Walking the tightrope: the balance between duty of care, human rights and capacity

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Housing, Care and Support

ISSN: 1460-8790

Online from: 1998

Subject Area: Health and Social Care

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Document Information:
Title:	Walking the tightrope: the balance between duty of care, human rights and capacity
Author(s):	Sue Baxter, (Sitra (Services)), Helen Carr, (Kent Law School)
Citation:	Sue Baxter, Helen Carr, (2007) "Walking the tightrope: the balance between duty of care, human rights and capacity", Housing, Care and Support, Vol. 10 Iss: 3, pp.6 - 11
Keywords:	Capacity, Duty of care, Housing, Human rights, Vulnerable people
Article type:	General review
DOI:	10.1108/14608790200700015 (Permanent URL)
Publisher:	Emerald Group Publishing Limited
Abstract:	Support providers have a whole range of legal and professional responsibilities to those to whom they provide services, to their employees and to their co-workers. However, these responsibilities may be in conflict. Although the need to protect vulnerable service users from harm is important, it should be observed within a framework that protects human rights. This tension is further exacerbated by recognition that some vulnerable people are sometimes incapable of making their own decisions. Providers face the daily challenge of promoting autonomy while protecting the health and well-being of service users.