Sociology and human rights: what have they got to say about care and dignity?

Abstract

The focus of this contribution mainly falls on the relevant policy concerning care in the United Kingdom pertaining to older people, people with mental ill health and anyone else in receipt of health and/or social care services. It offers an attempt to consider the impact that sociology could have on improving the ethical practices of care. Attempts to assert rights in residential care have been challenged by a dominant culture that has eroded claims to citizenship. It is argued that this is due to a legal emphasis on regulation through care standards that has limited use because it avoids the realities of care. This contribution argues that a purely legal understanding of human rights is inadequate to address the social realities of inadequate care. The treatment of and provision of care for people living in long-stay institutions requires a human rights framework that operates socially rather than legally to recognise lived experiences in order to empower and emancipate.

Keywords:

• care
• disability movement
• ethics of care
• equality
• human rights

Acknowledgements

This contribution has been informed from a think tank event, held in Glasgow in April 2009. The event was the fourth in a series organised as part of a Knowledge Exchange project funded by the Scottish Funding Council, looking at promoting best practice on equality and human rights in Scotland, the grant was held by Nick Watson (University of Glasgow) and Sheila Riddell (University of Edinburgh). I worked full time as a research fellow on this project.

This contribution has been developed from a paper presented to the British Sociological Association's Sociology of Rights Study Group at a Human Rights Workshop held on 30th October 2009 at the Institute of Commonwealth Studies in London.

Notes

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The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers, etc.) (No.2) Order 1999 created a Scottish parliament and devolved governance over many sectors including health, social care and education. Some legislation reserved to Westminster (including the HRA) takes precedence over devolved legislation so that how the HRA has impacted in Scotland can be considered in comparison with England and Wales, http://www.oqps.gov.uk/legislation/uk/si/si1999/uksi_19993321_en_1 (accessed 18 February 2010).

Key contributions to date include A. Woodiwiss, Human Rights (London: Routledge, 2005); R. Morgan and B.S. Turner's edited book Interpreting Human Rights: Social Science Perspectives (London: Routledge, 2009); and L. Morris's edited book Rights: Sociological Perspectives (London: Routledge, 2006) that championed the work conducted at the University of Essex.

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B.S. Turner, ‘A Sociology of Citizenship and Human Rights: Does Social Theory Still Exist?’, in Interpreting Human Rights: Social Science Perspectives, ed. R. Morgan and B.S. Turner (London: Routledge, 2009), 177–199.

P. Hynes, M. Lamb, D. Short and M. Waites, ‘Sociology and Human Rights: Confrontations, Evasions and New Engagements’, The International Journal of Human Rights, 14, no. 6 (2010): 811–832.

N. Watson, J. Ferrie, S. Riddell, S. Edward and E. Weedon, ‘What Does the Human Rights Agenda Have to Say about Care and Dignity?’, CREID Briefing No. 20, 2009, http://www.creid.ed.ac.uk/Papers/briefing20_may09.pdf (accessed February, 2010). The Human Rights and Care event was the fourth in a series of five-day events. The aim was to bring together academics, public and voluntary sector workers, equality groups and those they represent and relevant non-government organisations working in Scotland to exchange knowledge. Delegates were invited to reflect on the impact of equality and human rights frameworks on: further education; asylum and migration and the equality strands. Further information about the other events in this Knowledge Exchange series can be found at: http://www.creid.ed.ac.uk/papers (accessed 19 February 2010).

B.S. Turner, ‘A Sociology of Citizenship and Human Rights’ 177–199.

G. Dalley (2009), in Watson et al., ‘What Does the Human Rights Agenda Have to Say about Care and Dignity?’, 1. Dalley presented a keynote address at the ‘Human Rights and Care’ think tank event in her capacity as Chief Executive of the Relatives and Residents Association, an organisation that campaigns for access to adequate care. Dalley has written about the care needs of disabled people and older adults. For example: G. Dalley, Disability and Social Policy (London: Policy Studies Institute, 1991); and G. Dalley, Ideologies of Caring: Rethinking Community and Collectivism (London: The Macmillan Press, 1988). This reference relates specifically to the presentation given at the think tank event and a synopsis of this is provided in Watson et al., ‘What Does the Human Rights Agenda Have to Say about Care and Dignity?’

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Ibid., 50.

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Ibid., 56.

Ibid., 56.

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Ibid., 62; Health and Social Care Act 2008, Section 145 (1–5).

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Early scholars contributing to the recognised discipline of the disability movement graduated from activism into academia. Political activists such as Vic Finkelstein and Mike Oliver had campaigned for equality in groups such as UPIAS (Union of the Physically Impaired Against Segregation, Disability Challenge, vol. 1 (London: UPIAS, 1981)) and the British Council of Disabled People, producing the ‘Social Model’. The model was a conceptual tool to distinguish between impairment and the social, physical and structural barriers that produce disability. Jenny Morris provides an engaging and concise introduction: Morris, ‘Impairment and Disability’, 1–16.

M. Oliver, Disability, Citizenship and Empowerment (Milton Keynes: Open University Press, 1993).

C. Pearson. ‘Keeping the Cash Under Control: What's the Problem with Direct Payments in Scotland?’ Disability and Society 19, no. 1 (2004): 3–14.

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Ibid., 13–14.