The main important legislation is the human act right (1998). This is a legislation which says that all human rights are covered. This indicates that every human being has their rights to themselves and also they can take legal action against any individual who doesn’t take their human right into consideration. The human right legislation is important in health and social care and it must be applied to every service user or care provider. All service users and care providers must have their rights put into consideration in order no to feel discriminated against.
Act gives a comprehensive list of sex offences to protect individuals from abuse and exploitation, and is designed to be fair and non-discriminatory. 2. Mental Capacity Act. 2005 The Mental Capacity Act is designed to protect people who can't make decisions for themselves or lack the mental capacity to do so. This could be due to a mental health condition, a severe learning disability, a brain injury, a stroke or unconsciousness due to an anaesthetic or sudden accident.
Unit 2: Equality, diversity and rights in health and social care P4: explain how national initiatives promote anti-discriminatory practice Law or regulation | Areas covered | European Convention on Human Rights and Fundamental Freedoms 1950 | This is a European document relating to human rights; it is signed by all governments in the European Union, including the UK. | Sex Discrimination Act 1975 | This is to protect both men and women against discrimination or harassment on the grounds if gender in employment, education, advertising or in the provision of housing, goods, services or facilities. | Mental Health Act 1983 | The main purpose of this act is to allow action to be taken, where necessary, to make sure that people with mental health difficulties or learning difficulties get the care and treatment they need for their own health or safety, or for the protection of other people. | Mental Health (Northern Ireland) Order 1986 | The Order provides the legal framework in northern Ireland for compulsory admission and treatment of patients suffering from mental illness. GPs can be involved in Mental Health Order assessments in community or hospital settings.
In this assignment I will be describing how anti discriminatory practice is promoted in health and social care settings. I will be discussing difficulties that may arise when implementing anti discriminatory practice in health and social care. Last I will justify ways of overcoming difficulties that may arise when implementing anti discriminatory practices in health and social care settings. P5 Within the health and social care sector it is important that people understand and promote anti discriminatory practice. There are various ways of how they can challenge discriminatory issues and practices.
Diversity This is when differences between peoples are accepted, and everyone is given respect for the values and beliefs they hold in society Rights These are the legal entitlements we have in society and an example would be the right to live in a society without any abuse being shown because of their gender differences. Opportunity This means everyone has similar chances in the various jobs they do. For example talking to the clients in a hospital. Overt Discrimination This is when discrimination is clearly shown openly. In health and social care terms would be they pay someone gets is more, or less, due to the gender group they belong to.
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”.
P4 Explain how national initiatives promote anti discriminatory practice The Equality Act The Equality Act brings together over 116 separate pieces of legislation into this one Act. All together this provides a legal framework to protect the rights of people and have equality of opportunity for everyone. The 9 characteristics that are protected by the Equality Act 2010 are: * age * disability * gender reassignment * marriage or civil partnership * pregnancy and maternity * race * religion or belief * sex * sexual orientation The Act legally protects people from discrimination in the workplace and in society by setting out the different ways in which it is unlawful to treat someone. In Silver Birch, they would follow the Equality Act which would help to promote anti-discriminatory practice by making sure the residents are treated equally and respected regardless of factors such as disability, race or sexual orientation. For example, a heterosexual black male will be treated the same as a homosexual white female from a different country.
Unit 303 Principles of diversity, equality and inclusion in adult social care settings. Outcome 1 Understanding the importance of diversity 1.1 Diversity is the difference in society the difference between use, e.g. colour, gender, age. Equality means that everyone must have the same opportunities regardless of their age, gender or colour. Inclusion means that everyone should be included in the delivering of care and that the clients should be included in any decision making.
Unit 2 – Equality, diversity and rights in health and social care. Sex Discrimination Act 1975 This is to protect both men and women against discrimination or harassment on the grounds of gender in employment, education, and advertising or in the provision of housing goods, services or facilities. Race Relations Act 1976 This act protects racial equality and ensures no person is discriminated against on the grounds of their race. It promotes good relations between people of different ethnic backgrounds. Mental Health Act 1983 This allows action to be taken, when necessary to make sure that people with mental health difficulties or learning difficulties get the care and treatment they need for their own safety and the safety and protection of others.
Supporting people to access their rights and support their choices, encouraging and promoting independence to each individual. Ensuring people have privacy if they want it, treating people with dignity and respect. 1.2 Person-centred values must influence all aspects of social care work. The Human Rights Act 1998 makes it a law that health and social care should be based on person-centred values. Having person-centred guidelines provides anti-discrimination practice and helps promote to each individual to their individual needs, their right to equal opportunities, independence, choice, dignity and safety.