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United Nation Covention on the Right of the child.

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United Nation Covention on the Right of the child.

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1) For the purposes of the present Convention, a child means every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier.

2)States Parties shall undertake all appropriate legislative, administrative, and
other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.

3) . States Parties recognize that every child has the inherent right to life

4) 3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.

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The legislation governing the compulsory treatment of certain people who have a mental disorder is the Mental Health Act 1983 (the 1983 Act). The main purpose of the 2007 Act is to amend the 1983 Act. It is also being used to introduce “deprivation of liberty safeguards” through amending the Mental Capacity Act 2005 (MCA); and to extend the rights of victims by amending the Domestic Violence, Crime and Victims Act 2004.

The 1983 Act is largely concerned with the circumstances in which a person with a mental disorder can be detained for treatment for that disorder without his or her consent. It also sets out the processes that must be followed and the safeguards for patients, to ensure that they are not inappropriately detained or treated without their consent. The main purpose of the legislation is to ensure that people with serious mental disorders which threaten their health or safety or the safety of the public can be treated irrespective of their consent where it is necessary to prevent them from harming themselves or others.

The changes in relation to the MCA are in response to the 2004 European Court of Human Rights judgment (HL v UK (Application No.45508/99)) (the “Bournewood judgment”) involving an autistic man who was kept at Bournewood Hospital by doctors against the wishes of his carers. The European Court of Human Rights found that admission to and retention in hospital of HL under the common law of necessity amounted to a breach of Article 5(1) ECHR (deprivation of liberty) and of Article 5(4) (right to have lawfulness of detention reviewed by a court).

he following are the main changes to the 1983 Act made by the 2007 Act:

definition of mental disorder: it changes the way the 1983 Act defines mental disorder, so that a single definition applies throughout the Act, and abolishes references to categories of disorder. These amendments complement the changes to the criteria for detention.

criteria for detention: it introduces a new “appropriate medical treatment” test which will apply to all the longer-term powers of detention. As a result, it will not be possible for patients to be compulsorily detained or their detention continued unless medical treatment which is appropriate to the patient’s mental disorder and all other circumstances of the case is available to that patient At the same time, the so-called “treatability test” will be abolished.

professional roles: it is broadening the group of practitioners who can take on the functions currently performed by the approved social worker (ASW) and responsible medical officer (RMO).

nearest relative (NR): it gives to patients the right to make an application to displace their NR and enables county courts to displace a NR where there are reasonable grounds for doing so. The provisions for determining the NR will be amended to include civil partners amongst the list of relatives.

supervised community treatment (SCT): it introduces SCT for patients following a period of detention in hospital. It is expected that this will allow a small number of patients with a mental disorder to live in the community whilst subject to certain conditions under the 1983 Act, to ensure they continue with the medical treatment that they need. Currently some patients leave hospital and do not continue with their treatment, their health deteriorates and they require detention again – the so-called “revolving door”.

Mental Health Review Tribunal (MHRT): it introduces an order-making power to reduce the time before a case has to be referred to the MHRT by the hospital managers. It also introduces a single Tribunal for England, the one in Wales remaining in being.

age-appropriate services: it requires hospital managers to ensure that patients aged under 18 admitted to hospital for mental disorder are accommodated in an environment that is suitable for their age (subject to their needs).

advocacy: it places a duty on the appropriate national authority to make arrangements for help to be provided by independent mental health advocates.

electro-convulsive therapy: it introduces new safeguards for patients.

8.

The changes to the MCA provide for procedures to authorise the deprivation of liberty of a person resident in a hospital or care home who lacks capacity to consent. The MCA principles of supporting a person to make a decision when possible, and acting at all times in the person’s best interests and in the least restrictive manner, will apply to all decision-making in operating the procedures.

9.

The changes to the Domestic Violence, Crime and Victims Act 2004 introduce new rights for victims of mentally disordered offenders who are not subject to restrictions.

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The main aims for the Act are to change how the NHS care is commissioned through the greater involment of clinicians and a new NHS Commissioning board, to improve accountability.
The Health and Social Care Act 2012 is an act of the Parliament of the United Kingdom. It provided for the most extensive reorganisation of the structure of the National Health Service in England to date.
The Health and Social Care Act 2012, states that each Clinical Commissioning Group CCG must, in the exercise of its functions, have regard to the need to: Reduce inequalities between patients with respect to their ability to access health services.
The NHS changed with Health and Social Care Act 2012 bringing in the most wide-ranging reforms of the NHS since it was founded in 1948. On 1 April 2013 the main changes set out in the Act came into force, and most parts of the NHS were affected in some way.
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Be up to date on the laws and rules surrounding confidentiality

From 1 October 2012, it will be unlawful for service providers and commissioners to discriminate, victimise, or harass a person because of age. A person will be protected when requesting, and during the course of being provided with, goods facilities and services.
Don't use personal confidential data unless it is absolutely necessary. Personal confidential data items should not be included unless it is essential for the specified purpose(s) of that flow. The need for adults to be identified should be considered at each stage of satisfying the purposes.

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legally protects people from discrimination in the workplace and wider society
protects- age, disability, gender, religion and race
covers everyone in britain
protects from discrimination
Discrimination means treating you unfairly because of who you are. The Equality Act 2010 protects you from discrimination by:

employers

businesses and organisations which provide goods or services like banks, shops and utility companies

health and care providers like hospitals and care homes

someone you rent or buy a property from like housing associations and estate agents

schools, colleges and other education providers

transport services like buses, trains and taxis

public bodies like government departments and local authorities.

The Act also protects you if people in your life, like family members or friends, have a protected characteristic and you're treated unfairly because of that. This is called discrimination by association. For example, if you're discriminated against because your son is gay.

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It lets you defend your rights in UK courts and compels public organisations – including the Government, police and local councils – to treat everyone equally

Created in 1998

dignity, fairness, equality, respect and independence are the 5 key qualities to human rights act

life, liberty and security is the 3 basic human rights
Important points in Human rights act 1998
• Freedom (Everyone is allowed freedom from)
• Right of equality between men and women (men ans women are allowed to do the same job but also have the same pay to)
• Freedom of movement ( freedom to move anywhere you want)
• A voice to speak (thoughts, opinions, facts)
• Right to live life and liberty (your allowed to live the life you have)
• The right to democracy (using respect)
• No punishment without law
• Respect for your life, families and friends and general community (mannered in a sensible way)
• Right to marry and have a family (you are able to have a family and marry)
• Right to education (everyone is allowed education)
• Participate in electons (voting for who you want, by option)
• Freedom of expressions