Legislaiton and Acts Evaluation

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Race Relations Act 1976

Covers employment, education, housing, good facilities and services.

Based upon treating someone less favourably because of his or her race, skin colour or nationality.

Types of discrimination that it prevents - Direct, Indirect, Victimisation and Harassment.

Strengths

  • Considers diversity and equal opportunities for different races.
  • Commission for equality and human rights, used to guide, advise and investigate.
  • Stops racial discrimination.
  • Promotes equal opportunities. (do not write ‘promotes equality’ in exam)

Weaknesses

  • Does not change people’s attitudes and beliefs.
  • Does not stop discrimination completely.
  • Finding evidence towards discrimination is difficult.
  • Discrimination is hard to police.
  • People feel scared to report it.
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Disability Discrimination Act 1995

Outlaws discrimination based on disability.

Covers employment, housing, education and transport.

strengths

  • Allows for equal opportunities.
  • It is classed as a system of redress.
  • Gives clear definitions of terms and procedures needed if it is necessary to report abuse or discrimination.
  • Protects vulnerable people.
  • Provider must prove that they did not discriminate, rather than the victim trying to prove that it did happen.
  • Places a duty on the provider to consider diversity.

Weaknesses

  • It does not always change deeply held views or attitudes.
  • Not all people know their rights.
  • Cases can be very time consuming, expensive and difficult to prove. (most disabled, ethnic groups and women are often on a low income due to general discrimination that has not yet been outlawed.)
  • Discrimination is normally covert/hidden
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Sex Discrimination Act 1984

Includes employment, educational establishments, housing, goods facilities (clubs, entertainment and transport)

Distinguishes between direct and indirect discrimination.

Strengths

  • Clear statement of who the act applies to - almost all workers, male and female.
  • Covers all actions and behaviours.
  • Protects vulnerable people.

Weaknesses

  • Does not change the views and opinions of the individual being accused.
  • Discrimination may be discreet.
  • Victims may not know their rights or about the legislation and how it helps them.
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Equality Act 2010

Can be used to ‘replace’ all other acts, as it supports the rights of all vulnerable people.

Covers employment, education, housing, good facilities and services.

Welfare of the child is paramount, addresses; parental responsibility, child protection, emergency protection orders, care orders and education supervision orders.

In 2004, the care act was revised because of the Victoria Climbiecase.

Strengths

  • Raises awareness of discrimination and equality.
  • Combines the protection of all protected characteristics.
  • Classed as a system of redress.

Weaknesses

  • Does not change people’s attitudes and beliefs
  • Does not stop discrimination completely.
  • People feel scared to report it.
  • Finding evidence difficult.
  • Hard to police.
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Protection of Vulnerable Adults (PoVA)

People who put others in danger by employing someone with a criminal record can be held accountable for any damage.  Companies have a legal duty to refer to the ISA about people that may be a risk to VA.

Criminal offence for barred individuals to work with children or VA, including the NHS, prison service, chat room moderators and social media companies.)

(Holly Chapman and Jessica Wells were killed by their school janitor, since then the ISA has introduced the PoCA)

Strengths

  • Reduces the risk of abuse towards vulnerable adults and children.

Weaknesses

  • Hard to keep up with training and stay up to date with procedures.
  • It also takes a lot of time to train staff.
  • Does not change other people’s attitudes or opinions on equality.
  • Difficult to have all staff equally trained and up to date with procedures.
  • Practitioners may not be aware of equality acts.
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Protection of Children Act (1989)

Covers many important issues such as listening to children’s views and opinions.

Strengths

  • Early intervention from local agency - better than a crisis intervention from a statutory agency.
  • Procedures help make sure children are less likely to slip through the net.
  • Children have a say in what happens to them.
  • Act applies to all children regardless of abilities (physical/cognitive)

Weaknesses

  • In multi-agency work places, it may be confusing who to complain to.
  • Staff may not be adequately trained.
  • Only applies to children in England.
  • Organisations may try to resist working together. 
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The Equality and Human Rights Commission (EHRC)

The commission is a statutory body set up to protect, enforce and promote equality across seven areas; age, disability, gender, race, religion/belief, sexual orientation and gender reassignment. The commission has the power to undertake formal investigations into discriminatory practices on behalf of individuals and provide financial support to individuals complaining about discrimination. The commission can be contacted directly by individuals.

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Policies

Individual feels that they have been unfairly discriminated against and wants to complain or sort out the situation, it is called seeking redress. If this were related to employment, the individual could use the organisations policies and procedures and equal opportunity as a means of changing their situation. Every organisation is required to have an equal opportunities policy; this should be available to all staff

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