Ethical Principles and Codes of Practice Essay Example for Free

Ethical Principles and Codes of Practice Essay Ethical principles and codes of practice can provide guidance in day-to-day practice. Analyse Peter’s situation in the case study and come to a conclusion about what would be an appropriate response. This essay will analyse the ethical principles and code of practice in relation to the case study of Peter, a man suffering from Alzheimer’s disease and will suggest a course of action for Peter’s situation based upon the application of these principles and the code. It will do this by examining the term ‘ethics’ and will focus on four ethical principles found to be relative to the kinds of ethical issues and challenges met within health and social care settings, these will be applied to the case study. Peter’s situation is that of a man, who, at the request of his family, unhappily (but apparently necessarily), moved to Parkside Manor, a small residential care home. Of late Peter’s condition of Alzheimer’s disease has advanced and he has become progressively uninhibited. His behaviour has caused the staff to question Peter’s placement at the care home, as some of the other residents are beginning to become troubled and distressed by his behaviour. Some staff feel that with the number of residents needing attention, Peter’s needs require more time than they have to give. However Peter’s family are resolute in their decision for him to remain at Parkside. ‘Ethics’ are defined as ‘the philosophical study of the moral value of human conduct and of the rules and principles that ought to govern it’ (Collins, 2006, p535). Individual values develop over time through socialisation, upbringing and experiences. These values when viewed on a personal level, guide individual actions. Individuals working in the health and social care setting also hold professional values derived from professional training and ideology. Decisions are made using both personal and professional values and all decisions will have an ethical dimension. Historically health and social care practitioners have been directed by principles and guidance, enabling them to develop what is described as a professional morality. Codes of practice have long been seen as regulations guiding practice, with clear standards of conduct (General Social Care Council, 2010, p 4). These usually include some exclusion’s such as disclosure of information but they mainly describe expected forms of conduct. In areas of health and social care ethical principles are used along with codes of practice to guide and enhance the decision-making process. These principles are related to a sense of doing the right thing or that which is moral and with ideas of what is good and bad practice (K217, Book 4, p28).This idea can be problematic and can be viewed both objectively and subjectively. If viewed from an objective point of view, who should be trusted to know what is the objective truth? If subjective, who is the one whose opinion should be listened to? Questions such as these are often at the core of dilemmas. Professionals working within health and social care environments do not just deal with decisions based upon the right and good. Consideration should also be given to ‘ethical dilemmas’, these are situations when two choices are apparent, both eq ual in morality and ethics (K217, Book4, p29). Pattison and Heller (2001) suggest, ethics and value issues thread their way through normal, daily health care practice, the interpretation of which is open to more than one explanation (K217, Offprints, p131). Although principles guide actions, there is still a need to assess a situation and devise an appropriate response. This assessment and response derive from an individual’s values and training as much as from principles. Ethical principles are important in the field of health and social care. Practitioners need to have the ability to make informed, ethical and justifiable decisions relating to the individuals in their care. This can be difficult when faced with a challenging case. Using a framework to develop a structured way of thinking through a particular ethical situation or challenge can be helpful. The ETHICS framework was developed to assist people working in care settings and offers a structured way of assessing a course of action in order to come to an ethically informed decision. It emphasizes the need to be able to select a course of action based upon guidance, information and established principles, as well as the individual’s beliefs. The framework requires practitioners to firstly, Enquire about the relevant facts of the case, Think about the options that are available to all involved, Hear the views of everyone (including service user, family members and relevant providers), Identify any relevant ethical principles