HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Monday, July 12, 2021

Ending Confinement and Segregation: Barriers to Realising Human Rights in the Everyday Lives of People Living with Dementia in Residential Aged Care

Linda Steele (University of Technology Sydney), Kate Swaffer, Ray Carr, Lyn Phillipson (University of Wollongong), Richard Fleming (University of Wollongong), Ending Confinement and Segregation: Barriers to Realising Human Rights in the Everyday Lives of People Living with Dementia in Residential Aged Care, Austl. J. Hum. Rts (2020):

Human rights are increasingly being considered in Australian law reform and policy discussions on how to improve the circumstances of people living with dementia in residential aged care facilities. This article enriches understanding of the views on human rights held by people living with dementia and those who support, advocate and care for them, in order to ensure that law and policy reforms which promote human rights can be meaningfully enjoyed in practice. Drawing on data from focus groups and interviews with people living with dementia, care partners, aged care workers and lawyers/advocates, this article argues there is general support for human rights. However, this support was qualified by their acknowledgement of entrenched economic, cultural and sociolegal barriers to their recognition in the everyday lives of people living with dementia. The article concludes that urgent action is required to transform the cultural, economic and social drivers of ambivalence and resistance towards dementia and human rights within aged care and the broader community.

https://lawprofessors.typepad.com/healthlawprof_blog/2021/07/ending-confinement-and-segregation-barriers-to-realising-human-rights-in-the-everyday-lives-of-people-living-with-dementia-i.html

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