...Identify two legislations that protect the rights of the service users. Give an example how relevant legislation protects a service user. | Mental healthLearning disabilitiesReceive appropriate careChildrenAdultsyoung people | Human rights act (1998): right to life, freedom, right to fair trial, right to liberty, right not to be punished for something that was not a crime when you did it.Equality act (2010): protects people from discrimination, harassment and victimisation depending on age, disability, gender reassignment, marriage and civil partnership etc. | Criteria: P1, P2- L2 Summarise the individual rights of service users in health and social care | Describe how current and relevant legislation that protect the rights of the service users. Give two examples how relevant legislation protects a service user. | Individuals using health and social care services rights protected by laws, legislations, policies such as data protection, safe guarding. which allows them to be respected, safe, independent, given privacy, treated as an individual , for staff to work in partnership with the parents, carers and other agencies, to be given rights, to be treated with dignity, expect staff not be breach confidentiality, for staff to know each of their unique identity. | Human Rights act (1998), Equality act (2010).Human rights act gives you the right to sue anyone to cut when one of the rights and freedom are being breached. Example is right to life, right to education...
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...BTEC Level 3 National Extended Diploma in Sport and Exercise Sciences Unit 3: Assessing Risk in Sport Assignment 1:Legislative, Legal, and Procedures in Health and safety | Learning Outcomes:1 & 3 | Criteria: P1, P2,P4, M1,M3, D2 | (Please tick where evidence has been submitted) Evidence you need to submit | Tick in box if submitted | | Deliver a PowerPoint Presentation and speaker notes | | Task 1 | Summary of four legislative factors, legal factors and regulatory bodies that influence health and safety in sport | | Task 2 | Summary of three procedures used to promote and maintain a healthy and safe environment | | Date Issued: | | Submission Date: | | Date Submitted: | | | | Learner Name: | | Learner Signature:I certify that the work submitted for this assignment is my own. | | | | Assessor Name: | Anne Bedford | Internal Verifier: | | Date: | | Vocational Context – The health and safety of sports participants is paramount in today’s society. This is important not only in relation to the people who play sport but also those who work within the industry, and the thousands of loyal fans who follow and watch sport week in and week out. Health and safety is now a priority for those who work within the sector with the aim of reducing incidents and making the sector safer for spectators and participants alike. All organisations have a duty of care to the people within their environment. Scenario – In order for...
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...Unfortunately, the International Court of Justice (ICJ) also called World Court was not the first Court. Before its creation in 1946, the Council of the League had the permission and responsibility to establish a Permanent Court of International Justice in 1920after the committee had spent months revising and examining the Court’s constitution. The protocol establishing it was adopted by the Assembly of the League in 1920 and ratified by the requisite Council of states in 1921. All the procedures started way back in 1794 with Jay Treaty and The Hague Peace Conferences and the Permanent Court of Arbitration (PCA) in 1899. (http://www.icj-cij.org) According to EBSCO (2010); “the court was empowered to render judgments in disputes between states that were voluntarily submitted to it and to give advisory opinions in any matters referred to it by the Council or the Assembly of the League.” The Court contains fifteen judges nominated by the General Assembly and the Security Council and they serve a period of nine years but can be reelected each judge should be from a different state. Nine of those judges represent a quorum. The ICJ is able to make its own rules. Cases can be brought before the ICJ by all members of the UN. A special agreement is required by the two parties or one party can only send a written application to the registrar. After that, The ICJ can choose to hear witnesses or to hire investigators to report back on the case. (International Court of Justice, 2002) The...
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... John J. (24 Nov, 2005). Drug-Sentence Laws under fire; Mandatory minimum blasted: Telegram and Gazette (Worcester, Mass) A1. John Monahan a Statehouse Reporter for Telegram and Gazette discusses the mandatory minimum sentencing laws for drug related crimes which were adopted in the 1980’s and 1990’s. Monahan highlights some of the major problems with minimum sentencing laws related to drug crimes. The article relates to the core of the issue by recent research and opinions of government officials who support this view. He finds this opinion strongly supported by people in the legal field and some government officials as well, however the article is also of interest to those effected by or with some interest to mandatory minimum sentencing. Many critics find the laws to be unfair for various reasons. The laws target minorities, take discretion away from judges and put it in the hands of police and prosecutors who misuse this discretion and apply punishments that do not fit the crime committed. Senator Cynthia S Creem, D-Newton has sponsored a bill that would allow inmates to be considered for parole after serving two thirds of their sentence. However this proposal was rejected outright by Lt Gov. Kerry Healey. Rep. Anne Paulsen also proposed to make the law even stricter by adding time to their sentence for those who commit drug offenses nearby a school. The article concludes with Chief Justice Mulligan maintaining the law is a problem because it disproportionately...
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...affect to complimentary therapies. I will be discussing complimentary therapies that are available to service users of the health and social care services. Provision- In complimentary therapies the most common way to access this would to go to a private organisation. There are a lot of private organisations around. P2 In this part of the assignment I will...
