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P4: Describe legislation & frameworks
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Mosun Daboiku D000621 Unit 16 Centre Number: 33711P4: Describe legislation & frameworks
Human Rights Act (1998)
The Human Rights Act protects the basic rights of an individual with dementia. This act has several
articles, which all promote and protect different aspects of a person's own rights. Article 2
encourages the protection of life and prevents life being taken away unlawfully, which oversees
dementia care by making sure all individuals' lives are valued, and they receive everything they need
to survive. Article 8 contains a person's right to privacy so dementia care should respect the privacy
of every individual and allow them dignity and not interfere with their private matters
inappropriately. Article 3 excludes torture, inhumane and dehumanizing treatment, which protects
people with dementia from harm and abuse as they are more vulnerable. Article 9 promotes
freedom of thought and religion, which allows the individual to hold their values and beliefs. Article
10 promotes freedom of expression, relating to dementia this makes sure the individual is respected
and treated as an individual.
Mental Capacity Act (2005)
The Mental Capacity Act provides protection for people who cannot make their own decisions in
terms of their care, welfare, and wellbeing. A person is thought not to have sufficient mental
capacity, if they cannot understand or properly judge the decision which needs to be made, they
cannot respond to it appropriately or recollect any information discussed or relevant to the matter.
As dementia causes memory loss and cognitive decline, people may no longer be able to make
rational or informed choices and cannot decide what is best for their own wellbeing. Mental capacity
is assumed until all other ways of a person making a decision are impossible or unsuccessful so
people with dementia should not automatically be assumed incapable of making decisions because
of their condition, and their wishes and opinions should always be respected and considered by
those caring for them. When a person does not have adequate mental capacity, either the person
with power of attorney or the court makes decisions on their behalf.
The Equality Act 2010
The Equality Act 2010 encourages anti-discriminatory practice in the care of all individuals, including
those with dementia. It encourages equal treatment for everyone, irrespective of their background,
race, gender, background, and circumstances, and makes sure that all people with dementia are
given a good quality standard of care. This act bans discrimination, which lets people with dementia
to be protected from harm and prejudice because of their condition. Care should always be
unconditional and non-judgemental. The act prevents people from becoming victims and makes sure
everyone is treated fairly and not given a lesser standard of care.
Living Well with Dementia
The Living Well with Dementia framework is a policy which focuses on refining the quality of life for
people with dementia, and to make life easier for them overall. It addresses the needs and any
matters faced by people with dementia and aims to improve these. It allows people with dementia
to continue activities they normally do, and supports them in doing so, for example, the provision of
an emergency wristband which locates them and accesses support services if the person needs help
both when they are at home and outside of the home. It also provides support for relatives and
carers to give a better quality of life and support for everyone affected by dementia.
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