As we grow older we still want to keep our dignity, though our body does not want to give us a nice picture in the moving world mirror.
Having been a pupil of Louise Brown and Olivia Morley, plus having been a pupil at the Royal Balletschool Elaine McDonald (°1943) joined Gore’s London Ballet in 1962 and Western Theatre Ballet in 1964 (which became the Scottish Theatre Ballet). She was a beautiful principal dancer who could move the public. I still get goose pimples when I think of her performances of Mary Queen of Scots (1976).
She received an OBE in 1983.
Being struck, not being to move like one wants to move is the most terrible thing a dancer can happen. But for any person becoming older it is awful to loose the dignity to keep oneself clean.
“You don’t like your partner cleaning you up out of your mess,” she said, explaining how her partner’s health was being ruined by having to care for her.
Therefore it is an unjustice that the British gouvernement does not want to take care any more of the elderly who are in need for assistance.
Some days ago I thought the rules for excluding care for people who had enough belongings would not become reality. I also thought persons like the ex-ballerina would find their case rectified.
But no! Unbelievable for a civilised country.It is unaccaptable that her right to dignity is also dismissed by the judges.
Elaine McDonald, 68, who had a stroke in 1999, took Kensington and Chelsea Council to court over its decision not to provide her with a night carer to help her use a commode.The court ruled the council had acted lawfully in reviewing her care plan.
Ms McDonald appealed to the highest court in the UK after she lost her case against the council at the Court of Appeal in London last October.
Michelle Mitchell, charity director at Age UK, which took the case to court, said: “Older people have a fundamental right to dignity and forcing someone to sleep in their own urine and faeces could not be more undignified.
“This judgement opens the door to warehousing older people in their own homes without regard to their quality of life.”
Supreme Court judge Lady Hale, who said she would have allowed the appeal, said she was “troubled” by the ruling.
She said: “A person in her situation needs this help during the day as well as during the night and irrespective of whether she needs to urinate or to defecate.
“Logically, the decision of the majority in this case would entitle a local authority to withdraw this help even though the client needed to defecate during the night and thus might be left lying in her faeces until the carers came in the morning.”
“Indeed, the majority view would also entitle an authority to withdraw this help during the day.”
Read and see more:
Update 2012, September 23:
- Forget patients’ wealth or age – their dignity is most important (morningstaronline.co.uk)
I seem to be in a minority in not welcoming the apparent news that the government is to implement the findings of the Dilnot commission on older people’s care.
- Protester: Cuts are telling older people to go home & die (newstalk.ie)
Protesters from around the country have gathered outside Government Buildings in Dublin to demonstrate against Health Service Executive (HSE) cuts to home help and personal assistance services.
- Death is entirely discriminatory (indialawyers.wordpress.com)
Judge Jyotsna Yagnik’s invocation of human dignity while not awarding the death penalty in the Naroda-Patiya massacre case and the Supreme Court’s expression of helplessness while confirming the death penalty of Ajmal Kasab — sentenced in the 26/11 terror attack — go to the heart of the constitutional unviability of the death penalty.
- Helping carers to stay in employment would save the Exchequer over a billion pounds a year (blogs.lse.ac.uk)
As the future direction of social care hangs in the balance until next year, Linda Pickard highlights the issue of unpaid care in England. She estimates unpaid care costs England £1.3 billion a year. Greater funding into social care, she argues, is the greatest deterrent to this loss of revenue experienced when family or friends leave unemployment to provide care for people with disabilities or the elderly.
- “Drugs, Dignity and Danger: Human Dignity as a Constitutional Constraint to Limit Overcriminalization” (sentencing.typepad.com)
The American criminal justice system is under tremendous pressures, increasingly collapsing under its heavy weight, thus requiring inevitable change. One notable feature responsible for this broken system is over-criminalization: the scope of criminal law is constantly expanding, making individuals liable to conviction and punishment for an ever-wider range of behaviors. One area where over-criminalization is most notable concerns victimless crimes, namely, individuals who engage in consensual conducts which inflict only harm on themselves but not on third parties, such as prostitution, pornography, sadomasochism, gambling, and most notably, drug crimes.
- Dillard on Competency Doctrine in Capital Cases (lawprofessors.typepad.com)
Dillard on Competency Doctrine in Capital Cases
Amy Dillard (University of Baltimore – School of Law) has posted Madness Alone Punishes the Madman: The Search for Moral Dignity in the Court’s Competency Doctrine as Applied in Capital Cases (Tennessee Law Review, Vol. 79, p. 461, 2012) on SSRN. Here is the abstract: