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Human Rights Act Essay Sample

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Human Rights Act Essay Sample

Learning Disability

1. A learning disability is a reduced intellectual ability and difficulty with everyday activities
2. It is thought that learning disabilities may be caused by hereditary, teratogenic factors (for instance, alcohol or cocaine use during pregnancy), medical factors (premature birth, diabetes, meningitis of mother or offspring), and/or environmental factors (malnutrition, poor prenatal healthcare).
3. The social model of disability says that disability is caused by the way society is organised, rather than by a person’s impairment or difference. It looks at ways of removing barriers that restrict life choices for disabled people.
4. Around 25%
5. A person with a learning disability can need some extra help in learning, including personal care. It takes longer and more patience but most people with learning disabilities have average to above average IQs. Care needs to be taken in maintaining the person’s self-esteem which can turn which can turn into depression and anxiety. A tolerant, positive home with allow the person to thrive.

Historical

The 1990s saw the introduction of direct payments and the growing influence and power of the people first movement and other self-advocacy groups. Person-centered planning and the human rights act led to people with a learning disability taking more control of their lives and making their own choices.

People with learning disabilities use to be locked away in institutions to be cared for. their independence was taken away and care givers made all of their decisions for them. This is now recognised as depriving their liberty. Services had to change. They are now guided by laws codes of practice and legislations to protect their liberty, basic human rights and provide equality and individualised person centered care. However, there may still be some workers who still do not understand learning disability care and may have outdated ideas. By looking at how past services were carried out providers are able to identify what was wrong in the provision and improve it to meet modern standards.

Key changes

Where people live – People used to live in closed institutions, they are now encouraged to live as part of the local community individually, with their families or as part of a smaller home. With adequate support to lead a normal life as possible.

Daytime Activities – These used to be planned within the institution, with little or no input from the individual. They are now encouraged to plan their own activities around their own interests out in the community.

Employment – People with LD used to be discriminated against with regards to employment with very few people finding jobs. with the equal opportunity act this is no longer acceptable. In fact they are actively encouraged to get a job where possible.

Sexual relationships – Because of the institutionalisation that took place, sexual relationships and parenthood were frowned upon with infants being re homed or terminated as it was assumed that the individual could not care for them and that they didn’t have the intelligence to understand the implications of a sexual relationship. Forced sterilisations also often took place. Now individuals are provided with support and advice enabling them to lead a normal life within their capabilities.

Provision of healthcare – The provision of healthcare has changed greatly over the years. Previously it was a “one cap fits all” approach. Now teams are leading the “person centered care approach” putting the person first and not the disability. Funding is more individualised now rather than having one pot for all it is distributed where it is needed.

Basic Principles

Social inclusion is where the individual is actively encouraged to socially be part of a local community, i.e. – becoming a member of a local club, project or having a job. Where individuals feel valued and their differences are accepted. Their needs are met without prejudices.

Advocacy is the act of speaking on the behalf of or in support of another person, place, or thing. Generally, a type of problem solving designed to protect the personal and legal rights of individuals so that they can live a dignified existence. Many types of advocacy exist. Regardless of type, effective advocacy generally involves a broad-based approach to problem solving.

Self-advocacy is about speaking up for yourself and making your views and wishes clear.

Group advocacy (also known as collective advocacy) is where a group of people with similar experiences meet together to put forward shared views.

Peer advocacy is support from someone with experience of using mental health services.

Best interest’s advocacy is where an advocate represents what he or she feels a person’s wishes would be, if they were able to express them.

To support individuals with LD, you need time and patience and also the passion to make a difference. The way you spend that time with them is what matters for example take time and involve them in activities like sports, creative arts day trips or social events.

Attitudes change

Negative – Low self-esteem, Lower expectations, Peer issues.

Positive – A label provides a diagnosis for the appropriate support to be put in place, it provides a common understanding between professionals and for families and care givers. It provides an explanation and answers to their concerns.

By Integrating individuals with LD into the local community – take them out e.g. shopping, eating out, sports clubs etc., bring society into their lives e.g. coffee mornings, concerts etc. By Implementing equality, diversity and social inclusion. Make courses, professional training available to schools, colleges etc.

