheimer state of Dora.
Solution:
It is recommended that nursing homes must consider that patient and family members
have right to choose the type of care they need for their welfare. Dora and her family consider
that if Dora will remain in the existing setting then it will be more appropriate for her as well as
for her husband and children. Thus prior making any decision regarding shifting the service
providers must seek for the confirmation of Dora as well as Simon. In case if shifting is
necessary then they must try to justify their actions with suitable reasoning so that Simon can
give his consent. Nursing home must make additional arrangements as well to ensure that even if
Dora is shifted to other place then necessary arrangements are made for Simon and children so
that they can regularly visit Dora.
Impact of solution:
When consent of service users and other carers from family is taken then it leads to
development of better care plan. When Simon and Dora will also required providing the consent
to treatment related decisions then they both will be able to give necessary recommendations
which will be suitable for well being of both individuals. The right to take decisions related to
own health will also enable Dora and her relatives to access better options of health services
along with social and emotional security. The right to consent and involvement of service users
also enhances the quality of services and well being of service users and associated individuals.
It will also lead to foundation of best practices for health and social care service providers who
otherwise may neglect the interest and needs of users (Smith and et.al., 2019).
Issue 3: Lack of holistic or integrate care approach
Impact of issue:
The service providers considered only physical well being of Dora and all other aspects
of holistic care were neglected by the staff members. The service providers were aware with the
fact that Simon visits her daily despite this they neglected the emotional well being of Dora and
her husband. The issue can be harmful for the overall quality of care provided to users. For

achieving the high quality services it is necessary that a holistic approach must be adopted by the
service providers. Thus if issue is not resolved then it can lead to various inefficiencies in service
quality and health outcomes of the individuals.
Code of conduct and policies
To build therapeutic relationship with patients, to have patient consent and to ensure their
safety and overall well being is one of the essential standards of Australian health care standards.
Thus it is required by social workers and health professionals that they must adopt care strategies
which meet the holistic needs of patient (Williams and et.al., 2016). Service providers must work
in collaboration with the multidisciplinary teams, family members and patient to ensure that
along with physical, emotional and social needs of patient are also satisfied.
Legal framework:
All individuals have right to access the quality and safe health care services. The
professional must take all necessary measures so that an integrate care can be delivered (Teo,
Chong and Venkatasalu, 2018). The purpose of such type of care is to regulate that patient
safety and needs are not neglected and decisions which best promotes the patient safety and
welfare are promoted.
Solution:
For solving this issue it is recommended that social care workers and service providers
must be given appropriate training so that they can understand the needs of service users. An
integrated care approach must be adopted and implemented within all social and health care
services. Further there must be regular monitoring process to ensure that service users are
satisfied with the service quality they are being provided. The decisions must be made in
collaboration with the family members of patients.
Impact of solution:
On implementing the recommended solutions, care service providers will be able to
ensure that community and families are also involved in the practices. Thus it will also ensure
that ethical practices are followed by the professionals. It will also enhance the knowledge

among communities and they will be more aware and concerned about the decisions taken by
these professionals (Bantjes, Swartz and Niewoudt, 2017). These solutions are also mandatory
for enhancing the community concerns and awareness towards fundamental rights of individuals.
The integrated framework results in better and quick recovery of individuals and quality life in
the care homes which need support and cooperation from the service providers. Thus it is
necessary that these solutions must be taken into considerations with suitable implementation
strategies.
CONCLUSION
It can be concluded from the above discussion that human rights are mandatory for the
society and welfare of individuals. Thus it is necessary that service providers must ensure that
these fundamental rights are given respect. It has been also analysed that in situations when
individuals feels that their rights are violated then they must raise their voice over the issue. They
must use appropriate legal solution for addressing the issue. From the analysis of case study of
Dora and Simon it has been also evaluated that people along with the care service providers must
understand the fundamental laws related to an individual or society. It will help improve the
ethical values in society which are often neglected due to lack of appropriate monitoring and
legislative framework. The service providers must remain aware regarding their duties and
fundamental rights of other people in society.

REFERENCES
Books and Journals
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South Africa: lessons from health care professionals working with suicidal inmates in the
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Castillo, C.H.M. and et.al., 2017. Access to health care as a human right in international policy:
critical reflections and contemporary challenges. Ciencia & saude coletiva. 22. pp.2151-
2160.
Dunn, J.T., Lesyna, K. and Zaret, A., 2017. The role of human rights litigation in improving
access to reproductive health care and achieving reductions in maternal mortality. BMC
pregnancy and childbirth. 17(2). p.367.
Mozley, C., 2017. Towards Quality Care: outcomes for older people in care homes. Routledge.
Rantell, A. and et.al., 2016. Minimum standards for continence care in the UK. Neurourology
and urodynamics. 35(3). pp.400-406.
Smith, S.J. and et.al., 2019. An audit of dementia education and training in UK health and social
care: a comparison with national benchmark standards. BMC health services
research. 19(1). p.711.
Sreenivasan, G., 2016. Health care and human rights: against the split duty gambit. Theoretical
medicine and bioethics. 37(4). pp.343-364.
Teo, S.P., Chong, J.X. and Venkatasalu, M.R., 2018. Internationalisation of Gold Standards
Framework use in Primary Health Care. Age and ageing.
Williams, L. and et.al., 2016. Improving Skills and Care Standards in the Support Workforce for
Older People. Health Services and Delivery Research, 4(12), pp.1-146.