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... Police believe good citizen report crime, and report any crime that see and comes forward as witness to any crimes that have been committed, this all would help police convict criminals and make the streets a much safer place. The legal view of citizenship is someone who owns allegiance to and certain country to There are many qualities to make you a good citizen such as: * Obeys the law * Doesn’t commit any crimes * Respects the law * aggress with the laws put in place * Respects the public services * Values the services * Patriotic * Has a strong sense of pride for their country * contributor to society * acts performed that benefit society * truthful and trust worthy * people can trust you a good citizen takes personal responsibly to improve the community which they live in they don’t complain about litter or how poor their local council might be they take it upon them self’s to move the litter themselves. P2- discuss the key concepts associated with diversity Diversity: * The range of visible and non- visible features that exist between people. Composition of local and national communities, within the borough/ local authority area, local community’s is linked to government; this is liked through the council and the local authorities and has the historical landmarks that go back to 100s of years. It...
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...fundamental rules about what is allowed of people or owed to people. Responsibilities is a duty or obligation to satisfactorily perform or complete a task (assigned by someone, or created by one's own promise or circumstances) that one must fulfil. Rights of Employers Responsibilities of Employers An employer has the right to set disciplinary action. Employer’s musts observe duty of care to employees. Employer has the right to supports the business aims. Must observe employments law and codes of practice. Employers have full rights of getting health and safety welfare. Employee must provide a safe work place. Appropriate use of company equipment. Employers must provide public liability insurance. Employers have the rights to set conditions of services. Must observe employees contracts. P2- Outline the rights and responsibilities of employees in an organization. INTRODUCTION All employees in the UK have the same statutory rights because these relate to the employment laws that affect everyone in the country. Right and responsibility of employees. Rights of employees Responsibilities of employees Employees have the right to know his / her working hours. Employees be reasonable competent and possess the skills claimed at...
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...Limitations and Constraints – P2 Legal constraints * Sale of Goods Act 1979 * The Consumer Protection from Unfair Trading Regulations 2008 * Consumer Credit Acts 1974 and 2006 * Consumer Protection (Distance Selling) Regulations * Data Protection Act 1998 Sales of Goods Act 1979 Under the Sales of Goods Act 1979 a company has to follow rules and regulations by law; this gives customers certain legal rights such as the right to return an item that may be faulty, if they want a refund or if they want to exchange the item for something else. All customers are entitled to goods that are: * As described. * Of satisfactory quality. * Fit for the purpose. Companies have to abide by the rules and regulations of this law; for example if Tesco were to sell a product that was not of satisfactory quality and not as described this would affect their company as they may face a penalty and/or loose customers. The Consumer Protection from Unfair Trading Regulations 2008 Some companies use misleading methods of advertisement and sales tactics to increase their sales of their products and/or services; therefore the law and rules for consumer protection from unfair trading regulations were implemented to stop companies from using misleading/unethical ways of advertisement. The law protects consumers from unfair trading practices, such as: * Pressure selling. * Misleading product offers. * False limited offer notices. * Aggressive...
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...that, to some extent, prohibition of illegal drug use has many associated benefits; considering the effects of some drugs on individuals. However, it is important to remember that, the use or selling of some illegal drugs for example, marijuana has many benefits than negative effects, a fact that makes it necessary for governments to legalize its use. Background information Marijuana is one of the mostly commonly used illegal drugs in the American continent. From statistics, more than sixty five million Americans at some point in their lives have used the drug, a factor many attribute to its mild effects on users. Although this is the case, the use of such a drug is a criminal offense, which is prosecutable in a court of law. It is necessary to note that, such prohibitions have not limited its wide use among the American citizenry, a fact that many associate with its medicinal importance. The war against Marijuana traces its origin from the Chinese empire, where inhabitants used it as a pain remedy. Because of the nature of movements during the colonial period, its use moved very fast to other corners of the world, where America is inclusive; as a result the establishment of the British colonies. In the early years of its use, majority of individuals; more so medical...
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...P1 Equality Equality is making sure that individuals or groups are being treated justly so no one is treated favourably, this therefore removes people being discriminated. The equality acts protect characteristics such as * Age * Disability * Gender reassignment * Marriage and civil partnership * Pregnancy and maternity * Race * Religion and belief * Sex * Sexual orientation This means everyone is equal and should be treated equal regardless. It’s very important in health and social care because according to equal opportunities it states that everyone should have the same good service experience that they deserve and their characteristics should not affect how they are treated. Equality is important because it will create good relations with staff and service users. Diversity Diversity means understanding that everyone is different and unique it’s also about recognising people’s differences and respecting it. This can be anything like race, ethnicity, gender, sexual orientation, socio-economic status, age, physical abilities, and religious beliefs. A person’s differences should not affect how they should be treated therefore Health carers need to understand different types of people so they do not discriminate covertly or overtly. Diversity is very important because we are now in a more diverse society in our lives and at work. Understanding people and diversity ensures that everyone is valued and treated fairly in a health care...
