The Human Rights Act 1998

Data Protection Act 1998, Freedom of Information Act 2000, Health and Social Care Act 2008, and Human Rights Act 1998

Equality Act 2010 is the law that bands unfair treatment and helps achieve equal opportunities in the work place and wider society.

Human Rights Act 1998 – is an Act that gives legal effect in the UK to certain fundamental rights and freedoms contained in

* Equality means treating people in a way that is appropriate for their needs. For example, an individual not able to mobilise efficiently but has been told they can’t use the lift they have to use the stairs like everyone else. This is not a great way to cater to the

Human Rights Act 1998 - The Human Rights Act means that residents of the United Kingdom will now be able to seek help from the courts if they believe that their human rights have been infringed.

The equality act promotes non discriminatory practice unlawful discrimination, harassment and any other acts that are prohibited. They have an equality of opportunities between people have the same protected characteristics and people who do not have the same.

The Equality Act became law on the 1st of October, 2010, replacing prior legislation such as the Race Relations Act 1976 and the Disability Discrimination Act 1995. Broadly, it ensures regularity in what employers and employees are required to do to make their workplaces a fair environment, conform and abide with the law, defining the nine protected characteristics, Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion or belief, Sex, Sexual orientation

The Human Rights Act covers all human rights and ensures that all individuals have rights on their side and can take legal action against any organisation that disrespects these. Meaning that if a care giver does not respect the needs of the resident they are caring for, their company can get sued due to their lack of care standards. The act states that everyone has the right to life, meaning that any life support mechanism cannot be withdrawn unless a person is beyond doubt clinically dead. It also says that every person has the right to protection from inhuman and degrading treatment, for example humiliation and inappropriate or rough care. It also prohibits discrimination, meaning that people must not be discriminated against due to their age/ethnicity/gender etc. meaning everyone must be treated equally with the same level of high standards of care no matter who they are.

The most commonly known policy that has affected all of the services is the human rights policy. This act was passed in the UK in 1998 which protected us and gave us the right to life, education, liberty and security and freedom of expression.

1.3 The legislation relating to equality, diversity and inclusion, stems both from UK government and European union. It offers protection from discrimination on grounds of age, disability, gender, race and ethnic origin, religious faith or belief and sexual orientation. The legislation has implications on all workplaces, in terms of employment practice and in terms of the services provided. Compliance with the legislation must be embedded in your Equality, Diversity and Inclusion policies.

The Equality Act (2010) is thought to be one of the most significant acts in promoting anti discriminatory behaviours by both employers and companies along with the rest of society. The Equality Act (2010) covers the Sex discrimination act, race relations act and also the disability discrimination and 6 other acts and regulation all in one and so this make it easier for everyone to understand their responsibilities and shows them how everyone is entitled to dignity and respect and gives individuals, greater protection from discrimination and to protect and also promote a fair and equal society (please see reference below).

This act applies for both men and women. It promotes that both men and women should be treated equally. For example in transport, education, jobs, equal pay etc. It promotes anti-discriminatory practice by making sure that men and women are treated equally, if this act didn’t exist, men and women may be deprived of certain choices. This act includes any discrimination against homosexual marriages or civil partnerships, any discrimination against pregnant women and maternity leave, also equal pay for

This act applies for both men and women. It promotes that both men and women should be treated equally. For example, in transport, education, jobs etc. It promotes anti-discriminatory practice by making sure those men and women are treated equally, if this act applies didn’t exist, men and women may be deprived of certain choices. This act includes any discrimination against homosexual marriages or civil partnerships, any discrimination against pregnant women and maternity leave, also about equal pay for both men and women.

The Equality Act 2010 is an updated law aimed at an attempt to stop discrimination and to help try encourage equality throughout society. The care environment should benefit from this improved equality act by ensuring certain groups of people within the healthcare who receive a worse service compared to the rest of the community receive equal opportunities. Under the Equality Act 2010, individuals are formally protected against the harm of discrimination on the grounds of their age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity status, race, religion or belief, and sex and sexual orientation.

Section 3 of the Human Rights Act (HRA) 1998 provides that primary and subordinate legislation “must be read and given effect in a way which is compatible with Convention rights”. This provides judges the power to interpret and amend legislation so far as it is possible so that it is in accordance with Convention rights. There is no need for ambiguity in wording of the act to use section 3 and it does not affect the validity of the Act notwithstanding the Act being incompatible with Convention rights. There are limits on judges’ ability to use section 3 which restrict cases in which it can be used. First, section 3 cannot go against the grain of the fundamental purpose of the legislation in question. Second, judges can only go “so far as possible” when interpreting legislation. The means that judges are restrained by the plain words of the provision and cannot stray from it’s meaning so far as to completely amend it.