Human rights act 1998
This is useful within the UK because lays down the law which every individual is entitled too. These rights give us freedom. They may affect many things such as the rights to live and the rights to die also the rights we use in everyday life. National initiatives promote anti-discriminatory practice so issues are prevented from happening.
Freedom from torture and degrading treatment – This mean treatment causing severe mental or physical suffering and degrading treatment means treatment that is grossly humiliating or undignified. Examples of relevant issues relating to this would be physical or psychological or other types of harm, soiled or unchanged clothing or bedding, person care carried out in view of other people and leaving food for service users or patients when they are unable to feed themselves.
The right to a fair trial – This right does not apply to criminal proceedings but to a broad range of areas where an individual civil rights or responsibilities are decided upon. Examples of relevant issues relating to this would be compensation claims, the complaints procedure of public bodies and appeal procedures in social security, mental health care and treatment tribunals.
The right to freedom or liberty – This is a right not to be deprived of liberty in an arbitrary way. Examples of relevant issues relating to this would be informal detention in hospital of people who lack capacity to consent to admission, excessive, arbitrary and inappropriate use of restraint in health and social care setting and delays in discharging people detained under mental health legislation.
The right not to be discriminated against – This discrimination act can be direct or indirect. An individual can only use the human rights act to argue discrimination of another human right is breached. Example of relevant issue would be information or options presented in inaccessible ways, failing to offer food to take account of cultural differences and access to medical treatment or community care services, based on age, disability, gender or ethnic origin etc.
The right to life – This is when public authorities must take steps to protect an individual’s life, in almost all circumstances, and must not take away a person’s life except in very limited circumstances. For example, when lawfully defending someone from violence. Examples of relevant issues would be refusal of life saving treatment, advance directives, deaths caused by negligence and local authorities failing to act to protect and adult who is at series risk of harm.
The right to respect for private and family life, home and correspondence – Family life in wider that blood or formal relationships. Private life covers privacy, personal choices, relationships and participation in community life. Home is respect for the home someone has and correspondence is all communication for example phone calls, letters and email. Examples of relevant issues would be independent living, staff in care homes, supported accommodation or hospitals etc. controlling phone calls, mail without authority, closure of residential care home or hospitals and privacy at home, in a hospital or care home.
Sex Discrimination Act 1975
The Act came into force in 12th November 1975. This Act is to protect 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. Sexual harassment, or offensive conduct related to an individual’s sex/gender, can be insidious and take many forms. Examples of relevant issues would be inappropriate sexual attention, advances and request for sexual favours can all be forms of sexual harassment, as can any conduct, whether verbal or physical, of a sexual nature. A lot of the time, those who perpetrate this unacceptable...
References: Clements. P. & Spinks, T. (2009) The Equal Opportunities Handbook: How to Recognise Diversity, Encourage Fairness and Promote Anti-discriminatory Practice London: Kogon Page ltd
Pearson [Health and Social Care Level 3] National 2010, Book 1
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