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Deprivation of liberty: Human rights (DoLS) |
Proportionality
A key concept of human rights legislation is that of “proportionality” – any interference with someone’s rights must not extend further than the point at which the purpose is achieved. The MCA 2005 also contains this concept, being underpinned by the five statutory principles. Principle five addresses this issue directly, asking that intervention is “less restrictive of the person’s rights and freedom of action” MCA 2005 s1 (6).
Next:
Article 5 European Convention on Human Rights
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0 Introduction
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1 Reflecting on values and bias within mental capacity decision-making
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2 The history and current context of mental capacity legislation and policy
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3 The concept of mental capacity
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4 Best interests
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5 Supported decision making
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6 Deprivation of liberty: human rights
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7 MCA in clinical decisions for care and treatment
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8 MCA and the Office of the Public Guardian (OPG) role
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9 Conclusion