Assess the influence of a recent national policy initiative promoting anti-discriminatory practice (M2)
In this assignment, I am going to assess the influences of a recent national policy which promotes anti-discriminatory practice. There are several national policies and legislations in place to make sure that individual’s are not discriminated against due to their circumstances. One of these is the Age Discrimination Act 2006.
Age discrimination, or ‘ageism’, is defined by personnel today as “any prejudice or discrimination on the grounds of age”. When we talk of age discrimination in a work place, this is generally where someone has missed out on the opportunity to get a job on the grounds of their age, whether they are thought of as too old or too young.
The Age Discrimination Act 2006 requires that all employment practices are based on skills and competences, rather than the age of the person. Not only does this policy have rules regarding getting employed, it has rules that must be followed when the employee is working. So, if an individual feels that they are being treated differently because of their age, they are able to make a complaint against that staff member/colleague and/or sue them.
A strength of the Age Discrimination act is that when employers are looking for new staff members, they will employ staff based on how suited they are to the job. Sometimes, when employers don’t think that someone of an older age will be the best for the job, this can be a mistake. In some cases, the applicant who is slightly older might be better for the job as it might mean that they have more skills to offer for the job. In a health and social care profession, looking after the service users is the main priority of any care professional. For this type of job, the amount of skill a person has is absolutely paramount. This act ensures that people will be employed based on their amount of skill, and not discriminated against because of their age.
Another strength of the Age Discrimination Act is that it gives a chance for younger people to prove themselves to employers that they can do a job. If jobs want people of a certain age and over, then the younger people will not get a chance to gain any experience. So, by the time the person does reach an age where employers feel they are old enough to be employed, they will not have any experience, and therefore unable to do jobs with more responsibility and required skill.
A weakness of this act is that the safety of the employee could be at risk. Whilst it is wrong to discriminate against someone for their age, in some jobs, the age of the employee can mean that they are putting their selves at risk. For example, in a job where manual work is the primary focus, the employee may not be physically suited for the job as their age may mean that their bodies are too frail (too old), or if their bodies are not yet mature enough (too young). Although, when applying for the job in a CV, this may not be a cause for concern –as, by law, you do not have to specify your age on the application-, but in a job interview, or training session, this can be an issue. I don’t think that this would be seen as discrimination as the top priority would be the safety of the applicant.
Another weakness of this act is the safety of the potential service users who may be being looked after by the potential job applicant. If the person is applying for a job that is based around physically caring for someone, such as nursing, then their age can sometimes matter. For example, a woman aged 65 could apply for the position of nurse, or clinical support worker at her local hospital. She has had years of experience, and previous jobs of this line of work. On paper, she could be the perfect applicant. But, her age might affect her ability to give care which is up to standard. Nurses and clinical support workers have a very hands-on job, and need to be quite active to give the right amount of care. That applicant might have all the years of experience, but because her body might be slowing down, she might be unable to deliver the right amount of care that the service users are entitled to. Again, i don’t see this as discrimination as the top priorities would be the safety of the applicant and the services users who would be involved.
Limited, R. (2007) Age discrimination: a guide for employers - 10/1/2007 - Personnel Today. Available at: http://www.personneltoday.com/articles/01/10/2007/42618/age-discrimination-a-guide-for-employers.htm [Accessed: 27Apr 2013].
Businessballs.com (2010) age diversity, age discrimination, ageism legislation, ageism advice for employees and employers. Available at: http://www.businessballs.com/ageism_diversity_discrimination.htm [Accessed: 27 Apr 2013].
Stretch, B. and Whitehouse, M. (2010) Health & social care. Harlow: Pearson. ces. The differences include religions, beliefs, gender, ethnicity, race, socio economic status, sexual orientation and age,( Lawrence,2010).
In health and social care setting, all service users have the right to be respected. Respect is the core of health workers responsibility. A care worker has to respect someone’s choice of treatment even if it doesn’t much their own. For example, an elderly person who had a heart attack and keeps refusing to take his tablets, care worker has to respect his choice even though it might harm the patient’s health.
Human Right also promoted anti-discriminatory practice by putting individual’s at the heart of service provision, empowering individuals, supporting individuals to express their needs and preferences, promoting individual’s rights, choices and well-being, providing active support consistent with beliefs, culture and preferences.
As a health and social care provider, it is important to support individual’s differences when outlining health and care plans and also be aware of their specific needs. By respecting individuals’ differences, they will feel valued and they are being treated with dignity Service users also have the right to be allowed privacy. Care workers have to make sure the treatment given to clients are kept private, make sure that none can access this privacy and ensure that dignity is maintained in any procedure.
Clients have the right to be treated equally and not discriminated against. For example, a care worker should not give a particular treatment to a specific client just because they are both from the same country. The care workers should treat all individuals on the same way and not give favourable treatment to particular clients, (Lawrence, 2010).
People from different backgrounds have different requirements, for example, some people need to have a female doctor because their religion has restrictions on who can see them undressed. Others might have restrictions on food because of their religion or beliefs. Others have requirements as to what sex doctor they require for certain intimate examinations. Therefore, it is very essential to distinguish that people have different requirements that need to be respected, (Lawrence, 2010). So, Human Right Act 1998 comes to help people from different backgrounds to e treated equally.
Service users also have the right to be allowed to access their health records and any information about them. Therefore, Care workers have to keep the client’s records up to date and be able to find the information easily and keep the information confidential.
Services users have the right to be protected from danger. All care settings have to have health and safety policies and procedures and ensure that everyone is following them.
Finally, clients have the right Act 1998, helped people to have freedom to communicate using their preferred language and methods of communication. In health and care setting, care workers have to make sure that the right language is used in order to have an effective communication. All care setting have to provide interpreters when it is needed.
To conclude, human right act 1998 has made sure that individuals in health and social care settings have their rights and they are the heart of the service provision and treated as a unique individual. According to http://www.mind.org.uk; “Human rights are legal obligations owed by states and public authorities to everyone. This means that governments and public authorities must act in a way that respects human rights. Governments must also pass laws to ensure that individuals respect each other’s human rights. Every human being has human rights regardless of their particular situation or characteristics.”

