Human rights legislation Essay

UK Citizens now need certain basic human rights which government and unrestricted authorities argon leg in ally obliged to respect. These became law as smash of the homophile Rights Act 1998. This Act 1998 gives legal effect in the UK to 16 of the funda mental rights and freedoms contained in the European Convention on Human Rights (ECHR). These rights non plainly affect matters of life- condemnation and death like freedom from pain and killing and alike affect your rights in everyday life what you tramp say and do, your beliefs, your right to a fair trial and mevery a(prenominal) other similar basic entitlements. The rights atomic number 18 not absolute governments defy the power to limit or control them in times of solemn need or emergency. in that location are also responsibilities to respect the rights of others and not set yours in a way which is likely to stop them from be able to exercise theirs. (Human Rights Act, 1998)The evidence from the Estia semina r, suggests that some of the human rights legislation has not yet had much effect on the do its of peck with a erudition hinderance, especially in those whose attainment disability is more severe (Annette, 2004).This rumination will focus on the issues surrounding personal relationships, three articles of The Human Rights Act (1998) relate to this Article 3 no star shall be subjected to torture or to inhuman or degrading treatment or punishment Article 8 Every unmatched has the right to respect for his private and family life, his fellowship and his correspondence and Article 12 Men and women of marriageable age keep up the right to marry and to found a family, according to the national laws politics the exercise of this right. (Human Rights Act, 1998)Feelings tout ensemble human creations are versed beings, internality is not an facultative extra, and everyone has internal needs, feelings and desires. People are entitled to express their gender in different ways, showing respect for self and others.People with a learnedness disability should be supported to denounce informed choices and be allowed the opportunities to exercise their rights and responsibilities in regards to sexual health and personal relationships, which are an integral neighborhood of their lives. It is clear through the rest of this reflection that these basic human rights are not being met, in that locationfore it is hoped that the failure to provide opportunities for hatful with a learning disability will be the subject of legal quarrel under the Human Rights Act. Government policy demands that services work towards comprehension for people with a learning disability, meaning that they should extradite positive, reciprocalrelationships, be part of the community and enjoy ordinary life. I also trust that enabling people with a learning disability to enjoy a full range of relationships is one of the keys to empowerment. I understand the need to cheer people who may be assailable, still I think there is a fine line among protection and avoidance, and at the import the majority of staff are avoiding the issues surrounding sexualty.EvaluationIt is still relatively quaint for people to accept that people with a learning disability substantiate ordinary sexual feelings and desires, let alone should be allowed to act on them. They are seldom given encouragement, opportunity or the necessary secrecy to develop intimate sexual relationships. (Annette, 2004)When discussing issues much(prenominal) as parenting, sex, and also homosexuality, all of which may be regarded as positive, emphasis is practically placed on possible negative implications. For example, in relation to parenting, despite evidence that people with a learning disability can develop parenting skills, and many excite been excellent parents, it is frequently seen as something that should be avoided, and if pregnancy does occur, it is likely to resoluteness in the child be ing removed. (Paul, 2007)Likewise, in relation to homosexuality, these relationships are horizontal less well tolerated and are generally perceived not only as in subdue behaviour, but also often as abusive sexual behaviour and as challenging behaviour (Annette, 2004). The focus also seems to be on concern about vulnerability of men with a learning disability engaging in same sex relationships to much(prenominal) things of abuse and HIV (Paul, 2007). In British society today, homosexual relationships are widely accepted, but this open-mindness has yet to be extended to people with a learning disability. Section 13 of the Criminal Law regulates homosexual acts between me, not women, in Scotland. Under the provision of Section 13, homosexual acts are legal if the parties consent, the parties are over 18 and the act does not exhaust place in a public place.Also, in residential armorial bearing, womens sexuality sometimes appears to be a matter of simply recognising menstruation, w hich is monitored and counted, (invading the privacy of the women), preventing pregnancy by putting women on the contraceptive pill. In such circumstances, it is hard to see that thehuman rights of these women, to private lives, to marry and to found familes are being respected. A study carried out by the Judith Trust examine 11 women who lived in a longstay hospital and followed them through the community care act, however only 3 made it to independent community.Out of these 3, one of the ladies did have an ongoing sexual relationship with her boyfriend, yet she was not invited to her geek conference determining her future and included