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The Human Rights Act is a piece of legislation that states that individuals are entitled to a number of human rights such as the right to freedom of expression, the right to life, the right to marry and start a family etc. the act ensures that every individual is given these basic human rights regardless of race, gender, ethnicity, or background.
The Convention on the Rights of the Child is a worldwide piece of legislation that protects Children and Young people ensuring that hey are all being given equal rights. Some of these include; the right to life, the right to freedom of expression, the right to education and the right to an adequate standard of living.
This relates to challenging behaviour because all children who display challenging behaviour are covered by this act as they are under the age of 18. This means that they are protected against discrimination, there is also a specific article that covers children with disabilities - "Article 23 (children with disability)A child with a disability has the right to live a full and decent life in conditions that promote dignity, independence and an active role in the community. Governments must do all they can to provide free care and assistance to children with disabilitychildren with disability)A child with a disability has the right to live a full and decent life in conditions that promote dignity, independence and an active role in the community. Governments must do all they can to provide free care and assistance to children with disability." - Quote taken directly from the UNICEF Summary.
This relates to challenging behaviour because the challenging behaviour individuals display is usually caused by a disability or learning difficulty and so individuals will regularly access health and social care services such as; hospitals, occupational therapists, child and adolescent mental health services (CAMHS) etc, for appointments and so will be covered by this act ensuring that they are being given the correct standard of care.
This relates to challenging behaviour because children with learning disabilities should be allowed the same rights as any other child and they are also very vulnerable to exploitation and may not always be allowed the opportunity to express themselves as their form of expression may be challenging or people may not understand them but this act ensures that children are protected and children displaying challenging behaviour are given the right to expression.
This relates to individuals with challenging behaviour because they will come into contact with individuals working in the health and social care sector on a regular basis, they are also vulnerable and may not always be able to make an accurate judgement on how trustworthy or safe individuals are.
NHS Constitution sets out the rights that staff and service users are entitled to. There are 4 main sections to this code of practice; principles that guide the NHS, NHS values, patient rights and responsibilities and staff rights and responsibilities.
This relates to individuals with challenging behaviour because individuals who display challenging behaviour are likely to access NHS service on a regular basis. They benefit from this code of practice because staff pledge to ensure that their rights are adhered to such as the right to dignity and respect, the right to the refusal of treatment, the right to make choices and the right to confidentiality and privacy amongst many other things.
OFSTED is the official body for inspection and regulation of education providers and childcare services in the UK. They visit children's services and inspect them according to their 4 key values - Putting children and learners firstAchieving excellenceBehaving with integrityand Valuing people’s differences.
This relates to individuals with challenging behaviour because they will access at least one of the services that OFSTED regulate and their parents will want to ensure that their children are attending a high quality service. The core values are very important because by putting children with challenging behaviour first, they can receive the correct support which may in turn reduce the challenging behaviour or embrace it and use it in a positive way. By ensuring that the provision is achieving excellence the children presenting challenging behaviour are given the opportunity to thrive and achieve grades that reflect the best of their ability. If the service provider behaves with integrity, individuals with challenging behaviour and their families are kept in the loop about their care and education and will then be able to reach their full potential as they can trust the service. By valuing people's differences the service allows the individuals with challenging behaviour to be themselves and feel safe and comfortable because people appreciate them and encourage them to embrace their differences rather than force them to be the same as everyone else.
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