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Nurses have the power to create change by using the Victorian Charter of Human Rights in their decision making and, where appropriate, to assist with concerns about treatment and decisions made by government and entities exercising functions of a public nature, such as public hospitals.
What is the Charter?
The Charter of Human Rights and Responsibilities Act 2006 (Vic) came into effect in 2007. It protects 20 fundamental human rights and is designed to ensure that human rights are valued and protected by the government for the benefit of the Victorian community. Understanding the Charter's content and practical application helps nurses and other public health workers to deliver appropriate care for patients and promote and support patients' human rights.
The Charter and public health: improving protection
Public hospitals, mental health service providers and their employees are considered 'public authorities' under the Charter.
A recent review of the Mental Health Act 1986 has been guided by the principles outlined in the Charter, making understanding of the Charter relevant at this stage and into the future. It is aimed that the Act encompasses a more 'rights-based' approach to the regulation of mental health services. For example, the review, which is still underway, is considering the issue of involuntary orders. Involuntary orders operate to limit a patient's right to consent to, or refuse medical treatment, which at first glance, is contrary to the Charter's right to protection from medical treatment without "full, free and informed consent". The October 2012 'Summary...