Human Rights of Residents in Long-Term Care Facilities During COVID-19: Saving Lives at the Cost of Deprivation of Rights?

Summary

ABSTRACT

The needs of vulnerable groups, such as the elderly and people with disabilities, are often overlooked in many societies, especially in the time of crisis, such as COVID-19. The ongoing epidemiological situation poses an increased risk of infection for these populations not only due to their health status and often pre-existing co-morbidities, but also because they often live in long-term care facilities (LTCFs). As early studies are documenting, the people living in the shared accommodation or in settings which require closer interpersonal interaction are at greater risk of acquiring COVID-19. Connected to these findings are the data showing that the majority of reported COVID-19 clusters and outbreaks are in health and social care settings, mainly in the LTCFs. This result also corresponds with the confirmed COVID-19 deaths in LTCFs up to 5% and even 6% in some countries of the European Union (EU, the Union) or of the European Economic Area (EEA) of all deceased LTCFs residents. EU/EEA countries have been implementing different policies and measures to limit the spread of infections in LTCFs in order to prevent or minimise the high COVID-19 death rates. As the organisation and the operation of the LTCFs is the responsibility of various national authorities in EU/EEA countries, preparedness and response to the COVID-19 infections (the residents and the staff) is highly variable. While agencies like European Centre for Disease Prevention and Control are calling for ‘addressing physical and mental wellbeing needs’ in its recommended surveillance systems, the residents of LCTFs have been subjected to drastic isolation measures, compared not only to the general population but also to the same age groups living in the community. These restrictions, which are meant to protect the residents of LTCFs from the coronavirus, have also had severe negative impacts on their lives and family relations. By looking at the available national guidance for the LTCFs, the authors summarise the key strategies deployed, highlighting the main similarities and divergences between them. Through the lens of human rights and ethical principles, the authors examine the regulations in the LTCFs in EU/EEA countries, particularly concerning the impact of visiting bans, movement restrictions and social isolation on the human rights, dignity and quality of life of the LTC resident population.