and values which may help to guide the decision–making process, Clarify the meaning and consequences of any key values and finally Select a course of action offering supporting arguments (K217, Book4, p32). When taking into account the case study, four ethical principles will be examined. These are: respect for autonomy, non-malfeasance, beneficence and justice. The principles are seen as the starting points for the development of ethical approaches to care practice, providing a practical set of principles, which rather than offe ring direct answers to ethical dilemmas, set out useful guiding principles for practitioners when faced with controversial decisions (K217, Book 4, p34). In Peter’s situation, Autonomy or self-determination is complex. Respect for Autonomy refers to a commitment to respect the decision-making capability of an autonomous individual. Autonomy is the freedom to act as a person wishes, to be able to make decisions about their own life and not to be controlled by others. The case study points out that Peter ‘unhappily’ left his home, at the request of his family to move into Parkside Manor, indicating that Peter had no control over this situation. This lack of right to choose where he lives, directly impinges on Peter’s ability to be autonomous and make reasoned informed choices. Beauchamp and Childress (2009) identify two areas necessary for autonomy: Liberty or independence from control and Agency, the capacity for deliberate action (K217, Book 4, p39). When applying this principle to Peter’s case, it could be argued that a diagnosis of Alzheimer’s limits his capabilities to make decisions for himself, limiting capacity for intentional action and so reducing Peter’s ability to function as an autonomous individual. The codes of practice for social care workers (2010) state: ‘a social care worker must respect the rights of service users while seeking to ensure that their behaviour does not harm themselves or others’ (General Social Care Council, 2010, p9, 4.2). This causes a conflict of interest between Peter’s rights to act in a manner that he chooses and that of the other residents, who deserve to be able to move freely about the home without the risk of being upset or distressed by Peter’s actions. Staff may wish to take steps to minimise the potential risk of Peter’s behaviour causing mental harm and upset to other residents and by following risk assessment policies could asse ss the potential risks in this situation (General Social Care Council, 2010, p9, 4.2). Identifying harmful behaviour is multifaceted and open to interpretation. The assessment of risk could have serious consequences for Peter perhaps leading to a limiting of his rights and liberty in the interest of protecting others from harm (K217, Book 4, p60). Therefore over protection or unnecessary limitation could be considered an infringement upon Peter’s human rights (K217, Book 4 p65). The case study does not accurately point out if Peter has the mental capability to understand that his actions could be disruptive and upsetting for others. This being the case it may also be appropriate to talk to both Peter and his family about the situation in order to find a solution. As the code of practice maintains, ‘care workers must promote the independence of service users and assist them to understand and exercise their rights’ (General Social Care Council, 2010, p8, 3.1). It is suggested, that in cases where decision making capacity is deemed to be impaired, respect for autonomy may involve the care worker acting appropriately in an in dividual’s ‘best interests’ (K217, Book 4, p40). The difficulty here is that Peters best interests cannot be viewed without taking into account the best interests of other residents, care workers and relatives. This shows the limits of the code of practice in taking a narrow ethical view rather than trying to take a wider and more balanced perspective. Beneficence and the promotion of welfare are concerned with the provision of benefits and the balance of these against risk in the care and treatment of service users. It requires that care providers make a positive contribution to help others, not just refrain from acts of harm. It could be argued that in Peter’s case, moving into a residential setting may be seen as ‘doing good’. The theory of beneficence or ‘doing good’ is embedded in health and social care practice. Although, rather than being straightforward in its attempts to solve ethical dilemmas, beneficence can be viewed as being rather vague (K217, Book4, p34). The application of beneficence in Peter’s situation could be seen as a controversial one. The need to ‘do good’ in this situation could be seen to be against Peter’ s best interests, as in the case of consent. The case study alludes to the fact that Peter’s family are making decisions