References
Lawrence, P, Whitehouse, M, Stretch, B,.,( 2010)., Health and Social care Level 3book 1., Pearson Education Limited., England and Wales.
Bossons, L, Boys, D, Langridge, E, Michie, V, Roe, J.,( 2007)., BETEC National Health and Social Care Book 1., Nelson Thornes Ltd., United Kingdom.

http://www.mind.org.uk (assessed on 29/05/2013) www.gov.uk (assessed on 28/05/2013)

Unit2: Equality, diversity and rights in health and social care.
M2: Assess the influence of a recent national policy initiative promoting anti-discriminatory practice
Human right Act 1998 has ensured that everyone has the right to be treated with fairness, respect, equality and dignity. Human right has given every individual the right to be respected, the right to life, right to marry, right security, the right to privacy, right to freedom and religion.
This assignment is going to assess the influence of Human right Act 1998 promoting anti-discriminatory practice.
The human rights act promotes anti-discriminatory practice by making sure that everyone has the right to be treated equally with dignity and respect. Everybody has the right to have access to public services and the right to be treated fairly.
According to www.direct.gov.uk The Human Rights Act 1998 includes: right to life, right to liberty and security, no punishment without law, right to marry, freedom of expression, right to education, protection of property, right to participate in free elections, freedom of assembly and association, freedom of thought, belief and religion.
Human Right Act 1998 has ensured that everyone has rights which protect them from harm and abuse. These rights allow individuals to achieve their potential and access the same opportunities as others.
Everyone has the right to freedom of thought, religion, and the right to be respected for private and family life. It also requires equal treatment in access to public services or employment regardless of people’s age, ethnicity, disability, race, religion, gender or sexual orientation .It is illegal to treat people less favourably or harass them because of who they are.
This act also promote anti discriminatory practice in any health and social care settings by providing active support consistent with the beliefs, culture and preferences of the individuals. Service users come from different backgrounds and have different behaviours and beliefs. Therefore, it is very important that people working in health and social care, understand that each individual is different than the other and have to respect their differences. The differences include religions, beliefs, gender, ethnicity, race, socio economic status, sexual orientation and age,( Lawrence,2010).
In health and social care setting, all service users have the right to be respected. Respect is the core of health workers responsibility. A care worker has to respect someone’s choice of treatment even if it doesn’t much their own. For example, an elderly person who had a heart attack and keeps refusing to take his tablets, care worker has to respect his choice even though it might harm the patient’s health.
Human Right also promoted anti-discriminatory practice by putting individual’s at the heart of service provision, empowering individuals, supporting individuals to express their needs and preferences, promoting individual’s rights, choices and well-being, providing active support consistent with beliefs, culture and preferences.
As a health and social care provider, it is important to support individual’s differences when outlining health and care plans and also be aware of their specific needs. By respecting individuals’ differences, they will feel valued and they are being treated with dignity Service users also have the right to be allowed privacy. Care workers have to make sure the treatment given to clients are kept private, make sure that none can access this privacy and ensure that dignity is maintained in any procedure.
Clients have the right to be treated equally and not discriminated against. For example, a care worker should not give a particular treatment to a specific client just because they are both from the same country. The care workers should treat all individuals on the same way and not give favourable treatment to particular clients, (Lawrence, 2010).
People from different backgrounds have different requirements, for example, some people need to have a female doctor because their religion has restrictions on who can see them undressed. Others might have restrictions on food because of their religion or beliefs. Others have requirements as to what sex doctor they require for certain intimate examinations. Therefore, it is very essential to distinguish that people have different requirements that need to be respected, (Lawrence, 2010). So, Human Right Act 1998 comes to help people from different backgrounds to e treated equally.
