3. Equality and Diversity Policy and procedure. 1.2 This legislation and policies provides a framework to ensure that people with learning disabilities are treated with respect and dignity without violation of their civil and basic human rights. 2.1 The Department of Health, in Valuing People (2001), defines “Learning Disability” as: • Significantly reduced ability to understand new or complex information, to learn new skills • Reduced ability to cope independently which starts before adulthood with lasting effects on development. Learning Disabilities can also be defined as a variety of disorders that affect the acquisition, retention, understanding, organization or use of verbal and/or non-verbal information.
In its preamble the Universal Declaration of Human Rights recognises that the inherent dignity and the equal and inalienable rights of all members of the human family are the foundation of freedom, justice and peace in the world. The human rights of people with learning disabilities are inseparable from those of their fellow citizens. In March 2008 the Joint Committee on Human Rights (the House of Lords and the House of Commons) issued a report: A Life Like Any Other? Human Rights of Adults with Learning Disabilities. This stated that the HRA “provides a legal framework for service providers to abide by, and for service users to demand that they are treated with respect for their dignity”.
Explain the role of supportive relationships in reducing the risk of abuse and neglect (P6) Discuss the role of supportive relationships in reducing the risk of abuse and neglect, using examples (M3). There are many roles within the health and social care sector that professionals must cover in order to reduce the risk of abuse and neglect. In order to provide this, carers must obey the individual’s rights – firstly professionals must ensure clients are aware of their rights. “Individual rights refer to the liberties of each individual to pursue life and goals without interference from other individuals or the government.” http://learningtogive.org/papers/paper29.html A part of each and every individual’s rights is their human rights, which was enforced by ‘The Human Rights Act 1998’. “The Act sets out the fundamental rights and freedoms that individuals in the UK have access to.
Unit 4222-245 Outcome 1. Understand the legislation and policies that support the human rights and inclusion of individuals with learning disabilities 1. Identify legislation and policies that are designed to promote the human rights, inclusion, equal life chances and citizenship of individuals with learning disabilities * Mental Capacity Act 2005 * Human Rights Act 1998 (became law in 2000) * Care Standards Act 2000 * Disability Discrimination Act 1995 (amended 2005) * Equality Act 2010 * National Health Service and Community Care Act 1990 * Organisational and local policies and procedures * Codes of Conducts 2. Explain how these legislation and policies influence the day to day experiences of individuals with learning disabilities and their families Those with learning disabilities have the same fundamental rights as everyone else. However, getting a job, an education, going for a drink or to the cinema etc remains a struggle for them.
Unit 4222-245 Understand the context of supporting individuals with learning disabilities (LD 201) Outcome 1 Understand the legislation and policies that support the human rights and inclusion of individuals with learning disabilities 1. identify legislation and policies that are designed to promote the human rights, inclusion, equal life chances and citizenship of individuals with learning disabilities 2. explain how this legislation and policies influence the day to day experiences of individuals with learning disabilities and their families. Outcome 2 Understand the nature and characteristics of learning disability The learner can: 1. explain what is meant by ‘learning disability’ 2. give examples of causes of learning disabilities 3. describe the medical and social models of disability 4. state the approximate proportion of individuals with a learning disability for whom the cause is ‘not known’ 5. describe the possible impact on a family of having a member with a learning disability. Outcome 3 Understand the historical context of learning disability The learner can: 1. explain the types of services that have been provided for individuals with learning disabilities over time 2. describe how past ways of working may affect present services 3. identify some of the key changes in the following areas of the lives of individuals who have learning disabilities: • where people live • daytime activities • employment • sexual relationships and parenthood • the provision of healthcare. Outcome 4 Understand the basic principles and practice of advocacy, empowerment and active
1.1 Identify the legislation and policies that are designed to promote the following. 1.2 Explain how they influence the day to day experiences of individuals with learning disabilities and their families. Human Rights The Human Rights Act 1998 This act has many rights; amongst them are the right not to be discriminated against. The Mental Capacity Act 2005 This act states that everyone should be treated as able to make their own decisions until it is shown that they are not able to. Disability Discrimination Act 1995 and 2005 The Disability Discrimination Act (DDA) aims to protect disabled people from discrimination.
Employment Responsibilities and Rights in Health, social Care or Children’s and young people’s Settings 1) Know the statutory responsibilities and rights of employees and employers with own area of work. There are a number of laws and regulations which have been written to protect you at work; they also protect your colleagues, the people you will work with and their families. As is usually the case, with rights go responsibilities; these laws also explain / advise you what you are expected to do and how you should behave at work. Main features of Current Employment Legislation are: I. Workplace Regulations: laws that keep everyone safe and reduce hazards and manage risks.
Unit 4222-245 Understand the context of supporting individuals with learning disabilities (LD 201) 1.1 & 1.2 Identify legislation and policies that are designed to promote the human rights, inclusion, equal life chances and citizenship of individuals with learning disabilities. Explain how this legislation and policies influence the day to day experiences of individuals with learning disabilities and their families Disability Discrimination Act 1995 – made it unlawful for employers to discriminate against people on the basis of a disability. It ensured that provisions for disabled people in employment are made and increased the chances of individuals to live a full life and achieve their goals. Human Rights Act 1998 – protects the rights of all individuals and enshrines the right to life, privacy and not to be subjected to degrading or inhuman treatment which improved the standards of care given to individuals with a learning disability. Mental Capacity Act 2005 – set out the assumption that an individual has the mental capacity to make decisions for themselves unless it can be proved otherwise.
Other responsibilities are the Data Protection 1998, Safeguard Vulnerable Groups Act 2006, Every Child Matters and The Copyright Act. Other legislations are The Children Act 2004, Equality Act 2010, Disability Discrimination Act 2005 and the United Nations Charter on Human Rights. I need to provide and maintain a safe and supportive environment as discussed by Abraham Maslow (1908-1970 where he mentions the idea of intrinsic and extrinsic motivation. He argues that it is: ‘The role of the teacher is to create an environment where learners feel part of a group and all contributions have worth.’ There are boundaries within my role as a tutor where I need to understand the organisational structure of the company I work for, The needs of the candidates and the relevant professional bodies I may need to refer to. Other codes of practise will include timekeeping, dress code and disciplinary procedures within my organisation.
UNIT 4222-245 UNDERSTAND THE CONTEXT OF SUPPORTING INDIVIDUALS WITH LEARNING DISABILITIES. OUTCOME 1: Legislation and policies designed to promote human rights, inclusion, equal life chances and citizenship of individuals with learning disabilities are mainly the Human Rights Act along with the Disability Discrimination Act, Mental Health Act, Community Care Act and National Health Services Act. People with a learning disability have the right to experience a full range of relationships including friendships and community links as well as personal relationships which can be difficult for individuals with a learning disability. Everyone has the right to life regardless of having or caring for someone that has a learning disability. Your human rights, whether you have a learning disability or not are the same.