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Difference between revisions of "Key Bill of Rights Provisions for Residential Care"
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Key Bill of Rights Provisions for Residential Care (view source)
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Some parts of Section 4 are consumer rights (e.g. s. 4 (c) and (d); these may look out of place in a Bill of Rights. However, this explicit statement is intended to address a common problem raised by the BC Ombudsperson Office of when residents moved into a care facility without knowing the costs, or what services were included. Residents and families are often unaware of Residential Care Rate Structure, or Rate Reductions and Waivers. | Some parts of Section 4 are consumer rights (e.g. s. 4 (c) and (d); these may look out of place in a Bill of Rights. However, this explicit statement is intended to address a common problem raised by the BC Ombudsperson Office of when residents moved into a care facility without knowing the costs, or what services were included. Residents and families are often unaware of Residential Care Rate Structure, or Rate Reductions and Waivers. | ||
==Section 5 - Scope of Rights== | |||
Section 5 sets out the scope of the rights, describing what limitations, if any, there are on the listed rights. | |||
===Scope of rights=== | |||
5. The rights set out in clauses 2, 3 and 4 are subject to: | |||
:(a) what is reasonably practical '''given the physical''', mental and emotional circumstances of the person in care, | |||
:(b) the need to '''protect''' and '''promote''' the health or safety of the person in care or another person in care, and | |||
:(c) The '''''rights of other persons in care'''''. | |||
The Scope of Rights section is very notable in that there are only two identified “limits” on the residents’ rights. The first is the person’s capabilities (for example, which might make it difficult to actively participate). The second justifiable limit under the Bill of Rights is ''where it can be demonstrated'' that an action to respect one resident’s right would negatively affect the health and safety of another resident or the rights of others residents. The needs or interests of staff or the provider are not relevant in this context and are not a legitimate limit on these rights. Mere possibility or conjecture that it might affect other residents’ health or safety would not be acceptable limits. | |||
{{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}} | {{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}} | ||
{{Legal Issues in Residential Care: An Advocate's Manual Navbox}} | {{Legal Issues in Residential Care: An Advocate's Manual Navbox}} | ||
