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“Taking it on the chin”: older people, human rights and COVID-19

“Taking it on the chin”: older people, human rights and COVID-19 The purpose of this article is to discuss the implications of government responses to COVID-19 for older people. Governments in England and in Wales faced complex decisions when responding to COVID-19. This paper considers the impact of their actions on the human rights of older people. It argues that there is a case to answer of potential breaches of the European Convention on Human Rights. Although it is too early to come to firm conclusions as more scientific and medical evidence is required, some actions by governments seem to be based on using age as a basis for decision-making. Human rights are complex, and it is important that claims of violations satisfy the Convention, the Human Rights Act 1998, the jurisprudence of the European Court of Human Rights and other international instruments.Design/methodology/approachThe paper considers the legal framework of the European Convention and its relevance to Corona Virus Disease (COVID-19) and older people. Case law, academic research, guidance and media coverage form the basis of the research.FindingsThe governments have a strong case to answer. In defending their positions against allegations of discrimination against older people, they need to produce strong and convincing evidence including medical and scientific evidence that formed the basis of their decisions.Originality/valueThis paper is based on original research into human rights, older people and COVID-19. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Journal of Adult Protection Emerald Publishing

“Taking it on the chin”: older people, human rights and COVID-19

Williams, John
The Journal of Adult Protection , Volume 23 (2): 12 – May 24, 2021
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Publisher
Emerald Publishing
Copyright
© Emerald Publishing Limited
ISSN
1466-8203
eISSN
1466-8203
DOI
10.1108/jap-09-2020-0042
Publisher site
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Abstract

The purpose of this article is to discuss the implications of government responses to COVID-19 for older people. Governments in England and in Wales faced complex decisions when responding to COVID-19. This paper considers the impact of their actions on the human rights of older people. It argues that there is a case to answer of potential breaches of the European Convention on Human Rights. Although it is too early to come to firm conclusions as more scientific and medical evidence is required, some actions by governments seem to be based on using age as a basis for decision-making. Human rights are complex, and it is important that claims of violations satisfy the Convention, the Human Rights Act 1998, the jurisprudence of the European Court of Human Rights and other international instruments.Design/methodology/approachThe paper considers the legal framework of the European Convention and its relevance to Corona Virus Disease (COVID-19) and older people. Case law, academic research, guidance and media coverage form the basis of the research.FindingsThe governments have a strong case to answer. In defending their positions against allegations of discrimination against older people, they need to produce strong and convincing evidence including medical and scientific evidence that formed the basis of their decisions.Originality/valueThis paper is based on original research into human rights, older people and COVID-19.

Journal

The Journal of Adult Protection – Emerald Publishing

Published: May 24, 2021

Keywords: Discrimination; Human rights; Ageism; Legal; Older people; Dignity; COVID-19; Right to life

References

  • COVID-19 and human rights concerns for older persons
  • COVID-19: the impact on the human rights of older people
  • Irrational restrictions
    Andrews, J.
  • Coronavirus: Welsh care homes badly let down
  • Why did so many people die of COVID-19 in the UK’s care homes? | Society | The guardian
    Booth, R.
  • COVID‐19: use of the clinical frailty scale for critical care decisions
    Chong, E.; Chan, M.; Tan, H.N.; Lim, W.S.
  • Mortality associated with COVID-19 outbreaks in care homes mortality associated with COVID-19 in care homes: international evidence
    Comas-Herrera, A.; Zalakaín, J.; Lemmon, E.; Henderson, D.; Litwin, C.; Hsu, A.T.; Fernández, J.-L.
  • Surgery asks sickest patients to sign ‘do not attempt CPR’ form if they get COVID-19 – Wales online
    Cooper, J.
  • Admission and care of residents during COVID-19 incident in a care home
  • Care act easements: guidance for local authorities
  • The mental capacity act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic – GOV.UK
  • COVID-19 and the European convention on human rights | Strasbourg observers
    Dzehtsiarou, K.
  • Coronavirus: local authorities’ adult social care duties (the care act easements)
    Foster, D.
  • United Nations principles for older persons
  • Treatment and care towards the end of life, from ethical guidance for doctors
  • Catgate: another myth used to trash human rights
  • The fight against COVID-19: whose life counts?
    Hosali, S.
  • Editorial: diversity and ageing
    Hughes, M.; Ozanne, E.; Bigby, C.
  • Position statement on isolation and abuse of older persons during the COVID-19 pandemic
  • The government’s response to COVID-19: human rights implications
  • Human dignity and judicial interpretation of human rights
    McCrudden, C.
  • Emerging evidence on COVID-19’s impact on mental health and health inequalities
    Marshall, L.; Abbs, I.
  • Care homes ‘ordered not resuscitate’ as coronavirus pandemic took hold
    Mays, H.
  • The development of positive obligations under the European convention on human rights by the European court of human rights
    Mowbray, A.
  • COVID-19 rapid guidelines: critical care in adults. In NICE guidelines
  • NICE updates rapid COVID-19 guideline on critical care
  • Deaths involving COVID-19 in the care sector
  • Deaths registered weekly in England and Wales, provisional
  • Joint statement by the older people’s commissioner for Wales and equality and human rights commission in Wales
  • Admission and care of residents during COVID-19 incident in a residential care setting in Wales admission and care of residents during COVID-19 incident in a residential care setting
  • Proportionality and variable intensity of review
    Rivers, J.
  • When does ‘old age begin?’: the evolution of the English definition
    Roebuck, J.
  • Council faces legal challenge for suspending care act duties | community care
    Samuel, M.
  • Council says it has ‘learned lessons’ after care act legal challenge dropped
    Samuel, M.
  • Eight councils have triggered care act duty moratorium in month since emergency law came into force
    Samuel, M.
  • ‘Positive obligations’ doctrine of the European court of human rights: is it cogent or obscure?
    Sarıkaya Güler, T.
  • Old age in English history: past experiences, present issues
    Thane, P.
  • Coronavirus: cabinet minister admits government chose to prioritise testing in NHS over care homes. Retrieved august 27, 2020, from politics home
    Tolhurst, A.
  • Policy brief: the impact of COVID-19 on older persons
  • Coronavirus risk for older people: the updated picture
    Webb, E.
  • Adult social services during the COVID-19 pandemic: guidance
  • Welsh parliament health, social care and sport committee inquiry into the impact of the COVID-19 outbreak, and its management, on health and social care in Wales: report 1
  • When I’m sixty-four: lawyers, law and ‘old age’
    Williams, J.
  • COVID-19: new coronavirus variant is identified in UK
    Wise, J.
  • WHO Director-General’s opening remarks at the media briefing on COVID-19 – 11 March 2020