on behalf of Peter and that the diagnosis of Alzheimer’s disease means that he is incapable of contributing to decisions around his care and wellbeing. It could therefore be argued that this results in a paternalistic approach to care, whereby the family (who are making decisions on behalf of Peter) may be guided by practitioners views of what is in Peter’s ‘best interests’ and in doing so may neglect the choice and personal responsibility of the individual (K217, Book 4, p36). However paternalism may be viewed as acceptable if it is proved that Peter’s autonomy or decision-making capacity is compromised. In this case it may be advisable to initiate an assessment of Peter’s mental health capacity in order to justify the families’ involvement in the decision-making process. Beauchamp and Childress (2009) claim, the philosophy of non-malfeasance is an obligation to do no harm. Unlike beneficence, which promotes welfare and concentrates upon positively helping others, non-malfeasance focuses upon guiding health and social care practitioners to avoid harm-causing activities, this includes negligence. Having a duty of care for a person or persons in care is an ethical concept, neglect is an absence of ‘due care’ the lack of which would be seen as falling below the standards expected by the law and code of practice. The principle of non-malfeasance can be difficult to apply in practice (K217, Book 4, p37). Peter has not been physically harmed himself, although it could be disputed that his behaviour around Parkside Manor could be having a detrimental effect on the wellbeing of the other residents who are beginning to be upset by Peter’s uninhibited behaviour. Section 3 of the codes of practice for social care workers may guide staff in pr omoting the independence of other service users (residents) in assisting them to understand and exercise their rights to autonomy. Also for staff to use the appropriate procedures and protocols in which to keep other service users safe from harm (General Social Care Council, 2010, p8, 3.1). As stated, Peter’s ability to make decisions about his care could be impaired, as in the right to choose where to live (which was made at the request of his family). However, maintaining Peter in his own home, as was his wish, would require extra resources such as daily social care help. If this was unavailable, Peter’s wish to remain in his home could be seen as detrimental to his health and wellbeing as his condition deteriorated and this would not uphold the principle of non- malfeasance. The moral principle of justice according to Beauchamp (2006) is fairness in the distribution of benefit and risk (K217, Book4, p42). It can be viewed as fair, impartial and suitable treatment for the autonomous individual. This suggests that everyone has the right to participate in the decision-making process surrounding the ir own treatment. This clearly is not the case for Peter, as he may no longer be classed as an autonomous service user and may not be able to articulate his needs or desires in respect of his care. In this case the staff may wish to assign a person as an advocate to represent and support (where appropriate) Peter’s views and wishes (General Social Care Council, 2010, p6, 1.2). The case study also identifies the staffs growing concerns about their own abilities to be able to give Peter the care that he requires, with some suggesting that his needs demand more time than they have available. The code of practice sets out clear guidelines for staff in Section 3, stating that any resource or operational difficulties experienced by the care worker is to be brought to the attention of the employer or the appropriate authority (General Social Care Council, 2010, p8, 3.4). Staff working within the care home are under increasing pressure to cope with the demanding behaviour that Peter displays and in this case may feel that they are neglecting the other residents because of Peter’s growing needs. This highlights the problem staff have in distinguishing fairly between those that are seen to need support and those that are not. Discrimination such as this all be it without intention of causing harm, raises questions of inequality. As highlighted, codes of practice and other ethical guidelines are not without their limitations. These limitations are often down to an individual’s freedom of choice and their views of what is right and wrong. Codes of practice deal in respect of that is the ‘norm’ not the ‘usual’ and at this point common sense and a corporate view are necessary. Using the four principles to analyse Peter’s situation is far from simple as the principles themselves are open to individual interpreta tion. The task for those directly involved in Peters care, such as family, professionals and the care workers at Parkside, is to ascertain their