ACTS IN HSC

  • Establishes the fundamental rights and freedoms of all individuals
  • Part of the National law
  • All UK individuals can use this Act if they feel their rights have been infringed or violated by any public authority (this includes charities, local authorities, the Police and Government agencies)
  • Rights Include: Right to life, Prohibition of torture, freedom of thought, conscience and Religion and Right to a fair trial
  • Rights are extremely important to all individuals in HSC but particularly SU
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Human Rights Act (1998) Key Features

  • Establishes the fundamental rights and freedoms of all individuals
  • Part of the National law
  • All UK individuals can use this Act if they feel their rights have been infringed or violated by any public authority (this includes charities, local authorities, the Police and Government agencies)
  • Rights Include: Right to life, Prohibition of torture, freedom of thought, conscience and Religion and Right to a fair trial
  • Rights are extremely important to all individuals in HSC but particularly SU
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Human Rights Act (1998) Strengths and Weakness

Strengths

+Act clearly specifies all individuals rights and what action can be taken if these are infringed 

+ Act is enshrined in British law now so individuals don't have to go to the ECHR, but can if they feel their rights are still being violated

+All public bodies have to consider the HRA when making decisions and this implements their delivery of services

Weaknesses

-Despite the law being implemented it's not always respected e.g. torture

-People do not always know about the act or how to apply it

-Right to life is not always supported as drugs/treatments not always fairly distributed (postcode lottery)

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The Mental Health Act (1983) (2007) Key Features

  • Aims to protect those with m/h conditions and those who may be at risk from those with m/h conditions
  • It's mainly concerned with sectioning of patients. There are numerous sections, and each section has a specific time period. Sect 2- 28 days Sect 3- 6 months
  • Individuals can be placed under an emergency section (4) if they are at an immediate risk to themselves or others
  • Under sectioning a SU can be assessed and/or treated, sometimes agaisnt their will
  • A SU inder the Act can apply to the Mental Health Tribunal to have their case assessed e.g. if they feel there are not grounds for them to stay in hospital
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The Mental Health Act (1983) (2007) Strengths and

Strengths

  • Under the Act indivduals have rights in hospital which means they can appeal to a tribunal, which has the power to discharge individuals
  • The Act ensures those who are at harm to themselves or others are admitted to hospital
  • There is aftercare treatment available and so those who have been in hospital under a long section can have support being rehabilitated into the community

Weaknesses

  • Longer sectioning can cause 'institutionalisation'
  • Compulsary detention and treatment infringes HRA
  • The Act does not provide for those with less severe symptoms (individuals need to be seriously ill before getting treatment
  • The Act can created stigma and discrimination (certain jobs not allowed)
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The Sex Discrimination Act (1975) Key Features

  • Promotes equal opportunities for all (men, women, transgender), Outlaws discrimination solely on the basis of sex
  • Employment: All area's inc job advertising. Genuine occupational qualification allowed
  • Education: inc all ed, expect single sex school and colleges. Single sex sports allowed if women are at disadvantage
  • Housing: Inc renting, managing, sub letting or selling accommodation. Single sex housing exempt
  • Goods, facilities and services: Wide range of services e.g. cafes, hotels, entertainment
  • Discrimination covered: Direct, Indirect, Harassment, Victimisation
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The Sex Discrimination Act (1975) Strengths and We

Strengths

  • Provides legal guidelines, and promotes awareness of individuals rights giving all the right to redress of rights are infringed
  • The 'burden of proof' lies with perpetrators not the victims. Therefore the employer must demonstrate their actions or omission was not intended to be discriminatory
  • It covers actions and behaviours that are discriminatory, therefore no one should suffer discrimination on basis of sex

Weaknesses

  • Although the Act clearly outlines the rights of individuals not all know about the Act and their rights
  • Even if people know about their rights they may be unsure and/or scared to take action as they fear the consequences e.g. job loss
  • Act does not change deeply rooted attitudes and opinions
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The Race Relations Act (1976) Key Features

