1 Understand key legislation and agreed ways of working that support the fulfilment of rights and choices of individuals with dementia while minimising risk of harm WORD MEANING
RIGHTS Human rights; independence; respect; freedom to do what I want; to protect myself and my property; to be heard; to vote; to express my sexuality; right to an education/work. RISK Danger; part of life; unacceptable or acceptable; who’s risk? risky activities; risk of harm; injury; protection. CHOICE Independence; ‘my life’; variety of; priorities; making the right choice; making the wrong choice; what to eat; what to wear; relationships; place to live. HARM Danger; pain; intentional or unintentional; long lasting or short lasting; reputation; sense of identity/safety. ABUSE Physical; emotional; ﬁnancial; sexual; neglect; law; vulnerable; prison; shocking. TRUST Friendship; feeling – safe, secure, positive; enabling; back up; care; love. Money in Trust DIGNITY Free from embarrassment; acknowledged as a human being; a way of being/carrying oneself; sense of self; lack of dignity – abuse, damage, pain, fear
1.1 Explain the impact of key legislation that relates to fulfilment of rights and choices and the minimising of risk of harm for an individual with dementia Human Rights Act of 1998 - This Act became law on the 9th November 1998 and mostly came into force on 2 October 2000. Its aim is to support individuals through the UK courts in some of the rights contained in the European Convention on Human Rights. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the Convention, unless the wording of an Act of Parliament means they have no other choice. The Human Rights Act also gives people the right to take court proceedings if they think that their Convention rights have been breached or are going to be. Human rights include:
• the right to life
• the right to liberty and security of person
• the right to respect for one’s private and family life, home and correspondence • the right to freedom of thought, conscience and religion • the right to freedom of expression
Legislation about Mental Capacity - Mental Capacity Act of 2005 and Adults with Incapacity (Scotland) Act 2000: Acts that address mental capacity issues are the Mental Capacity Act 2005, for England and Wales and, the Adults with Incapacity (Scotland) Act 2000. The primary purpose of these Acts is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves. The statutory principles of the Acts are designed to protect people who lack capacity to make particular decisions. The Acts also support their ability to make decisions, or to participate in decision-making, as far as they are able to do so. Both Acts are supported by a Code of Practice which doctors, nurses, social workers, care staff and others working in a professional or any paid role are under a legal duty ‘to have regard’ to this.
Mental Capacity and Deprivation of Liberty Safeguards 2005 - These were introduced in England and Wales into the Mental Capacity Act 2005 through the Mental Health Act 2007. The MCA DoL safeguards apply to anyone aged 18 and over who has a mental disorder or disability of the mind – such as dementia - and who lacks the capacity to give informed consent to the arrangements made for their care and/or treatment. Deprivation of liberty can only be implemented after an independent assessment ﬁnds it to be necessary in their best interests to protect them from harm. The safeguards cover patients in hospitals and people in care homes. The safeguards are designed to protect the interests of an extremely vulnerable group of service users and to ensure people can be given the care they need in the least restrictive way
Mental Health Act 2007 – The Mental Health Act 2007 amends the Mental Health Act 1983 and the Mental Capacity Act 2005 and is...
...4.1 (2) Summarise the laws and codes of practice affecting work in schools and explain how legislation affects how schools work.
The UN Convention on the Rights of a Child 1989 – in 1989 the world leaders decided children needed a special convention just for them to give them special care and protection that adults do not need. All children up to the age of 18 have the rights in the convention. Some groups of children eg those living away from home or disabled children have additional rights to make sure they are treated fairly and their needs are met.
Every child in the UK is entitled to 40 specific rights, included in these are: the right to life, survival and development; to have their views respected; to have a name and nationality; freedom of expression, to live in a family environment or alternative care and have contact with parents wherever possible; to have health care and social security; to have an education, be able to take part in leisure, culture and arts; Special protection for refugee children, children in the juvenile justice system, deprived children and children suffering sexual, economic or other forms of exploitation.
These rights apply to all children with no exceptions.
The Education Act 2002 – is an act to make provision about education, training and childcare. The act implements the legal requirements and commitments set out in the white paper Schools:...
...Principles of personal responsibilities and working in a business environment
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Please note that this Assessment document has 8 pages and is made up of 7 Sections.
Name: Devrise Akdenizli
Section 1 – Know the employment rights and responsibilities of the employee and employer
1. Identify four main points that would be included in a contract of employment. If possible, use an example contract to support your answer (feel free to obscure any confidential information).
There are more than four main points that would be included in a contract of employment, of course name of employer and employee, Work Hours and Job Title. Most important would be:
1. Duties and Responsibilities
2. Salary (per Hour/ Annual)
3. Main place of work
2a) List three key points of legislation that affect employers in a business environment.
...Employment Rights & Responsibilities
As a new employee, the first course of action before commencing in your new job is to sign an employment contract specifying the laws relating to the conditions of work you must abide by. These laws cover aspects specific to your placement, such as the wage you receive, the hours you work, training and your holiday entitlements. You will also receive information to read and sign declaring your acceptance of the rules concerning legal matters, including such topics as health and safety, discrimination in the workplace, redundancy, dismissal, disciplinary procedures, union rights and consultation.
