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Argumentative text essay
Case study of age discrimination act 2006
Argumentative text essay
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Laws and Legislations which promote anti-discriminatory practice
Laws and Legislations are in place to promote equality, they apply to everyone and by law every individual must abide by these rules. The purpose of laws and legislations is that every individual is protected by them as others may discriminate against them and by putting these laws in place then it reduces the amount of discriminations and promotes equality. Just like any other setting, laws and legislations apply to hospitals as well. They are vital in a hospital setting as it can affect many factors in the hospital from the way nurses work to how data within computer systems are protected. In this report, I will be explaining how laws and legislations affect hospital setting and how they can bring positive reinforcement into a hospital setting.
Age Discrimination Act 2006
The Age Discrimination Act states that it is prohibited for employers and others to discriminate against an individual on the grounds of their age. This act protects all individuals of all ages against this kind of discrimination. An example this type of discrimination is an experienced and successful senior nurse who is only 40 is fired because the NHS board feel that she is becoming too old for the job and think that someone a few years younger maybe more preferable, so they decide to fire the senior nurse. This is indirect discrimination, where the individual is unaware that they were discriminate against because of their age. The NHS board did not take in to account the senior nurse’s skill, experience or how well she could cope with the job. All they took into account was her age. This act prevents discrimination as if the NHS board followed the rules of the age discrimination act then th...
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...re. The care standards act requires that staff deliver to patients, safety, confidentiality, privacy, choice and consent. By providing this individuals feel more comfortable as they feel that they can express their opinion and vast amount of trust can be developed.
An example that promotes the importance of the care standards act within a hospital is if a male nurse was to start bathing an elderly schizophrenic female patient who did not wished to be touched by a male nurse then this is violating her own wishes and therefore she is not receiving a high standard of care as her views were not listened to and respected. The care standard act protects patient’s view and ensures that the well-being of the patient is being put first. This is important for the services to put the patients first as they are using the services and without them the services may not exist.
Standards are important aspects of nursing that a nurse must learn and implement every day for the rest of their nursing career. These standards provide for a nurse’s competence in the quality of care they deliver to the public. Standards offer a necessary guidance to nurses everywhere in an effort to ensure that people are treated correctly and ethically. Patients expect nurses to have a general knowledge of the medical realm and to know exactly what it is they –as nurses- are responsible for. Nurses need to have a sense of professionalism that enable the patient to feel safe and secure, knowing that a competent person is caring for him. A lack of professionalism does the opposite, making it impossible for a patient to trust or respect the nurse caring for him. Standards of nursing, if utilized correctly, give the nurse that sense of professionalism the patient is expecting. It insures for the safety of the patient and allows the nurse to provide quality health care that is expected of a medical professional.
This case concerns Mr Homer, a 51-year-old who retired from the police force in October 1995, and his numerous appeals against the holding of the Court of Appeal that there was no indirect discrimination with regard to his age. The Chief Constable of West Yorkshire Police appeals against the decision made that if there had been indirect discrimination, it could not be justified in this case. The case of Seldon V Clarkson Wright and Jakes [2012] UKSC 16 ran alongside however it was concerned with direct discrimination of age. The case of Mr Homer reached the Supreme Court before justices: Lord Hope (Deputy President), Lady Hale, Lord Brown, Lord Mance and Lord Kerr on appeal from: [2010] EWCA Civ 419.
A positive care environment is reinforced by legislation and national care standards implemented by the Scottish Government. Legislation such as, Data Protection Act 1998, Mental Health (Care and Treatment) (Scotland) Act 2003, Health and Safety at Work Act 1974, GIRFEC (Getting it right for every child) and the Regulation of Care (Scotland) Act 2001 put safeguards in place to give the service user legal rights.
Each provision of this code involves setting standards for which a nurse should follow. They also set a basis for what is appropriate concerning how a nurse should act and care for a patient. I do not believe that this code should be optional to follow. This is because being a nurse comes with responsibilities and duties that one should be expected to uphold, regardless of whether of not they want to follow it. When we choose to become a nurse, we are devoting our work to caring for other human beings. This means we need to be ethical when making decisions, as well as professional. I do not feel that it is something that should be taken lightly, and this code of ethics includes important things that nurses should naturally be expected to
Promoting anti-discriminatory practice will feel and needs to be done by having positive relationships with all the children and young adults as individuals, showing respect to every child that offers their opinions and by communicating with them, support children who additional needs the same way you support a child without, encouraging the child to express their beliefs with other children and In order to promote anti-discriminatory practice the practitioner needs a message, that is conveying the message and to an appropriate audience to spread the message.
