Legislation and rights - Week 4

Definitions and comparisons of key terms:
- Right: Something to which a person is justly entitled.
- Moral Right: Based on a sense of fairness.
- Legal Right: Derived from laws.
Review of basic human rights protected by the Canadian Charter of Rights and Freedoms.
Key objectives of the Human Rights Act:
- Prevent discrimination.
- Promote and advance human rights.
Guaranteed rights for clients in long-term care and community care settings.
Situations where clients may not exercise their rights and methods for protection.

Specific rights of clients:
- Right to be treated with dignity and respect.
- Right to privacy and confidentiality (including electronic privacy).
- Right to give or withhold informed consent.
- Right to autonomy.
Understanding informed consent and its importance.
The necessity of listening to clients and respecting their decision to refuse treatment.
Types of consent forms:
- Advance Directive: A document stating wishes regarding medical treatment.
- Substitution Decision Maker for Personal Care: A designated individual who makes decisions for another unable to.
- Substitution Decision Maker for Property: A representative for decisions about property.

Legislation comprises laws governing behavior and protecting client rights in healthcare settings.
- Ensures safe and skillful care and support for workers’ and clients’ rights.
- Establishes foundational client-worker relationships through understanding rights and responsibilities.

Clear definitions:
- Right: Entitlements of an individual.
- Moral Rights: Based on fairness and morals.
- Legal Rights: Established through legal frameworks.

Enumerates basic rights and prohibits discrimination based on:
- Race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex, sexual orientation, disability, age, marital status, family status, record of offences, religion.
Specific freedoms guaranteed:
- Conscience and religion, thought and expression, peaceful assembly, the right to vote, and rights to life, liberty, and security.

The Human Rights Code aims to prevent discrimination and promote human rights across various domains including:
- Indigenous rights, age and disability discrimination, gender identity, housing, pregnancy rights,
- Protection against racism, religious rights, and sexual orientation discrimination.

Each province/territory has laws addressing healthcare rights and freedoms.
- Circumstances preventing clients from exercising rights include:
  - Illness, disability, age-related issues, requiring advocacy.
Legislation includes acts (laws) and regulations (specific rules).
Non-compliance can result in penalties including loss of facility licenses.

Outlines the regulations and standards for care in long-term facilities, prioritizing quality of care for residents.

Summarizes extensive regulations into a list of fundamental rights for clients, including:
- Dignity, respect, privacy, confidentiality, autonomy, and informed consent.

Patients have the right to:
- Dignity and respect in care.
- Autonomy in decision-making.
- Privacy and confidentiality.
- Be informed and speak out, ensuring protection from abuse.

Importance of guarding personal information and allowing private conversations during care.
Information should only be accessible to essential personnel involved in client care.

Every individual has the right to consent before medical treatments.
Informed consent requires a full understanding of:
- Treatment rationale, procedures involved, outcomes, and alternative options.

Used when clients are unable to make informed decisions:
- May include legal guardians or family,
- SDMs for health decisions and property designations are established by legal documents.

Documents expressing wishes on end-of-life care are critical, though not all are legally enforceable.
Living wills encourage family respect for client wishes, if issues arise.

Sorrentino, S.A., Remmert, L., Wilk, M.J., Newmaster, R. (2013). Mosby Canadian textbook for the support worker, (4th Canadian ed.). Toronto: Elsevier.