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Confidentiality, Anti-Discriminatory Practice, Individual Rights And Identity Assignment
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Task 1
Introduction
In this section, a detailed discussion will be done on legislation or charters related to confidentiality, the effectiveness of methods of giving, receiving and sorting the information, as well as analysis of the issue relating to confidentiality in care settings. After that, the personal contribution of care workers in promoting anti-discriminatory practices will be explained. In the end, summarisation of roles and responsibilities for equality and diversity within care settings and organisations will be discussed in this part.
A.
Summarisation of legislation relating to confidentiality
In the health care setting, maintaining confidentiality or privacy is the key principle. It ensures health practitioners keep everything private regarding the personal information of their clients until it is required by others of the same professionals. Therefore, to ensure confidentiality in this health as well as social care some common laws or legislations are followed in the UK. The very first legislation regarding confidentiality is “Common law of confidentiality”, also known as “Common law duty of confidentiality” (Highspeedtraining.co.uk, 2019). This law protects the person who has previously given personal information that must be protected and must not be disclosed without the provider's consent. This legislation is practised in the healthcare setting and abided by the caregivers. Hence, this personal information is disclosed when it is necessary to safeguard the patient and if there is any law such as a court order involved (Dove and Taylor, 2021). Other than this law, "The human right act 1998" is another law that provides the right to keep personal information and family information protected and disclosure is necessary if health protection is the main concern (Mind.org.uk, 2020).
“Care act 2014” is the right related to PCC (Person-centred Care) to empower the patient's choice and gives them the right to take charge of treatment or care plan. Moreover, it protects care users against abuse or neglect and ensures safety. In addition, it emphasises disease prevention rather than cure and makes health professionals accountable for their actions (Gant and Bates, 2019). There is another safety and quality act 2015, which maintains the confidentiality of personal information.
Evaluation of effectiveness related to information handling
The GDPR 2018 provides the right to handle the information, and its protection. This is another legislation named as “Data protection act 2018” as well as GDPR (General Data Protection Regulation of EU) that ensures personal information is processed transparently, lawfully, accurately, and must be updated and securely processed to reduce accidental data loss. There are several articles present regarding this legislation, which has various principles. The key idea behind this law is the fair handling of personal information where the patients or care users provide and caregivers receive this personal information (Highspeedtraining.co.uk, 2019). Moreover, it ensures, information is collected for specific, precise as well as in a legitimate process. Condition of consent is also involved where child's consent for social services are also part of this law. Moreover, it protects data from criminal convictions as well as offences by securely storing all these data. Other than that, it also ensures data processing in an appropriate and secured manner to prevent incidents like unexpected data loss (Chassang, 2017). It gives the right to the clients to complain to the authority if there is any release of private information without consent.
Issues related to confidentiality in care settings
Issues in confidentiality in care settings occur when any breach of confidentiality occurs where the private information is leaked without consent. It is quite common when the doctor or counsellor discusses a patient's condition with his friends or family, or maybe the computer where all this data is stored is hacked without knowledge. Sometimes, conditional consents are given by the patients and if this confuses, it can result in confidentiality issues in the care setting (George and Bhila, 2019). Moreover, it is commonly seen that one doctor discusses the condition of one patient with another doctor or other professionals who were not connected to that patient in any way and this situation also, breach of confidentiality occurs. In PCC, the client or the patient and the family members have the complete right to make decisions on their own. At first, the most suitable care or treatment plans are finalised by the doctors and nurses (Santana et al. 2018). This decision is done based on “Evidence-based practices”, where proper research based on published articles, expert opinions, and choice of patients are considered before providing care or treatment options. The patient or his family has the sole right to select the best option according to their time and money convenience (Moore et al. 2017). However, sometimes the patients are forced or manipulated by the doctors or other caregivers to select a particular option and this creates a breach of the right of the clients in healthcare settings.
B.
Personal contribution of care workers to promote anti-discriminatory practices
The EDI policy (Equality, Diversity and Inclusivity) policy aims to prevent discrimination among care users in healthcare settings. Equality provides equal opportunities for everyone to be treated with respect. Diversity ensures the authorities or a responsible person are concerned about the cultural value, beliefs, and ethics of employees and ensures that everyone is treated responsibly and there is no discrimination in this context. On the other hand, inclusivity is an environment where all the people feel safe and welcome by consciously managing biases. There is specific legislation named “The Equality Act 2010”, that prevents discrimination on the ground of age, sex, disability, marital status, race, ethnicity, socio-economic condition, physical state (maternity or pregnancy), religion, etc (Mason and Minerva, 2020). These EDI policies are maintained in every workplace, school, and colleges and even in a health care setting.
In the healthcare settings, the EDI policies confirm that no patient is treated differently on the ground of age, sex, race, ethnicity, or beliefs. The main objectives are to eradicate discrimination in treatment or care plans and provide an equal chance of getting benefits. It ensures every caregiver behaves with dignity, responsibility and in a friendly manner with the patients (Spector et al. 2019). For example, in PCC one of the principles is to treat the patients with dignity, respect as well as compassion and empathy. Moreover, it gives consistent care, support, and treatment to patients so it believes by following a coordinated approach. The EDI policies are followed in PCC because it gives priority to patients over anything and so it ensures support and care to patients. In addition, the inclusivity is also maintained by creating a caring environment by care workers that helps the care users to satisfy all the needs and encourage them to live a happy as well as independent life.