One of the five key principles of care practice is to ‘Support people in having a voice and being heard,’ (K101, Unit 4, p.183). The key principles are linked to the National Occupational Standards for ‘Health and Social Care’. They are a means of establishing and maintaining good care practice. Relationships based on trust and respect should be developed between care receivers and care givers, thus promoting confidence whilst discussing personal matters without fear of reprisal and discrimination.
One of the significant current discussions in healthcare since the Francis Report, concerns the regulation and training of Healthcare Assistants. Healthcare Assistants (HCAs), also known as Healthcare Support Workers, work in a wide variety of healthcare settings from GP surgeries and clinics to acute hospital wards. There are 1.3 million of them working in front-line care roles in the UK (DoH, 2013). These workers are currently unregulated and at present there is no compulsory role-specific training. HCAs are legally permitted to carry out most clinical tasks of a Registered Nurse, however, there is no definitive list stating what tasks they can or cannot undertake. This paper will attempt to demonstrate that there is an urgent need for HCA regulation and standardised training. It has been divided into four parts. The first part deals with the arguments for HCA regulation, the second with the hurdles that regulation would bring and the last part will attempt to draw some concussions and recommendations.
Healthcare provider’s perception and judgment in the patient’s well being as well as taking into account the right of the patient in every action is one of the key elements in nursing practice. International Council of Nurses (ICN), (2006) states “The nurse at all times maintains standards of personal conduct which reflect well on the profession and enhance public confidence” (p. 3). Furthermore, nursing action guided by theory and principles of moral and legal rights complements excellent nursing care. Nurse’s awareness in moral and legal codes helps them control the complicated scenario encountered and direct the nurses in the best possible action answerable by law (Lachman, 2006).
Recent developments in standard of care and professional relationship with patients have made law fundamental to the study and practice of nursing. At every stage of patients care, law helps bring up to date nursing practice and it is essential that nurses understand the legal and ethical implications of law in their nursing profession (Griffith and Tengrah, 2011). The purpose of this essay is to discuss the concept of consent in relation to the role of the nurse. This will aim at demonstrate ethical and legal implication of consent on nursing practice and professional working. In the Code (2008, cited in Griffith and Tengrah, 2011) the Nursing and Midwifery Council set standards for nursing professional to follow. Among the rules is the requirement of nurses to obtain consent before care is given.
In the hospital setting, accountability issues can occur from a variety of issues such as not following orders, to medication errors, and not overseeing delegation of tasks. In every workplace there will be employees being held accountable for their lack of maintaining interpersonal boundaries. These issues can include discrimination, inappropriate sexual advances, and personal conversation that are not work appropriate.
Safety is focused on reducing the chance of harm to staff and patients. The 2016 National Patient Safety Goals for Hospitals includes criteria such as using two forms of identification when caring for a patient to ensure the right patient is being treated, proper hand washing techniques to prevent nosocomial infections and reporting critical information promptly (Joint Commission, 2015). It is important that nurses follow standards and protocols intending to patients to decrease adverse
Blacks considered the N-word to be one of if not the the absolute worst and most offensive word throughout history. Why should that suddenly change because the last two letters are changed to an a? The meaning and history of the word is something of which many members of the younger generation are completely oblivious. Why should this dehumanizing, demeaning word be used freely in songs and everyday speech? In the words of Martin Luther King Jr: “We hold these truths to be self-evident: that all men are created equal.” If all men are created equal, then why should blacks be discriminated against in everyday language and in popular songs?
Nursing and midwifery council (2008) The Code: standard of conduct, performance and ethics for nurses and midwives. London: Nursing and Midwifery council
The Age Discrimination in Employment Act of 1967 is an act that was passed that clearly states that employers can’t be discriminate against someone based on their age 40 and older. The older adults are trying so hard to hold onto their jobs with dear life, because if not they will be nudged out and pushed aside. Not because of anything but rather because of their age. Age discrimination is on the rise as young as 50 years old. Age discrimination can happen to anyone regardless of your race, ethnic backgrounds or sexual orientation. A study was published in the Journal of Age Ageing and in the report it said that British People 50 years old and older faces discrimination about one third of them. In a resent survey older adults says job insecurity
One of the many challenges in being a nurse is demonstrating the professional responsibilities of ones own practice in order to provide proper care to the patients and their families. It is crucial that nurses are in a healthy mental and physical state in order to provide adequate care for the patient. An example of Standard 1, professional responsibility and accountability, Indicator