Service users also have the right to be allowed to access their health records and any information about them. Therefore, Care workers have to keep the client’s records up to date and be able to find the information easily and keep the information confidential.
Services users have the right to be protected from danger. All care settings have to have health and safety policies and procedures and ensure that everyone is following them.
Finally, clients have the right Act 1998, helped people to have freedom to communicate using their preferred language and methods of communication. In health and care setting, care workers have to make sure that the right language is used in order to have an effective communication. All care setting have to provide interpreters when it is needed.
To conclude, human right act 1998 has made sure that individuals in health and social care settings have their rights and they are the heart of the service provision and treated as a unique individual. According to http://www.mind.org.uk; “Human rights are legal obligations owed by states and public authorities to everyone. This means that governments and public authorities must act in a way that respects human rights. Governments must also pass laws to ensure that individuals respect each other’s human rights. Every human being has human rights regardless of their particular situation or characteristics.”

M2 Assess the influence of a recent national policy initiative promoting anti discrimination practice.

There are several national policies and legislation in place to make sure that individuals are not discriminated based on their circumstances. These national policies such as the mental health act and the mental capacity act of 2005.

Mental health Act 1983 as amended in 2007 with the mental capacity act is guide for health care to follow for the benefits and protecting the rights of people with mental disorder with the primary objective to make sure individuals can receive effective care and treatment.

The Mental Health Act (1983) is a significant statutory framework for anybody working within the mental health. The Mental Health Act of 1983 covers the detention of people deemed a risk to themselves or others. This provides a framework for decision making, by providing a logical format in which balances the law and legal values in order for a mental health worker to reach a decision of action. Mental health patient are the most discriminated in health care setting, this is due to the presentation. There is the tendency of mental ill patient being stigmatised by the public and even health care professionals who they are under their care. Therefore the government enact this piece of legislation.

This act came into force in 2007 after series of reported abuse and neglect found in mental health institution which is characterised with discrimination. The act was to protect service users from abuse and discrimination by providing a guideline in which a health care professional most follow to protected the patient from discrimination. The Act sets out the criteria that must be met before compulsory measures can be taken, along with protections and safeguards. The importance of this Act is to ensure people with an effective service with boundaries and laws to protect vulnerable individuals, maximising their safety and well-being and protecting them from harm.

Since the act came in place, there has been a reduction in the number of reported abuse and death. Patient are treated with respect and dignity. This act has made it possible for mental health patient not to be discriminated as this act stipulate how and measures to be taken to protected the service users. The use of service user for mental health patient is to remove the stigmatisation associate with mentally illness. Section 127 of the act stipulates a maximum penalty of five years for ill treatment or neglect of a patient. The appointment of independent mental health advocate helps to speak out for the detained patients

However, despite this piece of legislation the major issue of discrimination and prejudice towards mentally ill still exist. The act does not cover the discrimination in the community, it only focuses on admission to hospital. Therefore the inclusion of mental health in the Equality act 2010. The Equality Act 2010 makes it illegal to discriminate directly or indirectly against people with mental health problems in public services and functions, access to premises, work, education, associations and transport.