The legislation and codes of practice that relate to Equality, Diversity and Discrimination that apply to own role are… Health and social care act 2008 Human rights act Equality Act 2010 • Respecting the individuals and diversity of people who use Health and care services, their Carers’ and colleagues. • Promoting equal opportunities for people who use Health and Care services and their Carers’. • If any concerns arise regarding equality, diversity and inclusion then a senior member of staff should be notified as soon as the problem arises. To challenge Discrimination in a way that promote change is discussing the reasons why certain practises are in place with your manager, team leaders and colleagues and following the policies and acts of Health and social care to be used in each situation. The source of information, advice and support to use in relation to diversity, equality and inclusion would include colleagues, managers, team leaders, organisation polices and the acts of parliament.
The policy simplifies, strengthens and harmonises the current legislation to provide Britain with a new discrimination law which protects individuals from unfair treatment. It promotes a fair and more equal society and sets new standard for those who provide public services to treat everyone with dignity and respect. The Equality Act bring together over 116 separate pieces of legislation. Over the 116 pieces of legislation, there is also the main pieces. They are nine of them and these are: * Equal Pay Act 1970 * Sex Discrimination Act 1975 * Race Relations Act 1976 * Disability Discrimination Act 1995 * Employment Equality (Religion or Belief) Regulations 2003 * Employment Equality (Sexual Orientation) Employment * Equality (Age) Regulations 2006 regulations 2003 * Equality Act 2006, Part 2 * Equality Act (Sexual Orientation) Regulations 2007 Other than the acts that are covered by the legation, there are nine characteristics that are also protected by it and these are: * Age * Disability * Gender reassignment * Marriage and civil partnership * Pregnancy and maternity * Race * Religion or belief * Sex * Sexual orientation The Equality Act basically provides a code for each policy that it protects.
A professional nurse is one who puts the needs and importance of patient care above all others. The professional should exert a positive public image considering the public is where services are directed to. A professional appearance is important for making first impressions on patients and other coworkers. The first impression is always of utmost importance and plays a major role in gaining a patient’s respect and trust. Once the nurse has began establishing a relationship with their patient, they must be careful to not pass or show any judgment on a patient’s decisions, beliefs, values, or culture.
Any reports before the 1st October 2010 the Equality Act cannot help resolve the matter. Instead the victim will have to go to a legislation Act that was apparent at the time. The Act was brought in to prevent discrimination in a work place and bring the Sex discrimination Act 1975, Race relations Act 1976 and the Disability Discrimination Act 1995 together into one single Act, called the Equality Act 2010 or the Equal Opportunities Act 2010 (Gov.Uk, 2013). The equal opportunities legislation comes from the equality Act 2010. It is a law that has been put into place to prevent any discrimination against; age, sex, race, disabilities, religion, gender and sexual orientation in a work place or in society generally.
Voting Rights Act prohibits states from imposing voting qualifications for voting, on standards, practices, or procedures that deny or take the right of a U.S. citizen to vote because of race, color, or a language minority group. The Civil Rights Act of the 1960’s protects voting rights and prohibits of discrimination in employment and education on the basis of age, color, race, religion, or sex. Equal opportunity guarantees both federal and many state laws against any discrimination in employment, education, housing, or credit rights due to a person's race, color, sex, religion, national origin, or other. Equality of outcome is basically giving you the guarantee outcome of something without having to take the risk. Racial equality isn’t a new term by any means; it has been a discussion since America’s beginning.
The Care Standards Act 2000 outlines National care standards that are to be fulfilled in health and social care settings by all staff. To promote anti-discriminatory practice, legislation is in place to promote the rights of the service user, codes of conduct, policies and procedures for health care professionals to follow there is also charters and guidelines so service users can review the care they have been given. Today we live in a more secular, diverse and multicultural society. Healthcare professionals should promote service users rights, they have the right to freedom of discrimination, to confidentiality, dignity, privacy, safety and security, choices- being able to make their own decisions, and to be listened to. In hospital care settings staff can put anti-discrimination into practice by carrying out different duties, following different policies and procedures and genuinely having a good attitude.
Ethical and Legal Issues in Nursing The nurse has a unique ability to follow a specific and a general code of ethical decision-making while caring for the most vulnerable of patients. The nurse must navigate public health law, educational law, and his or her institutional policies while keeping his or her own personal beliefs from controlling what is best for the patient. Ethics are “the principles of conduct governing one’s relationships with others-basic beliefs of right and wrong…. Law is the minimum ethic, written down and enforced.” (Ellis& Hartley, 2008, p. 288) The registered professional nurse must use resources to assist her, including the ANA Code of Ethics and the state’s nurse practice act. A final influence in the case of both of these cases, as with case one, Marianne could not make her decisions, as a patient advocate, the code ethics states in provision 1.3, “The nurse respects the dignity and rights of all human beings irrespective of the nature of the health problem.
According to the ANA code of ethics, the RN’s primary commitment is to the patient and to protect the health, safety, and rights of the patient. The RN also collaborates with other health care members to meet the needs of the patient. “The nurse plays a central role in creating an environment of mutual trust and respect among all health care professionals by engaging in an open dialogue and claiming a place in the shared decision making about patient care.” (Lachman, 2009). Therefore, it is important to consider the physician’s belief system, as there are a number of medical professionals who “…refuse to deliver care that runs contrary to their moral or religious beliefs, asserting a ‘right of conscience’ or ‘right of refusal’.” (Stein, 2007). In the second case study regarding the malpractice and negligence of a nurse, the primary obligation according to the ANA code of ethics is to the patient.
According to Judson and Harrison (2010), two reasons to study law and ethics is to help health care professionals function in the highest capacity, while providing competent, compassionate care to patients, and to prevent legal issues that can end your profession (p. 3). Judson and Harrison define law, ” as a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority” (Judson & Harrison, 2010, p. 7). Ethics is essentially standardized behaviors based around what is right or wrong that surpasses what may be considered legal in certain situations. It is crucial as nurses a balance is developed that benefits the patient, but protects the nurse, as well. It is important as professionals we follow the professional code of ethics and stay within the boundaries of the law.
Although this standard implies that family members should be considered a part of the health care team, HIPAA rules and regulations need to be followed as well. This standard also implies that Mr. E’s values and right to self determination should be honored. The nursing code of ethics that I feel applies to this case study is Provision 1, “The nurse, in all professional relationships, practices with compassion and respect for the inherent dignity, worth, and the uniqueness of every individual, unrestricted by considerations of social or economic status, personal attributes, or the nature of health problems. (ANA, 2001) This code means to me that I, as the nurse, will do everything in my power to advocate for my patients right for self determination, to be open minded and value all