Understanding Rights and Responsibilities

If we agree that, as human beings, we all have rights – the right to food, shelter, education, healthcare, safety, and freedom, for example – we must also agree that someone has a responsibility to uphold these rights. They cannot exist in isolation; rights and responsibilities are inextricably linked.

In education and health and social care, the individuals we care for have rights that must be protected. But how do we define these, enshrine them in our policies and practices, and ensure they are adhered to by all? And how do we guarantee responsibility for upholding these rights?

Why do rights and responsibilities matter?

Rights are the laws and values by which we ensure equality and equity, not only in the workplace, but also in society more broadly. The UN’s Universal Declaration of Human Rights states that human rights are inherent to all of us, and the UK government’s Equality Act 2010 sets out the framework of protected characteristics designed to safeguard individuals from discrimination

Protecting the rights of individuals is incumbent on us as caregivers and practitioners, especially when we consider the nature of our settings: often, we are supporting vulnerable or marginalised individuals who may not be able to independently assert their rights, or who may not have the mental capacity to make choices that align with those rights. In such cases, we always need to consider an individual’s best interests, and may need to think about whether the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards apply.

Additionally, if we recognise that someone in our care is behaving in a way that is unsafe, compromises their own rights, or undermines the rights of others, we are duty-bound to respond in a timely and appropriate way. And while this is our responsibility, it’s not without its challenges.

When protecting rights can lead to tension

There are many reasons why the realm of rights and responsibilities can be complicated. For example, when the rights of one person encroach on those of another, the risk of tension can increase.

Let’s imagine we are supporting an individual with pica, a complex eating disorder that requires high levels of supervision. That person has the right to be safe, and we have a responsibility to uphold that right. ‘Being safe’ might involve us having to put certain restrictions in place for that individual – something that could impact the rights of others within the setting.

We may also be working with some individuals who can clearly articulate their rights, and understand what to expect within our service. Conversely, some may not have the knowledge or confidence to communicate what they are entitled to, and may not have the skills to let us know if they feel their rights are being infringed.

These sorts of scenarios are not uncommon, and can make meeting our responsibilities as staff members incredibly complex. There is a tricky balance to be struck between ensuring that no one person’s rights trump another’s, whilst also striving to meet the unique needs of every individual in our setting. In these situations, we need to ask ourselves: how do we ensure we are protecting the rights of everyone within our care, in a fair and equitable manner?

The rights and responsibilities of staff

Of course, as staff teams, we also have rights that need to be acknowledged and upheld. We have the right to feel safe at work; to be protected from workplace bullying and harassment; and to be granted adequate rest periods during the course of a day, for example.

Again, if we agree that we are entitled to these rights, we also need to establish who is responsible for upholding them. Ultimately, while employers have overall responsibility for creating safe, healthy working environments, we have a collective responsibility to ourselves and each other, as well. This might involve keeping our shared areas of work tidy and clear of clutter, or attending risk assessment training to better understand how to reduce risk for all.