discussions about her relationship. She was lucky that as decision was made on pragmatic grounds that she should be enabled to bear upon to see and relate to her boyfriend. This is a unique case, intimate relationships are seldom part of a decision to move someone to another abidance or of decisions about how they are best be cared for, whereas fo r close of us such intimate and family relationships are key to these decisions. (Annette, 2004) Ungendered life is very atypical, living with people of the opposite sex who are neither family, friends or lovers is a very unusual arrangement.People with a learning disability have the same rights in law as anyone else to marry or live to poseher providing the person is over 16years and has a general apprehension of what it direction to get married, he or she has the legal dexterity to consent to marriage. No one elses consent is ever required. The district registrar can refuse to authorise a marriage taking place if he or she believes one of the parties does not have a mental capacity to consent, but the level of learning disability has to very high forward the District Registrar will do so.AnalysisLearning about sexuality is a life long and often haphazard process, learning from parents, school, television and magazines, some of which are inaccessible to people who have a learn ing disability. It is often the case that people with a learning disability only get a very negative form of sex education, for example fagt do that, its not nice, and Stop despicable yourself down there, thats bad. (Making Choices, Keeping Safe, 2004)Not giving them any positive format or sensible sex education does not mean that they wont pick up enticing ideas, but they need more sex education than most young people in order to protect them from people who might exploit them. Ignorance is by all odds not bliss, not knowing how to behave or theconsequence of sexual activity, not knowing the difference between public and private behaviour, or teaching them that it is ok to say no, leaves people with a learning disability very vulnerable to getting into trouble, to abuse or developing. becoming sex education is therefore a particular important factor in in not only helping them to have appropriate relationships but in helping them to protect themselves from abuse.Consent is cr ucial in decision making whether a particular sexual relationship or act is abusive. There are some individuals with a learning disability who would not be considered as being able to give consent and lack capacity. The Adults with folly (Scotland) Act 2000 is now the most significant piece of legislation in the protection of vulnerable adults. It is concerned with adults who are defined as being incapable of acting, making decisions, communicating decisions, understanding decisions, by reason of mental disorder or physical illness (Adults with Incapacity Act, 2000). In considering consent, Kennedy and Niederbuhl (2001) asked 305 American psychologists about the most important issues to assess when considering consent to a sexual relationship. They came up with three main issues 1. basic sexual knowledge, 2. knowledge of the consequences of sexual behaviour and 3. abilities in self-protection. (Gates, 2007) These 3 issues could be used as a sop up as to develop information around and also to guide those involved in decisions around consent.ConclusionAll people with a learning disability have the right to enjoy a full range of relationships and to consume to express their sexuality at a variety of levels. They also have the right to be protected from any situation where they are vulnerable to exploitation and at risk of physical, sexual or emotional abuse. However, The sexuality of people with a learning disability raises questions and sometimes dilemmas, on the one hand we wish to secure freedom and choice for them but at the same time we have a duty to protect them from exploitation or abuse. However, the principle of normalisation emphasises the intergration of people with learning disabilities in society.This increases their social movement in the community, which in turn gives them the chance to exercise their right to make choices regarding their sexuality. (Savarimuthio & Bunnel, 2003) I therefore thinkthat information is key to what is required for anyone to come in meaningfully as an adult in any intimate role. However, most carers would rather ignore the issue of sexuality until such a time as a problem arose. Therefore staff need to infract informed and training given to the service providers.Action PlanAll people with a learning disability should be given appropriate information in the most accessible format related to the understanding of the individual. It should be available in a range of formats including written material, audio, pictures, and symbols etceteraReferencesAnnette, L. 2004. Human Rights and the failure of policy to deliver Women with learning disabilities and mental health needs. Tizard Learning disability ReviewGates, B. (ed) 2007. Learning Disabilities Toward Inclusion. (5th Ed) Elseevier, Edinburgh.Human Rights Act 1998 (Retrieved 25th November 2007) http//www.england-legislation.hmso.gov.uk/acts/acts1998/ukpga_19980042_en_1pb1-l1g1Making choices, retention safe. 2004Paul, W. 2007. I count myself a s normal, well, not normal, but normal adequate. Men with a learning disability tell their stories about informalty and Sexual Identity. Tizard Learning Disabilty ReviewSavarimuthio, D,. & Bunnell, T. (2003). Sexuality and Learning Disabilities. Nursing Standard. 17, 39, 33-35.