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...Unit 3: Health and safety Task 1: legislation P2 For this task I have been asked to outline how legislation, policies and procedures relate to health, safety and security and how they are influenced within the health and social care settings. The care setting, I have chosen is a day nursery, because I have completed my work placement there so I know a little but more about this setting. The nursery that I completed my work placement at looks after children aged 0-10 and the nursery is open from Mondays to Fridays and they also have an after-care option for parents that work later. Within a day nursery there are many different types of guidelines and legislations that have to be followed and I will be outlining six of the ones that I believe relate to my chosen care setting the most. I will also be outlining how they influence the care setting. The ones that I will be outlining are, the data protection act, the food safety (general food hygiene regulation), the reporting of injuries, diseases and dangerous...
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...CHAPTER III LEGAL AID A CONSTITUTIONAL MANDATE CHAPTER III LEGAL AID A CONSTITUTIONAL MANDATE 3.1 INTRODUCTION The constitution of India has defined and declared the common goal for its citizens as “to secure to all the citizens of India, justice – Social, Economic and Political”. The eternal value of the constitutionalism is the rule of law which has three facets i.e. rule by law, role under law and rule according to law. Under our constitution, it is the primary responsibility of the state to maintain law and order so that the citizens can enjoy peace and security. The preamble speaks of justice, social economic and political and of equality of status and opportunity. It points out that protecting the interest of the poorer section of the society is the constitutional goal. So this very idea of protecting poor people cannot be promoted without the effective, efficient functions of the legal aid programmes and legal literacy programme. The study relates to the Legal Aid provisions in Constitution and in the code of civil and criminal procedures. 3.1.1 Legal Aid Relevant Constitutional Provisions : Preambular Aspirations and Legal Aid The preamble79 to the Constitution summarises the aims and objectives of the Constitution. It is a legitimate aid in the interpretation of the constitution. It put 79 The Preamble of the Constitution of India declares, WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR DEMOCRATIC, REPUBLIC...
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...emphasised that this Handbook is not exhaustive on the areas it touches upon. It is presumed and expected that the reader would go well beyond this Handbook in the course of his/her preparation. The following words of Oscar Wilde express this quite succinctly "Education is an admirable thing, but it is well to remember from time to time that that which is worth knowing cannot be taught." Contents 1. Areas of Law involved 2. Difference between International Law & Municipal Law 3. Difference between International Law Dispute Resolution and Municipal Law Adjudication 4. Steps involved in International Law Moot research 5. Sources of International Law 6. Research resources for various sources of International Law 7. General resources of International Law 8. Preparation of Memorials 9. Preparations of Oral Submissions 10. General Information 1. What are the areas of law involved in International Moot Courts? International moots are based on either of the two areas: i. International Law Broadly defined, it is the body of legal rules, norms, and...
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...system and law-making process. P1 and P2 – Produce a diagram of the hierarchy of courts in the UK. Describe each of the courts in turn. P2 - European court of justice is the highest of court affecting our legal system since 1973. For points of European law, a decision has to be made by this court and is compulsory on all other courts in England and wales. However, there are still laws which are unaffected by European Union law and for these the Supreme Court (formerly the House of Lords) is the Supreme Court. An important aspect of the European court of justice is that is prepared to overrule its own past decisions if it feels it is necessary. This is a flexible approach to past precedents is seen in other legal systems in Europe, and is a contrast to the more rigid approach of our national courts. The court is divided in to three sections which are court of justice which deals with requests for preliminary rulings from national courts and certain actions for annulment and appeals. Then the general court rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. This means that this court deals mainly with competition law, State aid, trade, agriculture, trademarks. Then there is the civil service tribunal which rules on disputes between the EU and its staff. The role of the European court of justice is ensuring the EU law is interpreting...
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...Introduction The pure origin of law was founded on the rudimentary platform of customs, or what H. L. A. Hart describes it as “rules of obligation”. It forms the essence of the framework of order within a society. He stated the conditions required for the existence and effective implication of an “obligation” in a society would be the introduction of constrictions on the actions of its citizens and those who oppose the idea of it constitutes the minority of the population. This would effectively conjure social pressure for people to adhere to the rules. This has worked well in primitive societies. However, home to many societies bearing differing culture and religious practices, the sources of law of a modern nation does not simply come from the amalgamation of legally binding customs from respective societies as a solitary and direct source. By far, the law has been compounded, overruled, refined and developed over past centuries under the influences of historical, economical and social events. As such, the sources of law in a developed nation of UK today would involve common law and statutes as the leading sources, supplemented by delegated legislation, academic doctrines, customs, constitution, transnational and European Law. The Ius Commune In 1066, William the conqueror emerged victorious in the Battle of Hastings and became King of England. He unified counties with disparate customary practices into a national legal system, giving birth to common law. The word “common” was...
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