The role of the organisation to meet EDI
The healthcare centres or organisations play the most important role to maintain EDI policies in the organisation. It confirms all the care workers follow every legislation or charters related to confidentiality. The role of the organisation is to keep the confidential information of patients securely so that it cannot be misused. Moreover, it works continuously to fulfil all the needs of the patients (Mousa and Puhakka, 2019). In addition, it immediately takes legal actions against those care workers who misuse the confidential information or treat the patients unequally or with biases. It promotes diversity and creates an engaging, respectful and healthy environment and takes strict actions against discrimination.
Conclusion
In the first task, a brief overview of all the confidentiality legislations was given, along with the effectiveness of GDPR 2018. With the example of PCC, the analysis of issues was discussed. In the end, the contribution of care workers and organisations in maintaining EDI was discussed.
Task 2
Introduction
In this task, an explanation will be given on differential personal rights, choices with the legal rights. Some factors will be explained that have the potential to affect the client's rights. Moreover, the factors, which influence identity development, will be examined. All these tasks will be completed based on the case study of Rosemary who is a 72 years old Jamaican lady, living in the UK. In the end, an analysis will be done that can support her needs and her beliefs and preferences to affect the care delivery.
1. Differentiation of personal and legal rights
Human right act 1998 gives the personal right to maintain the confidentiality of private life such as about sexuality, body, identity, relationship with others, and takes care of how the personal information is protected. On the other hand, for legal rights, it takes care of the closeness of family relationships such as a parent, children (maybe adopted or legitimate). Moreover, it ensures the person is enjoying life peacefully at home, protects from discrimination, and gets the freedom of thoughts as well as belief and religion (Mind.org.uk, 2020). Here, Rosemary's rights are her relationship with her daughter, and protection of her personal information such as her age, ethnicity, and her health condition. However, her legal rights are right to life, protection from the misbehaviour of her daughter, and getting proper treatment so that she can enjoy her life.
2. Factors potentially harm the identity of Rosemary’s right
a.
The factors that influence the development of identity are gender, ethnicity, culture, and the role of the family. All these factors must be considered to protect any person from abuse, discrimination and other associated risks. Rosemary is an old lady, who is already 72 years old and a widow who lost her husband very early. She has recently been diagnosed with lung cancer and is now completely dependent on her daughter, Winsome. However, before that, she was completely independent and at her 60 years, she retired from her insurance work. She had been enjoying her right to freedom by travelling the world with her close friends. Nevertheless, after she was diagnosed with lung cancer which has now spread to her bones also made her dependent on her daughter to take care of her. However, her daughter thinks her to be a burden and probably wants Rosemary to die. “Right to life” is the legal right of Rosemary and she must be protected from her daughter's abuse. She is so morally down that now she wants her daughter to help her to die which indicates she does not want to live anymore. Moreover, Winsome will get a great insurance benefit after Rosemary dies which means somewhere her daughter also wants Rosemary to die.
b.
Firstly, Rosemary is in a critical stage of life where she is suffering from a disease that is slowly taking her life and on the other hand, she is suffering from mental trauma due to her daughter's ignorant behaviour. At this stage, she needs proper physical rest within an environment where she stays happily. Her daughter is unable to take care of her as she is already occupied with her children and thus, probably thought her mother to be a burden. Due to her continuous health deterioration, she decided not to stay at hospital but in this situation, she certainly needs expert care and treatment to support her life. In the case of lung cancer, surgery is required to remove the origin of cancer from the body. After that, regular chemotherapy, as well as radiation, is required as suggested by the doctor to destroy the cancer cells eventually (Li et al. 2017). Moreover, along with necessary medicines, she needs to have a balanced diet that is easily digestible and can provide essential nutrients for her speedy recovery (Memaryan et al 2017). Rosemary is suffering from mild depression as well because of her daughter’s behaviour towards her. Therefore, she needs counselling so that she can feel better and stays happy.
c.
Rosemary is a fiercely independent lady who has been living her life on her own. However, due to this sudden incident and deterioration of health, she became dependent on her daughter who is currently ignoring her. This is the reason why she has lost all her hopes to live and now wants her daughter to help her to die. Therefore, even if any NGO or hospital helps her to become healthy again she may not probably accept the care and treatment. She preferred to go back home and stay with her daughter but now her own daughter is ignoring her, which made her think that her life has no worth. This belief will certainly affect her care delivery.
Conclusion
In this task, a discussion was done about personal rights and legal rights. In the end, the analysis was done regarding some factors, which affected Rosemary’s rights.
References
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Dove, E.S. and Taylor, M.J., 2021. Signalling Standards for Progress: Bridging the Divide Between a Valid Consent to Use Patient Data Under Data Protection Law and the Common Law Duty of Confidentiality. Medical Law Review, 29(3), pp.411-445. Available at: https://academic.oup.com/medlaw/article-pdf/29/3/411/40533072/fwab014.pdf [Accessed on 1 March 2022]
Gant, V. and Bates, C., 2019. ‘Cautiously optimistic’: Older parent-carers of adults with intellectual disabilities–Responses to the Care Act 2014. Journal of Intellectual Disabilities, 23(3), pp.432-445. Available at: https://chesterrep.openrepository.com/bitstream/handle/10034/622712/Revised%20Paper%20for%20Journal%20of%20Intellectual%20Disabilities.pdf?sequence=3 [Accessed on 1 March 2022]
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