AS Health and Social Care - Promoting Good Health - Legislation

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Children Act 1989 (amended 2004)

Content:

  • The Act gives children rights, ensuring that they are treated fairly.
  • Their WELFARE is the PARAMOUNTCY PRINICPLE. This means they should be prevented from being in danger in any way.
  • Their voice should be heard; their own opinions and knowledge should be taken into account.
  • Wherever possible, children should be brought up and cared for within their own families. Local authorities, however, are able to stop this if it is thought the child is in danger.


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Children Act 1989 (amended 2004)

Strengths:

  • The Act makes it clear that children haverights and parents have responsibilities.
  • Acknowledges the rights of children and protects their welfare.
  • Enables children's views to be heard

Weaknesses:

  • Children under ther age of 10 are not considered old enough to be held accountable for a crime, for example.
  • Court cases that involve child protection are heard privately, so there is no public scrutiny of procedures.
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The Human Rights Act 1998

Content:

  • Protects basic human rights and freedoms, such as the right to life, and the right to free speech.

Strengths:

  • Public bodies must now take human rights into consideration when making decisions. This means even criminals' human rights are regarded so they are treated fairly to a certain extent.
  • Some Acts of Parliament give the power to make detailed laws to a government minister; this is 'secondary legislation'.
  • Individuals with human rights grievances will no longer have to go to the Court of Human Rights in Strasbourg, but can instead bring their cases to court in the UK.
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The Human Rights Act 1998

Weaknesses:

  • The definition of public authorities can be unclear and can only be decided by the courts, such as a private day nursery that requests payment. It provides a private service for which payment is made but is subject to government regulations, so its status remains unclear.
  • Some areas are yet to be tested; for example, asylum seekers could challenge the restrictions under the Asylum Act 1999. This leaves many asylum seekers without entitlement to help with accommodation costs.
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Sex Discrimination Act 1975

Content:

  • The Act was put in place to prevent sex discrimination by giving equal rights to both men and women.
  • It covers employment, education and other areas.
  • It makes a distinction between direct and indirect discrimination.

- direct discrimination is deliberately disadvantaging someone, and in an obvious way. For example, if someone tells another person that they are unattractive, this is direct discrimination.

- indirect discrimination is more subtle and often unintentional. An example is printing information in just one language, preventing others from accessing it.

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Sex Discrimination Act 1975

Strengths:

  • Now extends to transsexuals (the term used is 'gender reassignment'). This provides equal rights to all.
  • The Act applies to both men and women, although has probably benefited women more due to the discrimination they have received in the past. For example, women were once unable to own their own mortgage, affecting them significantly.
  • In employment, employers have a responsibility to provide staff training to prevent discrimination within the workplace. Employers can now be held responsible for discrimination that occurs amongst employees, even if they are unaware of it. 

Weaknesses:

  • Legislation does not change deeply held attitudes
  • Areas not covered include nationality (e.g. asylum seekers), income tax and social security benefits.
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The Race Relations Act 1976 (amended 2001)

Content:

  • The Act was put in place to prevent racial discrimination by giving equal rights to all races and ethnic groups.
  • Covers employment, education and other areas.
  • There are four types of discrimination covered:

- Direct
- Indirect
- Victimisation
- Harrassment

Strengths:

  • It was covered in 2001 to cover all public bodies, such as local government, prisons, etc.
  • Applies to all racial and ethnic groups.
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The Race Relations Act 1976 (amended 2001)

Weaknesses:

  • Racial discrimination can occur in more hidden and indirect forms, making it difficult to prove.
  • Legislation don't not change attitudes.
  • Those who are unaware of their rights or the legislation may suffer further from discrimination. Citizens Advice Bureau provides legal advice.
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The Mental Health Act 1983

Content:

  • Focus is on the careand controlof those suffering from mental illness, including those who commit criminal acts as a result of a mental illness.

Strengths:

  • Provides protection for those who might harm themselves or others due to mental ill-health. This can involve admission to hospital.
  • The Act makes provision for the aftercare and treatment of those who have been discharged into the community.
  • Under the Act, individuals have the right to receive information explaining why they have been detained.
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The Mental Health Act 1983

Weaknesses:

  • No provision for 'severe personality disorder' or anxiety/depression
  • The Act is said to be out of date; it was put in place to treat those in psychiatric hospitals in the 1980s, but now focuses on those within the community to avoid 'institutionalisation'.
  • Compulsory detention in hospital has brought up human rights issues, such as the consent of treatment.
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Comments

Nicola

This is really good thanks so much =)

Yvette Saunders

A VERY GOOD RESOURCES BECAUSE IT SUMMARISES HTE VARIOUS ACTS AND THEIR STRENGHTS AND WEAKNESS.

Sofia

brillll

anju

i really enjoyed thanx. can you do one for the equality act 2010

OVOXO

Hey,

Thanks this helped alot :)

Was wondering.. what did you get in your exam? :)

**

Lulu Robinson

OVOXO wrote:

Hey,

Thanks this helped alot :)

Was wondering.. what did you get in your exam? :)

**

I'm glad to have helped. I got a C which I was a bit disappointed with. Hopefully this revision will help you guys more than it did me though :) **

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