Task 1

Task 1.2
Explain how rights are promoted in Health and Social Care services

How a health and social care practitioner promote a service users rights
Health and social care practitioners promote a service users rights in a variety of different ways to a professional standard. If elderly people can’t make decisions for themselves then the practitioner ensures each individual are given choices, if an individual has dementia or any specific need then the practitioner will go through the policies and procedures and will essentially contact their next of kin – this comes under the Mental Capacity Act 2005. As each practitioner promotes the humans rights, this means everybody has a voice and a right to speak freely if they don’t agree with something.
There is a variety of legislation that relates to Health and Social Care, these being a few:
The Equality Act 2010
The Equality Act allows equality for all, meaning nobody is victimised or discriminated against and that the service user’s personal characteristics are protected against legally which ensures the service user is protected against any discrimination; safeguarding against any discrimination. “It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone.” (Gov.uk) Everybody is protected against discrimination whether you’re at home, in a workplace or in public, you’re protected against any discrimination due to legal rights.
The Human Rights Act 1998
Every individual each has their own right to freedom and this can be put under the Human’s Rights Act 1998, this act is very important as it is a legal act and can be breached. “Public authorities, like a local authority or the NHS, must follow the Act. If a public authority has breached your human rights, you may be able to take action under the Act.” (Citizensadvice.org.uk) Every human has their own human rights and once these are discriminated against, it is therefore a crime.
The Mental Capacity Act 2005
“The Mental Capacity Act (MCA) 2005 applies to everyone involved in the care, treatment and support of people aged 16 and over living in England and Wales who are unable to make all or some decisions for themselves. The MCA is designed to protect and restore power to those vulnerable people who lack capacity.” (Scie.org.uk) It ensures those who have difficulties when protecting their rights or are unable to make informed choices because of dementia still have protection from another individual, this usually being the practitioner or their next of kin as it is in their best interest to do so, this act helps keep them protected whilst promoting their dignity and rights which some might lack knowledge of.
The Care Act 2014
“The Care Act 2014 sets out in one place, local authorities’ duties in relation to assessing people’s needs and their eligibility for publicly funded care and support.” (Scie.org.uk) The Care Act therefore is an act that helps those in financial need, helping them and their family benefit even if they struggle financially, this includes vulnerable adults. Meaning they have a right to be free from harm, neglect and any other potential harm whilst being situated in a good atmosphere.
Human rights In Health and social care
Human rights and rights are promoted in a variety of ways and are very important when having a role in Health and Social Care, it ensures each person can have freedom but a risk assessment must be done; this includes their care plan. In health and social care, equality is promoted to ensure that the service user is getting treated with the amount of respect and fairness as everybody else, regardless of their differences. To ensure their health and wellbeing is to be treated the way they want so they feel comfortable in the setting they’re in. To be aware of the rights the service user has and to keep up to date and have knowledge of all legislation means discrimination will be promoted against as the practitioner would have more of a comprehensive understanding of what not to do due to the research about legislation acts.
“In the UK all public authorities, including NHS organisations, have a duty to respect and promote peoples’ human rights.” (Equalityhumanrights.com) This means all organisations based in and around health and social care have to follow the policies and procedures to ensure the service user is happy. Following the procedures indicate that equality, diversity, inclusion and discrimination are all promoted against in the service. This includes the service users human’s rights being addressed and respected including their care plans being updated based on their likes and dislikes.
The use of communication within the rights of a service user is also very important as the service user should be spoken to and addressed by the service and practitioners themselves with respect and dignity. Making sure they are addressing the client with the correct communication as if they are treated unfairly this is going against the policies and procedures and can essentially be a problem and can possibly go to court due to the service user not having the value of support they are ensured to have.
Discriminatory practice in Health and Social Care
An individual can be discriminated against in many ways, the ways I’m going to mention are overt and covert abuse, bullying, abuse and prejudice. Being discriminated against by using abuse is a serious offence and can be taken to court. Being abused in any way is a serious matter and is to be approached and dealt with seriously.
Overt and Covert Abuse
Overt abuse is a type of abuse that is recognisable by the five senses “Verbal abuse, sexual abuse, physical abuse such as hitting, kicking, burning and restraining the victim are some of the ways an abuser uses overt abuse.” (Lovelywoundedlady.wordpress.com) This is something which is clearly shown and easily noticeable, whereas covert abuse is often unrecognisable and the victim may assume it was accidental but it’s in the abusers intention as the persons psychological wellbeing has been affected and abused. Most psychopaths and narcissists are aware of covert abuse as it is an easier way to brainwash the victim into thinking its their own brain that’s mentally abusing them even if the abuser is making what they say seem believable, this is because the abuser will rewrite a scenario that fits into reality meaning they can retell the event and effectively mess up the victims memory; this is abuse. “The victim is commanded to believe the version of reality the abuser tells them to, rather than their own memory of the events.” (Lovelywoundedlady.wordpress.com) This abuse is draining and mentally destroys a human’s brain; the brainwashing allows the self-concept of that individual to erode away due to the abusers tactics.
Bullying
Bullying happens all around the world, not just in health and social care services and can affect a person’s wellbeing which in many cases can lead to depression and even suicide. It becomes extremely dangerous if bullying is occurring in a workplace, especially when working with vulnerable places. Bullying is “any unwanted behaviour that makes someone feel intimidated, degraded, humiliated or offended.” (Bettal.co.uk) As the individual has their own rights this can mean if bullying is to happen, under their rights they can take legal action. The Equality Act 2010 is a legislation that was put in place for the rights of an individual not to be discriminated against due to their gender, culture, religion, sexual orientation or their disability as they can be breached and it is an offence. Offending a service user doesn’t just affect the human, but also the service itself. Policies and procedures need to be put in place to prevent bullying whilst also working and supporting the person themselves.
Abuse
Health and Social Care practitioners are responsible for supporting the service user no matter what job role they have, they are set to adhere to the policies and procedures and abide by the rules and regulations whilst maintaining a professional standard. Not all roles a service user is abused, but there have been many cases which linked to the poor quality of support they received from the service. Being abused in a HSC service is both overt and covert abuse and can be classed as abuse if it is: “psychological abuse, emotional abuse, verbal abuse, sexual abuse, discriminatory abuse, physical abuse, financial or material abuse, neglect” (Mind.org.uk) Abuse can be prevented by the service doing risk assessments and assessing each individual, whilst checking each practitioners DBS (Disclosure and Barring Service) as this assures no crime or caution has been committed before and can give more reassurance to the service user whilst being treated by them.
Prejudice
“A person may hold prejudiced views towards a certain race or gender etc.” (Simplypsychology.org) Therefore being prejudiced against also comes under being discriminated against as the prejudiced opinions are often stereotypes. For example they might be sexist and hold prejudiced views but don’t always act upon them, this means they’re not discriminating against anybody because it’s their attitude and opinion that they haven’t shared with anybody.
Task 1.3
Discuss ethical dilemmas that may arise when balancing individual rights and duty of care.

