Nvq Level 4 - Legislation Essay - 3056 Words

Legislation Assignment

The pieces of Legislation I have decided to research are as follows :-

• Childrens Human Rights • The Children act 1989 (2004) • The Care standards act 2000 • Every Child matters initiative 2003 • The Education Act 1998 • Health and Safety at work act 1974 • Equality Act 2010

Childrens Human Rights

Childrens Human Rights came into force through the United Nations Conventions on the rights of the child, ( UNCRC ). A convention is an agreement between countries to obey the same law. When a government ratifies (approve/ corroborate) a convention it agrees to the rules set out within it and to adhere to them.

This convention applies to all children and young people up to the age of 18, it gives children social, economic, cultural or civil and plitical rights. There are over 40 specific rights within the convention and all children up to the age of 18 have all of the rights within this. Any children living away from home or living with a disability have additional rights within the convention to ensure that they are treated fairly and that their needs are met. These rights include the following

1. The right to life, survival and development 2. The right to have their views respected and to have their best interests considered at all times 3. The right to a name and Nationality, freedom of expression and information concerning them 4. The right to live in a family environment or alternative care and to have contact with both parents where possible 5. Health and welfare rights, including rights for disabled children, the right to helath and health care and social security. 6. The right to education, leisure, culture and the arts 7. Special protection for refugee children, children in the justice system, children deprived of their liberty and children suffering economic, sexual or other forms of exploitation.

In 1991 the United Kingdom ratified the convention on the rights of the child thus ensuring that government now has to make sure that every child has all of the rights within the convention except in circumstances where there have been specific reservations entered.

In January 1992 the treaty came into force within the UK. A commitee was formed made up of experts on childrens rights, to undertake the responsibility of ensuring that each country within the convention was following the agreements set out within the treaty, ( The commitee for the rights of the child). In addtion to this England also has a Children’s commisioner who assumes responsibility for promoting awareness and gathering information on childrens views and interests as required by the convention. Annualy the Childrens Commisioner will report back to Parliament on the findings. There is also a non government organisation The Childrens Rights Alliance for England (CRAE) they review annualy the governments responses to the Committes findings and recommendations.

The Children Act 1989 (2004).

The Children Act 2004 was introduced to reform the laws relating to children, provisions for children and to ensure local authorities had guidance on expectations and requirements made of them in relation to the safeguarding of children.

The Principles and concepts of the act are as follows :-

1. Under the Children Act 2004, the local authorities have a duty to safeguard and promote the welfare of the children within their area who are in need 2. Local authorities must assess a child’s needs and promote the upbringing of children within their own families if safe to do so. 3. Local authorities should work in partnership with parents. While the local authority will seek a court order when compulsory action is in the best interests of the child, the first option must be to work with the parents by voluntary agreement unless to do so would clearly be placing the child at risk of significant harm.

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