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Difference between revisions of "Understanding the Bill of Rights and Residential Care"
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Understanding the Bill of Rights and Residential Care (view source)
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British Columbia‘s Bill of Rights for residential care facilities is a combination of human rights, individual freedoms, consumer rights, care and representation rights, as well as policy expectations. The rights are to be read and contextualized in light of what is reasonably practical given the resident’s physical, mental and emotional circumstances. Where necessary, a resident’s rights may need to be balanced with the need to protect and promote this resident’s health or safety, or the rights, health and safety of other residents. | British Columbia‘s Bill of Rights for residential care facilities is a combination of human rights, individual freedoms, consumer rights, care and representation rights, as well as policy expectations. The rights are to be read and contextualized in light of what is reasonably practical given the resident’s physical, mental and emotional circumstances. Where necessary, a resident’s rights may need to be balanced with the need to protect and promote this resident’s health or safety, or the rights, health and safety of other residents. | ||
The Residents’ Bill of Rights is a distillation of a number of standards of care that have been identified over the years in the former Adult Care Regulations and newer Residential Care Regulations. ([[{{PAGENAME}}#References| | The Residents’ Bill of Rights is a distillation of a number of standards of care that have been identified over the years in the former Adult Care Regulations and newer Residential Care Regulations. ([[{{PAGENAME}}#References|1]])The rights in this Bill offer a commitment to care. They also set out the residents’ rights to health, safety and dignity; rights to participation and freedom of expression; as well as rights to transparency and accountability. The general scope and any general limitations on these rights are also identified. This list of rights is required to be posted in the facility. | ||
While the Ministry of Health has described this as a “comprehensive list of rights”, ([[{{PAGENAME}}#References| | While the Ministry of Health has described this as a “comprehensive list of rights”, ([[{{PAGENAME}}#References|2]])it is important to note these are a codification of certain rights and not the only rights that residents have in residential care facilities. These identified rights are largely educational. ([[{{PAGENAME}}#References|3]]) The legal scope of the Bill is discussed in Chapter Five on “Rights, Remedies and Problem Resolution”. Unlike some Canadian jurisdictions, British Columbia’s Residents’ Bill of Rights has not been specifically identified in law as a deemed part of the residential care contract and does not give a separate right of action. However, that does not mean they are not enforceable. | ||
==Understanding the Bill of Rights== | ==Understanding the Bill of Rights== | ||
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:(c) rights to participation and freedom of expression; and | :(c) rights to participation and freedom of expression; and | ||
:(d) rights to transparency and accountability. | :(d) rights to transparency and accountability. | ||
==References== | |||
#Health Statutes (Residents’ Bill of Rights) Amendment Act. S.B.C. 2009, s.8. Bill 17 (2009). In force by Order in Council 708 December 8, 2009). Online: http://www.leg.bc.ca/39th1st/1st_read/gov17-1.htm (Last accessed May 1, 2014). | |||
#Ministry of Health. Residents Bill of Rights. Online: http://www.health.gov.bc.ca/ccf/residents_bill_of_rights.html (Last accessed May 1, 2014). | |||
#British Columbia Law Institute. (September 2013). Report on Assisted Living in British Columbia. Report No. 72, at pg. 66. | |||
{{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}} | ||
