For the legal protection of the helpless

Over the last few years, the Finnish Consumer Agency has been part of a working group established by the National Research and Development Centre for Welfare and Health (now operating as the National Institute for Welfare and Health) which examined how being a social and health care services customer can be reflected in the activities of other sectors. Helplessness emerged as a key viewpoint.

The working group’s final report, which was published in the autumn, proposes the nationwide expansion of social credit. This would, for example, alleviate the problem arising from the fact that quick loans have become the only way of obtaining credit for a person who is poorly off.

Other proposals in the final report concern such issues as securing the continuity of care for residents in institutions and supported housing and launching patient ombudsman activities in each municipality.

Helplessness shows as deficiencies in functional ability

Helplessness prevents a person from acting as required in a given situation and circumstances. It is born from a conflict between a customer’s individual ability to function and the expectations of his or her surroundings. However, nobody is helpless always and in every situation, while everyone is helpless in certain situations and circumstances.

In terms of implementing a customer’s basic rights, it is thus contradictory to the foundations of our legal system to tie a customer’s rights to his or her own actions when the grounds for applying for services is a deficient functional ability. According to the working group, we could go as far as saying that the service system is intended for the weak, the sick and the helpless, but you have to be strong, healthy and independent to cope in it.

Preconditions for the implementation of rights include legislative amendments and changes in operating practices. The law rarely is an obstacle to implementing humane operating cultures and practices. However, administrative practices do not always work as required by the legislation and the principles of good governance.

According to the working group’s final report, problems with the implementation of customer rights focus on three groups of basic rights: 

  • Shortcomings associated with personal integrity, dignified life and protection of privacy find a concrete expression in deficiencies in the regulation, and implementation of the regulation, on solving problems to do with surviving, living and housing.
  • Financial problems are reflected in over-indebtedness resulting from the inadequacy of basic security and incapability of managing one’s affairs, problems resulting from changes in life situations and becoming dependent on last-resort income support.
  • Shortcomings in legal protection are about administrative practices not based on law. They are visible for example in problems with advisory services, the mismatch of customer needs and actions of the authorities, and ignorance of both parties of their own rights and obligations.

 

10/01/2012

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