  • Promotes equal opportunities for people of all races
  • Outlaws discrimination solely on basis of ethnicity, race, nationality
  • Employment: All area's inc job advertising. Genuine occupational qualification allowed. One cannot refuse on basis customers don't want to be served by someone of a certain race.
  • Education: inc all ed, inc fee paying schools, overseas students not covered
  • Housing: Inc renting, managing, sub letting or selling accommodation. Can't charge more because of ethnicity
  • Goods, facilities and services: Wide range of services e.g. cafes, hotels, entertainment. Service cannot be poorer because of customers ethnicity
  • Discrimination covered: Direct, Indirect, Harassment, Victimisation (segregation)
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The Race Relations Act (1976) Strengths and Weakne

Strengths

  • Provides legal guidelines, and promotes awareness of individuals rights giving all the right to redress of rights are infringed
  • Covers discrimination between minority groups as well as between majority and minority groups. The Act aims to promote harmony between all groups
  • It covers actions and behaviours that are discriminatory, therefore no one should suffer discrimination on basis of race

Weaknesses

  • Although the Act clearly outlines the rights of individuals not all know about the Act and their rights
  • Even if people know about their rights they may be unsure and/or scared to take action as they fear the consequences e.g. job loss
  • Act does not change deeply rooted attitudes and opinions
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Disability Discrimination Act (1995 amended 2005)

  • Promotes equal opportunities for people with disability
  • Outlaws discrimination solely on basis of disability
  • Employment: All area's inc job advertising. Employers must make 'reasonable adjustments; e.g. appropriate work space, working hours
  • Education: inc all ed, all opportunities should be offered to both abledbodied and disabled people
  • Housing: Inc renting, managing, sub letting or selling accommodation. Cannot charge more
  • Goods, facilities and services: Wide range of services e.g. cafes, hotels, entertainment, poorer quality of service cannot be given because the person has a disability
  • Transport: Disabled people should have the same rights as others to taxis and public transport e.g. should not be charged more
  • Discrimination covered: Direct, Indirect, Harassment, Victimisation
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Disability Discrimination Act (1996 amended 2005)

Strengths

  • Provides legal guidelines, and promotes awareness of individuals rights giving all the right to redress of rights are infringed
  • Clearly identifies a 'disabled person' as having a long term, physical or mental impairment that restricts their ability to Carry out daily living activities and has a substantial and adverse effect. So people can see if they're covered
  • It covers actions and behaviours that are discriminatory, therefore no one should suffer discrimination because they have a disability

Weaknesses

  • Although the Act clearly outlines the rights of individuals not all know about the Act and their rights
  • Even if people know about their rights they may be unsure and/or scared to take action as they fear the consequences e.g. job loss
  • Act does not change deeply rooted attitudes and opinions
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The Children Act (1989) (2004) Key Features

1989 The key principles are:

  • Children should remain with their family
  • Parental responsbility
  • Delays should be avoided
  • Children should be informed
  • Orders should be taken only when necessary (Emergency protection orders, care orders)
  • Paramountcy principle and 'welfare checklist'

2004 This legislation was established following every child matters green paper and Victoria Climbe Inquiry report (2003) It aims to maximise opportunites and minimise risk

  • Children's comminsioner established for England: seek views and identify needs of children and young people, All local authorities must appoint a Director of Children's services
  • All services have duty to cooperate to protect children
  • Electronic database
  • All childrens services inspected
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The Children Act (1989) (2004) Strengths and weakn

Strengths:

  • Recognises the rights of all children, and protects their welfare
  • Promotes idea that children's feelings and thoughts must be heard
  • 2004- promotes organisations working closely together
  • Children have very clear rights and their parents have very clear responsibilities

Weaknesses:

  • Children can be detained for educational supervision which affects other rights
  • The Act has not stopped child abuse, neglect or death
  • Children are still being abused (1-10 neglect, 1-20 sexual abuse)
  • Children are still dying within their families even though there is intervention under the CA (baby p)
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Comments

Nadia

Quite helpful thanx but why have u covered the work sex.

Sam Morran

A good resource - all the key Acts included that you would need to know.  Covers most Acts though you might not need to know them all for your exam but you can pick and choose what you need.

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