These are just some of the many laws that may be covered in your contract. It is also important to remember that employment laws may differ in different countries; therefore a law that was registered by your previous job may not be applicable in your new workplace if you have recently moved.
Although there are many features of current employment legislation, there are three main areas in particular covered by the spectrum of employment law in the UK. These are your employment rights, the equalities and discrimination law and the health and safety legislation. These exist to maintain the enforcement of humanrights in the workplace protecting both employer and employee from the risk of allegation against themselves, with regards to the pay and conditions of work...
Presentation: Rights and Obligations of Employers and Employees |
Introduction Statutes and their regulations and common law determine the rights and obligations of employers and employees to each other and may differ from state to state. Employers and employees have an "employment relationship" that is sometimes referred to as a contract of service.When an employee accepts employment, that individual agrees to work for some form of payment, such as wages, salary, commission, and pierce rates. An employer also has rights and obligations, such as providing a discrimination and harassment-free workplace, pay slips and employment records, and workplace safety, to name a few. There are other rights and obligations of both employer and employees, such as privacy in the workplace. Although employers have some leeway in gathering information about their employees, employers must take care not to violate employees' right to privacy.Rights and Obligations of Employers and EmployeesAn obligation that employers are beginning to recognize as a new role is establishing work/life balance, so as to prevent burnout by their employees. Companies are beginning to reshape their cultures to bring a better balance to the workplace. The greater the balance, the greater the productivity. Work/life conditions are not the only obligations of employers, however. Federal and state laws have long required...
...Understanding Employment Responsibilities and Rights in Health, social care of children’s and Young Peoples Settings
1. Know the statutory responsibilities & rights of employees & employers within own area of work.
1.1 List the aspects of employment covered by law
Every aspect of employment is covered by law, and this reflects in an employee’s contract which is given to them on their first day of employment. The Series of laws that relate to the conditions of work include:
Health & safety
Redundancy & dismissals
Union rights & consultation
Employment law is different in different countries. These are the main laws in employment.
1.2 List the main features of current employment legislation
Health & safety legislation
1.3 Outline why legislation relating to employment exists
The reason why legislation relating to employment exists is to stop workers being exploited by employers and to protect the rights of their employee’s and to make sure that they have everything they need such as minimum wage, safety standards, holiday entitlement, maternity leave & pay, redundancy pay, age requirement, maximum working hours.
1.4 Identify sources and types of information and advice available in relation to employment responsibilities and rights
Foster people’s equality, diversity and rights
People have a right to have choice, which includes food, religion, interests etc. This can be promoted by listening to what the person wants, following the needs assessment or by asking the individual themselves what they would like to happen and how they would like to be supported. It is everybody’s responsibility to treat the residents equally, politely and like a valued member of society.
There maybe tensions between people’s rights and responsibilities, an example of this is a person may refuse treatment, not consent, but their responsibility is to deal with the symptoms and the outcome. Current legalisation in relation to rights and responsibilities is HumansRights Act, 1998 and Race Relations Act, 2000. The legal framework of information is Data Protection Act, 1998 and Freedom of Information Act, 2005.This may differ in different setting as confidential information is on a “need to know basis”. For example if there is danger of harm or abuse to individuals, information has to be disseminated to the relevant individual and the resident needs to know that the information will have to be passed on as a domestic we are not able to address such issues, and the incident may require further investigation.
Mental Health Act, there are restrictions under this legislation for the individual concerned. For example Section 2 –...
...The aim of this essay is to discuss the development of humanrights legislation and whether the HumanRights Act has helped to protect the rights of British citizens.
The general aim of this essay is to;
1) To follow the development of humanrights legislation, from the end of World War 2, to the present day.
2) And how the HumanRights Act 1998, has affected the lives of British Citizens, for example recently a law allowing terror suspects to be detained for up to 90 days without charge, but this was dropped as it was deemed to breach the rights of those being detained for such a long period of time.
After World War 2, appalled by the atrocities committed during the war, The United Nations adopted the universal Declaration of Rights in 1948. Although not legally binding, it urged member countries to promote certain rights contained within the declaration. The Universal Declaration was the first ever international, legal attempt to limit the behaviour of countries.
The Universal Declaration of HumanRights contains 30 articles. But the most important of these are articles are considered to be the following;
o The right to life, liberty, property and security of person.
o The right to an education
o The right to employment,...
...HumanRights and Mental Health
Are humanrights infringed in treatments for mental health?
The question of whether humanrights are infringed in treatments for mental health has many points to consider. To help answer the question, this essay will outline the basic principles of humanrights and draw some comparisons against medical treatments and choices in patients who are of sound mind against patients who are mentally ill. Emphasis will also be given to ethics and the application of them in making decisions for treating people who are mentally ill including some examples of where the application of ethics has been used to make and justify decisions for such treatments.
The Universal Declaration of HumanRights was produced by the United Nations in 1948 and lays out the rights and freedoms that all humans should have. They are based on the principles of ‘fairness, equality, dignity and respect’ as documented in the BIHR (2006, p6). However, when considering the different rights and freedoms in relation to people being treated for mental health problems it is important to consider the application of them on an individual level. The Mental Health Act, which was introduced in 1983, describes the different categories of mental disorders as follows: -
* Mental illness