Reference List:
? Bettal.co.uk available on http://www.bettal.co.uk/bullying-harassment-social-care-workplace/ accessed on 27 September 2018
? Citizensadvice.org.uk available on https://www.citizensadvice.org.uk/law-and-courts/civil-rights/human-rights/the-human-rights-act-1998/ accessed on 26 September 2018
? Equalityhumanrights.com available on https://www.equalityhumanrights.com/en/advice-and-guidance/human-rights-health-and-social-care accessed on 26 September 2018
? Gov.uk available on https://www.gov.uk/guidance/equality-act-2010-guidance accessed on 26 September 2018
? Highspeedtraining.co.uk available on https://www.highspeedtraining.co.uk/hub/promoting-equality-diversity-health-social-care/ accessed on 26 September 2018
? Inclusion.me.uk available on https://www.inclusion.me.uk/news/what_does_inclusion_mean accessed on 26 September 2018
? Lovelywoundedlady.wordpress.com available on https://lovelywoundedlady.wordpress.com/2015/10/22/overt-abuse-vs-covert-abuse/ accessed on 26 September 2018
? Mind.org.uk available on https://www.mind.org.uk/information-support/guides-to-support-and-services/abuse/abuse-by-health-and-social-care-workers/#.W6ymJWhKi1s accessed on 27 September 2018
? Rcn.org.uk available on https://www.rcn.org.uk/get-help/rcn-advice/discrimination accessed on 26 September 2018
? Scie.org.uk available on https://www.scie.org.uk/mca/introduction/mental-capacity-act-2005-at-a-glance accessed on 26 September 2018
? Scie.org.uk available on https://www.scie.org.uk/care-act-2014/assessment-and-eligibility/ accessed on 26 September 2018
? Simplypsychology.org available on https://www.simplypsychology.org/prejudice.html accessed on 27 September 2018