legal, professional and ethical positions and balance these against the need to protect and care for other residents and staff within the care setting. This may involve identifying ways to reduce the risk to others and to Peter’s dignity and privacy. As the code of practice states ‘a social care worker must respect and maintain dignity and privacy of service users’ (general Social Care Council, 2010, p6, 1.4). Some of the staff at Parkside have begun to question if the placement is an appropriate one given Peter’s growing needs. Staff at Parkside Manor could begin to examine ways of improving the care and support on offer to both Peter and the other residents by firstly initiating an assessment of Peter’s mental health capacity, in order for staff to better comprehend Peter’s level of understanding and to further meet his needs. This will form part of a support plan that will identify resources necessary to meet his growing requirements. The case study does not adequately highlight if Parkside Manor is equipped to deal with mental health problems such as Alzheimer’s or if the population is that of older residents with general care needs. One solution for the family may be to investigate the possibility of an alternative placement for Peter. Placing Peter in a more suitable setting where the staff are more used to dealing with conditions such as Alzheimer’s disease could enhance quality of care and increase Peter’s quality of life. Bibliography Collins, 2006, Collins Concise English Dictionary. Glasgow, HarperCollins Publishers. Open University (2010) K217, Adult health, social care and wellbeing, Chapter 14, Ethics in health and social care. Milton Keynes,The Open University Open University (2010) K217, Adult health, social care and wellbeing, Offprints, Swimming in a sea of ethics and values. Milton Keynes,The Open University General Social Care Council, 2010, Codes of Practice for social care workers. Available at: http://www.gscc.org.uk/cmsFiles/Registration/Codes%20of%20Practice/CodesofPracticeforSocialCareWorkers.pdf [Accessed 25/02/12] Gillon Raanan, 1994, Medical ethics : four principles plus the attention to scope. Available at: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2540719/pdf/bmj00449-0050.pdf [Accessed 09/03/12]

The meaning and Concepts of Jihad Essay -- Islam Holy War Muslim Relig

The Holy of Holy Wars: Jihad In light of recent events in the global community, one word that is used frequently but rarely truly understood is the Islamic word Jihad. Jihad has become a very volatile word, so it is necessary that those who use it should understand exactly what it means, what it entails, and what significance it has in current global events. There are many interpretations of the word Jihad, but the most common literal translation from Arabic to English is "struggle." Many interpret the idea of a Jihad as a holy war. While holy war may be part of the struggle of Muslims, it is not the entirety of Jihad. In its primary sense, Jihad is an internal struggle to rid oneself of debased actions or inclinations and devote oneself to achieving a higher moral standard through prayer, study, and spreading the Islamic Faith, since it is of universal validity (Peace 2). With the use of the word Jihad by men such as Saddam Hussein or Osama bin Laden, many people believe that Jihad highlights the violent nature of Muslim people. However, in its pure form, Islam is not at all violent. Muslims are taught to fulfill Jihad through four methods: the heart, the tongue, the hand, and the sword (Jihad 2). The first is the internal struggle to cleanse oneself of internal evil. Fulfilling Jihad through heart and hand are directed more toward supporting what is right and correcting which is wrong. Raising the sword in defense of Islam is only prescribed when all other methods have failed and Muslims have come under attack. A passage in the Quran, the holy book of Islam, states, "Fight for the sake of God those that fight against you, but do not attack them first. God does not love the aggressors"(Van Voorst 311). However, there ... ...is true for all people in all areas of life, so expanding the Nation of Islam is a very important goal for all Muslims. To avoid being stopped or pushed back, Jihad can oftentimes become necessary, and despite what popular media may have people believe, Jihad is not evil, it is as pure as Christians saying Grace before eating or Jews wearing yarmulkes. Works Consulted and Cited Jihad. http://www.Quran.org/jihad.htm Peace Encyclopedia. Jihad. http://www.yahoodi.com/peace/jihad.html Last updated March 14 2003 Sherif, Faruq. A Guide to the Contents of the Qur'an. 166-68 Torop, Jonathan. Commentary Magazine. Arafat and the uses of Terror. May 1997. 63-65 VanVoorst, Robert E. Anthology of World Scriptures. Fourth Ed. 2003 Wadsworth Publishing .

