DEM 304

Topics: Human rights, Decision making, Rights Pages: 8 (3323 words) Published: April 26, 2015
DEM 304
Enable right and choices of individuals with dementia whilst minimising risks 1.1
Human Rights Act 1998
Under this act residents of the United Kingdom are entitled to seek help from the UK courts if they believe that their human rights have been infringed. The human rights act guarantees: •The Right to life

The right to freedom from torture and inhuman or degrading punishment •The right to freedom from slavery, servitude and forced or compulsory labour •The right to liberty and security of person

The right to a fair and public trial within a reasonable time •The right to freedom from retrospective criminal law and no punishment without law •The right to respect for private and family life, home and correspondence •The right to freedom of thought, conscience and religion •The right to freedom of expression

The right to freedom of assembly and association
The right to marry and found a family
The prohibition of discrimination in the enjoyment of convention rights •The right to peaceful enjoyment of possessions and protection of property •The right to access to an education
The right to free elections
The right not to be subjected to the death penalty

Because of the introduction of the Human Rights Act, the Government had to show commitment to protecting the most vulnerable adults as well as children so now that everyone can access their rights. In the Health care sector lots of organisations are covered by the Human Rights Act. Anyone working in health and care will be working within the requirements of the legislation on a daily basis. The act is about respecting and promoting the rights of individual people. Within social care making sure peoples’ rights are protected is a key part of your professional role. Just because an individual has dementia does not mean they don’t have the same human rights as anyone else. Their rights are not any less important just because they are unable to defend them. The act clarifies exactly how public services should be delivered and interpreted and ensures that the people delivering the service know what their responsibilities are. The legislation states that all public bodies ensure that human rights are at the core of their day to day work. Equality Act 2010

The Equality Act sets out the different ways in which it is unlawful to treat someone, such as direct and indirect discrimination, harassment, victimisation and failing to make a reasonable adjustment for a disabled person. This act replaces many other previous acts and protects different kinds of people under just one act. •Age

gender reassignment
marriage and civil partnership
pregnancy and maternity
religion or belief
sexual orientation
The equality act helps protect people with dementia by ensuring they can maintain their independence by enabling them to continue to work for as long as possible. The Act ensures that employers must make reasonable adjustments to enable and individual to do their job and ensure that they cannot be discriminated against because of their condition. Mental Capacity Act 2005

The primary purpose of the MCA is to promote and safeguard decision-making within a legal framework. By empowering people to make decisions for themselves wherever possible and by protecting people who lack capacity by providing a flexible framework that places individuals at the heart of the decision making process By allowing people to plan ahead for a time in the future when they might lack the capacity for any number of reasons This Act is very important for people with dementia. Because of the MCA people must now have the opportunity to consider and make decisions for themselves wherever possible. Just because an individual has dementia it should not be assumed that they cannot make decisions. It is not the outcome of the decision that a person makes that is looked at but the persons ability to go...
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