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HSC32 Level 3 Core - Promote, monitor and maintain health, safety and security in the working environment

1. What are the legal and organizational requirements on equality, diversity, discrimination and rights when working with individuals, key people and others, when monitoring and promoting health and safety?

In the context of equality, diversity and discrimination, the fundamental piece of legislation is the Human Rights Act 1998. All other legislation (either before or since this Act), all charters guidelines, policies and all other organizational requirements, must be implemented in compliance with it.

The Human Rights Act “guarantees” basic human rights: the right to life; the right to liberty and security of person; the right to freedom of thought, conscience and religion; the right to marry and found a family etc.

The care sector has the responsibility to promote and respect human rights as core part of their day-to-day work, from drafting policies regulations and rules, through internal staff and policy issues, administration, decision making, to implementing policy and working with members of the public.
The basic human rights which the care sector has the responsibility to promote are:

    • The right to life (relevant to protection of clients’ physical and mental wellbeing)
    • The right to freedom from torture and inhuman or degrading treatment (relevant to working with vulnerable clients, as the care sector does)
    • The right of respect for private and family life, home and correspondence
    • The right to freedom of thought, conscience or religion
    • The right of protection from discrimination

The care sector also has the responsibility to protect and promote the rights of people as set out in other relevant legislation (though these are also governed by the Human Rights Act) e.g.

    • NHS and Community Care Act 1990
    • The Care Standards Act 2000
    • Mental Health Act 1983