12: Describe (1500 words), the management of palliative care emergencies according to the wishes and preferences of the service user and loved ones. You should include:
• Summarise key points of current legislation relating to end of life care
• Explain your legal and ethical responsibilities with end of life patients
• Describe the local end of life care pathway including support provided by partner agencies
• Explain the importance of communication when dealing with end of life care
Care must be always patient focused, and this should be treated as a priority. There is key legislation that impacts end of life care and this is summarised beneath:
Human Rights Act 1998:
The Human Rights Act 1998 sets out the fundamental rights and freedoms that everyone in the UK is entitled to. It incorporates the rights set out in the European Convention on Human Rights (ECHR) into domestic British law. The Human Rights Act came into force in the UK in October 2000.
The following articles within the Human Rights Act 1998 are pertinent to end of life care:
Article 2: Right to life: In essence this implies that no one including any public body, government or the NHS can end an individual’s life. It also sets out safeguards that must be in place to protect life.
Article 3: The right to be treated in a humane manner, outlawing degrading, torture, or inhuman treatment. This also includes psychological or physical abuse within a health or care setting
Article 5: The right to freedom. An individual has the right to freedom, however in the case of an epidemic (Covid 19) then this right can be withdrawn by government or public bodies if an individual risks spreading an infectious disease exponentially
Article 8: The right to privacy and respect for your family and home life. This must be done without interference. This may need support being given for some individuals especially in palliative care.
Article 9: The right to free thinking, conscience, and religion. This article clarifies what treatment and end of life care is expected concurrent with religion and beliefs. Note for a belief to be consider, it must relate to important parts of human life and behaviour, be held respectfully and seriously within a democratic society
Article 14: The right to protect from discrimination in respect of these rights and freedoms. In essence this article affords the individual protection from discrimination relevant to the 16 articles within the act based on the core principle that, no matter who we are, we should enjoy the suman equal human rights with the same equal access
Equalities Act 2010:
This ACT makes it illegal for an individual, public body or employer to discriminate against an individual or groups of people within any protected characteristics. These protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sec and sexual orientation.
A public body such as the NHS must not treat you worse than someone else due to an individual’s protected characteristics. If they do, this is direct discrimination. Furthermore, they must not do something to you that will have a worse impact on you due to a protected characteristic. This is indirect discrimination.
