Unit 329 Promote positive behaviour

1.1 Describe the policies and procedures of the setting relevant to promoting children and young people’s positive behaviour.

Right to self-determination - If someone needs help to make decisions then decision-making should involve that person as much as possible

1. Explain how legislation and codes of practice relating to equality, diversity and discrimination apply to own work role

1.1 Explain how legislation, frameworks, codes of practice and policies related to positive behaviour support are applied to own working practice.

In health and social care settings, aggression could often be the result of fear, frustration or stress; consequently resulting in barriers to effective communication. Therefore care practitioners should device strategies to overcome this barrier by dealing with aggressive behaviour appropriately. For example:

it is important to protect the rights of those individuals who suffer a loss of autonomy

The introduction of the Human Rights Act 1998, as Oliphant and Lunney describes it “creates a new statutory remedy against public authorities for violating of the specified Convention rights” . Section 7 of the act requires that any individual that brings a claim against public authorities must be a victim. A victim under the Human Rights Act “refers to the person who could bring a case under the ECHR. Victims must be directly affected or be at risk of being directly affected by the act in questions. Victims can include…relatives of the victim where a complaint is made about death.” . An example of this would be the case of Rabone v Pennine Care NHS Foundation Trust in which Melanie had in the past attempted to commit suicide on several occasions. After the most recent attempt she was admitted to the hospital where they observed and tested her. Two days after, she was released for two days home visit despite her tests indicating her being at high risk of attempting suicide again, which is

Even though it has been argued that Human rights is of little assistance in dealing with

The aim of this essay is to critically evaluate the statement 'The European Convention on Human Rights exists to guarantee legal protection to fundamental rights'. It will examine how rights are protected in law and the way the UK approaches the protection of these rights. Explanation will be made of the way that the UK addresses the implementation of the rights in the English legal system. Issues such as conflicting rights and legal limitations will also be considered. An evaluation will be made of whether or not The Human Rights Act 1998 protects the fundamental rights of UK citizens as contained in the European Convention on Human Rights.

Before the Human Rights Act 1998 was passed by parliament it had been considered unnecessary

The Human Rights Act 1998 (c42) is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.[1] Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECtHR) in Strasbourg.

Human Rights Act of 1998 (HRA 1998) is a UK Law came into force to safeguard such rights in the UK. As a result all UK Citizens now enjoy a number of fundamental rights and freedoms protected by this Act such as Right to life, Freedom from torture, Prohibition of slavery and forced labour, Right to freedom of expression, Right to liberty and security, Right to a fair trial, No punishment without law, Right to respect of one’s private and family life, Right to freedom of thought, conscience and religion, Freedom of assembly and association, Right to marry, Prohibition of discrimination and so on.

Section 38 of the Charter provides that it is unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right. Public authorities are therefore subject to the obligation stipulated section 38(1) of the Charter that is to act in consistent with human rights and to give proper consideration to relevant human rights when making a decision

In this essay I will research and provide a timeline of developments to human rights, i will explain the underlying principles of the human rights approach and the importance of adopting human rights to care. After the Second World War ended in the mid 1940’s there became a serious realisation to the importance of human rights. This realisation got the United Nations to establish the Universal Declaration of Human Rights. This Declaration shows the first ever international agreement on the primary principles of human rights. There is a total of thirty basic human rights within the Universal Declaration and these rights apply to every single person in the world. An example of one of the rights everyone has is ‘the right to freedom from torture, inhuman or degrading treatment or punishment.’ (Article 5, 1948) In 1949 the council of Europe was created to achieve a stronger unity between its 47 members, this was in order to protect democracy, promote the key principles of human rights and to uphold cooperation on cultural, legal and social matters. The council of Europe still exists and they get to oversee and implement decisions that are made by the European Court of Human Rights. The European convention of human rights was then founded in 1950. It was developed by The Council of Europe to secure peoples basic human rights. Formerly proposed by Winston Churchill, it was signed in Rome in 1950 and came into action by 1953, allowing people to have freedom and dignified lives.

The concept of human rights, and human rights discourse though seeming to be a relatively new concept in terms of the history of humanity, is not. The concept of universal human rights predates the colonial project by hundreds of years. It is not merely a means for so called ‘western powers’ to expand but is the outlining and promotion of all rights that are naturally owed to each and every human being, justified by the basic fact that we are all human and therefore, equal. The concept of universal rights has been developed by both ‘western’ countries and those that have been left alone by this colonial project. As human beings have evolved the ability to reason, we have now, a responsibility to ensure that a baseline across humanity, regardless of religion, ethnicity, sex, gender, age or disability, is maintained.