Discrimination and Children

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TDA 2.4. Equality, diversity and inclusion in work with children and young people.

1.1. Identify the current legislation and codes of practice relevant to the promotion of equality and valuing diversity.

In the past decade there has been a major change about children’s rights. Previously children’s rights were mainly concerned with basic needs now children have wider range of rights including the right to engage in play activities, to express their views and to have a voice and right make a decision about things that affect them directly. The United Nation’s Convention on the Rights of the Child 1989 states the rights of all children aged 0 to 18 years. There are 54 articles in the UN Convention on the Rights of a Child. It states than Convention applies to all children under 18 years old whatever their race, religion, abilities, whatever family they come from. The summary of their rights are: children have the right to say what they think, have they opinion taken into account, to think and believe what they want, practice their religion, they have the right to be cared for, protected from abuse and violence, have right to education, opportunity to develop their personality and talents, disabled children should have special care and support so they can live as independently as possible. Each school must produce range of policies that sets out procedures for ensuring equality (the state of being equal). There is a lot of legislation relating to the rights of children and young people.

Disability Discrimination Act 1995 protects the rights of children with disabilities. It places a duty on schools and organisations to promote disability equality and to eliminate barriers so individuals can gain equal access to services.

Disability Discrimination Act 2005 places a duty for schools to produce Disability Equality Scheme (DES) and Access Plan. Schools must encourage participation in all aspects of school life and eliminate harassment and discrimination.

Special Educational Needs and Disability Act 2001 say that it is against the law when educational providers discriminate against pupils with disabilities or special educational needs.

Race Relations (Amendment) Act 2000 outlines the duty of public bodies to actively promote good relationships between pupils from different races.

Human Rights Act 1998 sets out the rights for individuals to allow them to take an action against authorities when their rights have been affected.

Children Act 1989 sets out the duties of local authorities to provide services according to the needs of children and to ensure their safety and wellbeing. It states that local authorities must work with parents and children, help families with children in need; courts must put children first when making decisions.

Children Act 2004 sets out duty to provide effective and accessible services for all children. It underpins the five Every Child Matters outcomes (be healthy, stay safe, enjoy and achieve, make a positive contribution, achieve economic well-being).

Education Act 1996 sets out school’s responsibilities towards children with special educational needs. Schools must provide additional resources, equipment and additional support to meet their needs.

Equality Act 2010 sets out responsibilities of public bodies to provide equality of opportunity for all people and to effectively challenge discrimination.

There are statutory frameworks, codes of practice and guidelines to support schools in their duty to apply this legislation.

The Special Educational Needs Code of Practice 2001 gives statutory guidance for policy, procedures and responsibilities towards children with special educational needs.

Code of Practice on the duty to promote race equality 2002- statutory code of practice which supports public authorities to meet their duty that are set out in the Race Relations (Amended) Act. It says that schools must produce written race equality policy. Race...
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