National initiative for anti-discriminatory practice
- Pages: 4
- Word count: 811
- Category: Civil Rights Law
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Order NowLegislation promotes anti-discriminatory practice by making it unlawful to discriminate against particular social groupings also policies, procedures, conventions and/or regulations are implemented within health and social care settings to ensure the promotion of equality and anti-discriminatory practice. There are many different legislations such as:
European convention on human rights and fundamental freedoms 1950 Sex discrimination act 1975
Mental health act 1983
Mental health (Northern Ireland) order 1986
The convention on the right of the child 1989
The children act 1989
Race relations (Amendment) act 2000
Disability discrimination act 2005
Human rights act 1998
Data protection act 1998
Nursing and residential care homes regulations 1984 (amended 2002) Care standards act 2000
The children act 2004
Disability discrimination act 2005
Mental capacity act 2005
Age discrimination act 2006
European convention on human rights and fundamental freedoms 1950 was the first document to give effect to the rights. It established the European court of human rights and it also contains rights of the human rights act. European convention on human rights and fundamental freedoms. The children’s act 1989 An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organizations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes. Since October 2006, it has been unlawful for employers and others to discriminate against a person on the basis of his/her age. Age discrimination legislation therefore applies effectively to everyone who is applying for work and who is in work.
Employers, Vocational Training Providers, Employment Agencies, and Occupational Pension Scheme Trustees/Managers etc. are all bound by the law and cannot discriminate against any individual because of their age; neither can they force anyone to leave employment just because of their age. You’re disabled under the Equality act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities. Substantial is more than minor or trivial – eg it takes much longer than it usually would to complete a daily task like getting dressed. Long term means 12 months or more – eg a breathing condition that develops as a result of a lung infection. The data protection act controls how your personal information is used by organizations, businesses or the government. Everyone responsible for using data has to follow strict rules called ‘data protection principles’ which they must make sure the information is: Used fairlt and lawfully
Used for limited, specifically stated purposes
Used in a way that is adequate, relevant and not excessive
Accurate
Kept for no longer than is absolutely necessary
Handles according to peoples data protection rights
Kept safe and secure
Not transferred outside the UK without adequate protection
The sex discrimination act is an act to render unlawful certain kinds of sex discrimination and discrimination on the ground of marriage and establish a commission with the function of working towards the elimination of such discrimination and promoting equality of opportunity between men and women generally; and for related purposes. The human rights act sets out the fundamental rights and freedoms that individuals in the UK have access to. They include: Right to life, freedom from torture and inhuman or degrading treatment, right to liberty and security, freedom from slavery and forced labor, right to a fair trial, no punishment without law, respect for your private and family life/home and correspondence, freedom of thought; belief and religion, freedom of expression, freedom of assembly and association, right to marry and start a family, protection from discrimination in respect of these rights and freedoms, right to peaceful enjoyment of your property, right to education and right to participate in free elections.
The mental capacity act 2005 covers people in England and Wales who cant make some or all decisions for themselves. The ability to understand and make a decision when it needs to be made is called ‘mental capacity’. People working with or caring for adults who lack capacity to make decisions for themselves have a legal duty to consider the code of practice. The MCA says certain people must think about the code of practice when they act or make decisions on the other person’s behalf. This includes: An attorney appointed under a lasting power of attorney
A person who acts in a professional capacity for, in relation to people who cannot make decisions themselves.
Nursing homes are designed for residents who need special care and can’t quite function day-to-day care without monitoring and assistance from a trained nurse or aide. Residential care homes are designed for those residents who can generally live independently but occasional need assistance from a nursing professional. States regulate nursing and residential care homes to protect the residents’ rights and ensure that they are getting the proper care