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Reparations for Harms Experienced in Residential Aged Care

This paper explores the possibility of reparations for harms suffered by people in residential aged care, focusing on experiences of people with dementia. We first explain how systemic and structural harms occur within residential aged care and outline how they constitute human rights violations. Us...

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Detalles Bibliográficos
Autores principales: Steele, Linda, Swaffer, Kate
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Harvard University Press 2022
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9790955/
https://www.ncbi.nlm.nih.gov/pubmed/36579315
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author Steele, Linda
Swaffer, Kate
author_facet Steele, Linda
Swaffer, Kate
author_sort Steele, Linda
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description This paper explores the possibility of reparations for harms suffered by people in residential aged care, focusing on experiences of people with dementia. We first explain how systemic and structural harms occur within residential aged care and outline how they constitute human rights violations. Using Australia as a case study, we then consider the limitations of court-based approaches to pursuit of redress and the current absence of redress from policy responses. We then propose an expansive and multifaceted notion of redress as reparations, where governments, residential aged care operators, medical and legal professionals, and civil society engage in ongoing recognition of harms and specific actions to prevent recurrence. By drawing on the United Nations Convention on the Rights of Persons with Disabilities and the Van Boven Principles, we consider the application to aged care of the framework of access to justice and reparations for human rights violations. This framework encompasses inclusive and accessible processes to access reparations for individuals in such forms as compensation and rehabilitation, and collective reparations, including apologies and public education. In order to ensure that reparations support the prevention of further harm in aged care, the design of redress could form part of broader government strategies directed toward increasing funding and access to community-based support, care, and accommodation, and enhancing the human rights of people with dementia.
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spelling pubmed-97909552022-12-27 Reparations for Harms Experienced in Residential Aged Care Steele, Linda Swaffer, Kate Health Hum Rights Research-Article This paper explores the possibility of reparations for harms suffered by people in residential aged care, focusing on experiences of people with dementia. We first explain how systemic and structural harms occur within residential aged care and outline how they constitute human rights violations. Using Australia as a case study, we then consider the limitations of court-based approaches to pursuit of redress and the current absence of redress from policy responses. We then propose an expansive and multifaceted notion of redress as reparations, where governments, residential aged care operators, medical and legal professionals, and civil society engage in ongoing recognition of harms and specific actions to prevent recurrence. By drawing on the United Nations Convention on the Rights of Persons with Disabilities and the Van Boven Principles, we consider the application to aged care of the framework of access to justice and reparations for human rights violations. This framework encompasses inclusive and accessible processes to access reparations for individuals in such forms as compensation and rehabilitation, and collective reparations, including apologies and public education. In order to ensure that reparations support the prevention of further harm in aged care, the design of redress could form part of broader government strategies directed toward increasing funding and access to community-based support, care, and accommodation, and enhancing the human rights of people with dementia. Harvard University Press 2022-12 /pmc/articles/PMC9790955/ /pubmed/36579315 Text en Copyright © 2022 Steele and Swaffer. https://creativecommons.org/licenses/by-nc/4.0/This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/4.0/ (https://creativecommons.org/licenses/by-nc/4.0/) ), which permits unrestricted non-commercial use, distribution, and reproduction.
spellingShingle Research-Article
Steele, Linda
Swaffer, Kate
Reparations for Harms Experienced in Residential Aged Care
title Reparations for Harms Experienced in Residential Aged Care
title_full Reparations for Harms Experienced in Residential Aged Care
title_fullStr Reparations for Harms Experienced in Residential Aged Care
title_full_unstemmed Reparations for Harms Experienced in Residential Aged Care
title_short Reparations for Harms Experienced in Residential Aged Care
title_sort reparations for harms experienced in residential aged care
topic Research-Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9790955/
https://www.ncbi.nlm.nih.gov/pubmed/36579315
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