CQC Is the independent regulator for adult social care and health care services in England. Its primary purpose is to register service providers and then to ensure their on-going compliance against the standards of quality and safety in care via a regulatory regime and regular inspections. The aim behind registration and inspection is to ensure that people who use the services are receiving the best quality of care possible, that their dignity and human rights are always being respected and that they play an active role in the planning and delivery of their care. Failure to do so can result in restriction, fines and even closure.

General social care council: skills for care ensures that England’s adult care workforce has appropriately skilled people in the right places, working to deliver high quality social care. To achieve this, they focus on the attitudes, values, skills and qualifications people need to undertake their roles. They work closely with other organisations that employ adult social care workers, people who use services, carers and others to develop effective tools and resources that meet the workforce development needs of the care sector.

Communications

Verbal communication – Use clear simple language. Keep sentences short and to the point. Repeat as needed. Use slow clear speech. Watch the emotion in your voice to what you are communicating. Minimise distractions. Check the lighting in the room is adequate. Show plenty of time for response. Adapt your communication methods to meet the individual’s needs. Make sure you are facing the person.

Non-verbal communication – make regular eye contact. Use a soft tone. Have an open posture. Use communication aids i.e. flash cards, pen and paper. Use appropriate touch Make use of makaton/sign language. Adapt your methods of communication to meet the individual’s needs.

Ability appropriate communication would be, for example, slowing down your speech to suit an individual’s understanding and giving them an appropriate amount of time for them to respond. It’s about respecting the person you are communicating with. Just because someone has got LD doesn’t mean they are stupid and should be spoken down to. You might just need to use a simpler form of communication and not patronise the individual. Their needs and wants are the same as anyone else in their age group. No one should be treated like a child.

You can check that they have understood you by asking the individual to repeat back what they remember of the conversation, ask them to carry out what you have discussed or ask them to write it down. Throughout the whole interaction you will be watching their body language so should pick up quite quickly if they have understood you or not. If the individual appears to have misunderstood you then go through it again. Giving them time to process the information. If they still misunderstand you then you could try a different approach i.e. showing them what it is you want rather than just talking about it.

H6023039 – Principles of diversity

Define what is meant by;

Diversity – is a range of different things, but within the care sector it is known as the individuality of the clients.
Equality – means ensuring everyone in your setting has equal opportunities, regardless of their abilities, their background or their lifestyle

Inclusion – means to included everyone within a group not leaving anyone out because of their race, gender ect.
Discrimination – is when someone is treated differently depending on the age, skin colour, religion etc.

2. This type of discrimination occurs when someone treats another person less favourably than others, because that person has a protected characteristic, such as; Age. Disability.

You can reduce the chances of discrimination happening by the way that you work. As a health or social care worker it is your duty to work in ways that promote equality, diversity and inclusion.

These principles should be included into everything that you do. To achieve this, you should:
• Respect diversity by providing person centred care
• Treat the individuals you support as unique rather than treating all individuals in the same way
• Ensure you work in a non-judgemental way. Do not allow judgemental beliefs to effect the care and support you provide
• Follow the agreed ways of working in your workplace to create an environment that is free from discrimination
• Work in an inclusive way that sees the positive input that all individuals can make to society and to their own care
• Be confident to challenge or confront discriminatory practice if you see this in your workplace.
Legislations
Anti discrimination Act 1977

Racial discrimination act 1975

Age discrimination act 1975

Special Educational Needs and Disability Act 2001

Mental Health Act 1983 and 2007 amended Act

Carers (Equal Opportunities) Act 2004

Human Rights Act 1998

Race Relations Act 1976 and Race Relations (Amendments) Act 2000 and 2003

Sex Discrimination Act 1975 and 1986

Disability Discrimination Act 1995

A few ways you can interact with an individual in an inclusive way could be allowing them to be fully involved in their daily life, allowing them to make their own decisions about their own care needs. You should take a genuine interest in the individual and be respectful towards them. You should try be open to a person’s needs, beliefs, wishes, culture and views, don’t be judgmental and assume you know the individual.

If I witness a discriminatory incident. I would address the situation by reporting and recording it. I would do this immediately if possible, if not as soon as an opportunity arises. By doing this it is more likely to be dealt with in the appropriate manner.

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