Rights and Responsibilities

Rights and Responsibilities AS HSC

Rights and Responsibilities What you need to know: • Which laws exist to protect and promote the rights of different groups of people. • Children and young people -The children Act (1989) • People with disabilities - Disability discrimination Act (1995) Amended (2005) • Minority ethnic groups - Race Relations Act (1976) Amended (2003) • Men and women – Sex Discrimination Act (1975) Amended (1986) • Vulnerable Adults – Protection of Vulnerable adults • Older People – Equality Bill

Discrimination (Cont.) What you need to know: 2) You must outline the key features of the legislation • What does it say? 3) Understand how the legislation protects their rights and aims to address their needs. 4) Understand their strengths and weaknesses in addressing their needs.

Discrimination Direct discrimination: When a person is treated less favourably than another person would be in a similar circumstance. e.g. A child is refused a nursery place because there are already too many girls. Indirect discrimination: Setting an unjustifiable condition that appears to apply to everyone but unfairly disadvantages one group of people. e.g. A rule that only 6ft tall people will be hired.

The Discrimination Laws The children Act (1989) The Children Act 1989 is designed to help keep children safe and well and, if necessary, help a child to live with their family by providing services appropriate to the child's needs. Examples of services the local council could provide: • short break services • holiday play schemes • care at home • some aids and adaptations • financial help (for example to pay for fares to hospital visits)

The Children Act Weaknesses • Young offenders are not offered the same protection as other children. • Court proceeding under the act are not open to the public. Complaints that this prevents accountability. Strengths • Clearly acknowledges the rights of children and protects their welfare. • Enables children to have their views heard in matters that affect them and provides equal treatment • Very clear that children have rights and parents have responsibilities. • Provides details of situations under which children can be taken into local authority care.

The Discrimination Laws Disability Discrimination Act – (1995) Protects disabled people from unfair treatment. The act gives disabled people rights in the areas of: • Employment • Access to goods, facilities and services Act was amended in (2005) • Public bodies have a ‘duty to promote equality of opportunity’ for disabled people • Employers must make reasonable adjustments to premises to remove disadvantage for disabled people

The Discrimination Laws Sex Discrimination Act (1975) Act amended in (1986) Makes it unlawful to discriminate on the grounds of sex, marital status or sexual preference. Must not discriminate in employment, advertising, education or providing housing, products or facilities. A rule saying that all employees must work full time would be indirectly discriminating against many parents.

Sex Discrimination Act Weaknesses • There are important areas not covered such as income tax, benefits, immigration and nationality. • Although its illegal to discriminate against married people in the areas of employment and training it is not covered by other areas of the act. • The status of single people is not covered. So, discriminating against them is legal. Strengths • The act applies to both men and women. • The burden of proof lies with the perpetrators not the victims. • The act covers both actions and behaviour such as harassment. • Amendments made to include transgender and sexual orientation.

The Discrimination Laws Race Relations Act (1976) Act amended (2003) Makes it unlawful to discriminate on the grounds of race, colour, nationality or ethnic origin. Applies to: Jobs, training, housing, education and provision of products and facilities. Racism – pre-judging someone because of a characteristic such as appearance. • The belief that some races are superior to others.

Race Relations Act Weaknesses • The act has made open racial discrimination unlawful and unacceptable however discrimination occurs in more hidden and indirect forms and can be difficult to prove. • Legislation does not change deeply held attitudes but can help change behaviour. Strengths • The act is wide ranging. • Following the Stephen Lawrence death the act was amended to include all public bodies. • The act applies to all racial ethnic groups.

CHECK POINT: Puttinglaws in context Anita and Craig are employed as health care assistants doing the same job. Anita discovers that Craig is being paid £1.50 ph more than her. Q1) Which law makes such discrimination illegal? Q2) Explain whether this is direct or indirect discrimination. Q3) Describe 2 likely effects of this type of discrimination on Anita. Q4) Explain how the law could be used to protect Anita against such discrimination.

POVA Protection of Vulnerable Adults POVA is part 7 of the Care Standards Act 2000. At the heart of the POVA scheme is the POVA list. (introduced in 2004). Individuals will be placed on this list if they have abused, neglected or otherwise harmed vulnerable adults in their care. People on this list must not be employed in care positions. These checks are part of the CRB checks. Originally intended to check NHS and other health care workers but been delayed. Currently covers care homes and registered domiciliary care agencies

The Equality Bill - Pending This bill has not yet been approved by government. Aims to: • make the law more accessible and easier to understand by bringing together nine major pieces of legislation and around 100 other laws in a single Bill. • Improve enforcement of law. • making Britain fairer by demanding public bodies to consider the diverse needs and requirements of their workforce and communities when developing employment policies and planning services

Rights and Responsibilities