Child Labor Laws In The 1800’s Essay

Child Labor, once known as the practice of employing young children in factories, now it’s used as a term for the employment of minors in general, especially in work that would interfere with their education or endanger their health. Throughout history and in all cultures children would work in the fields with their parents, or in the marketplace and young girls in the home until they were old enough to perform simple tasks. The use of child labor was not a problem until the Factory System. The Factory System is a working arrangement where a number of people cooperate to produce articles of consumption. Some form of Factory system has existed even since ancient times. In the later part of the 18th century in Britain, owners of cotton mills gathered up orphans and children of poor families all through the country, and had them work for the payment of housing and food. Some children as young as five or six were forced to work from 13 to 16 hours a day. Social reformers as early as 1802 tried to obtain legislative restrictions against the worst parts of the child-labor system, but little happened and little was done even to enforce existing laws which limited work hours and establishing a minimum age for employment. Children were permitted to work in dangerous jobs such as mining with the approval from political, social, and religious leaders. From this further impoverishment of poor families and a multitude of diseased and crippled children occurred. Agitation for the reform steadily increased. The first significant British Legislation was enacted in 1878, when the minimum age of employees was raised to 10 years and employers were required to restrict employment of children between the ages of 10 and 14 to alternate days or consecutive half days. In addition to making every Saturday a half holiday, this legislation limited the workday of children between 14 and 18 years of age to 12 hours, with a 2 hour intermission for meals and rest. Meanwhile the industrial system developed in other countries such as the  United States, bringing with it the abuses of child labor similar to those in Britain. In the early years of the 19th century, children between the ages of 7 and 12 made up one-third of the workforce in U.S. factories. The Shortage of adult male laborers, who held ideas regarding the evils of idleness among children, and so cooperated with employers, helping them recruit young factory hands from families. The earliest feature of the factory system that concerned many among leaders was the high illiteracy rate among child laborers. The first effective step toward legislation governing the education of these children was taken in 1836 when the Massachusetts Legislature adopted a law prohibiting the employment of any child under 15 years old who had received less than three months of school in the previous year. In 1848 Pennsylvania became the first state to regulate the age of youth employed in silk, cotton, or woolen mills by establishing a minimum age of 12. Several other states joined that, but none of the laws passed made provisions for establishing proof of the child’s age or for enforcement. The length of the workday was the next feature of the factory system to be regulated my legislation. By 1853 several states had adopted a ten-hour workday for children under 12 years of age. Despite the restrictions, the number of children in industry increased greatly in the U.S after the American Civil War, when industrial expansion resulted in demand for workers. By the end of the 19th century nearly one-fifth of all American children between the ages of 10 and 16 were employed greatly. By 1910 as the result of the public-enlightenment activities of various organizations, especially the National Child Labor Committee, the legislatures of several states had enacted restrictive legislation that led to sharp reductions in the number of children employed in industry. The U.S. Congress, in 1916, passed a law that set a national minimum age of 14 in industries producing non-agricultural goods for interstate commerce or export. In 1918, the U.S. Supreme Court ruled, in a 5-4 decision, that the legislation was an unconstitutional infringement on personal freedom. The following year, the Congress tried another strategy to establish protection  for child workers through taxation of employers. But in 1022 the Child Labor Tax Law, as it was known, was ruled unconstitutional for being overly â€Å"prohibitory and regulatory.† In 1924, both houses of Congress passed an amendment to the U.S. Constitution, empowering Congress to limit, regulate, and prohibit the labor of persons less than 18 years of age. Even though the reluctance of state legislators to ratify the child-labor amendment, legislative attempts to deal with the problem nationally continued, notably during the administration of President Franklin D. Roosevelt. The National Industrial recovery Act, passed by Congress in 1933, established a minimum age of 16 for workers in most industries. In hazardous industries a minimum age level of 18 was established. This law contributed to a great decrease in the number of yond workers, but the Supreme Court ruled the act unconstitutional in 1935. In the next year the Congress passed the Walsh-Healey Act, which prohibits firms producing goods under federal government contract from employing boys and girls less than 16 years of age. The nest important legislation on the problem was the Fair Labor Standards Act of 1938, better known as the Federal Wage and Hour Law. This act was declared constitutional in 1941 by the Supreme Court, which overruled its former child-labor decision under a more liberal way of the commerce clause of the constitution. The Fair Labor Standards Act, amended in 1949, applies to all workers engaged in interstate or foreign commerce. Under the child-labor provisions of the act, minors 16 years of age and over may be employed in any occupation that has not been judged hazardous by the secretary of labor. The minimum age for work in industries classified as hazardous is 18. No minimum age is set for non-hazardous agricultural employment after school hours and during vacation. Minors 14 and 15 years of age may be employed in a variety of non-manufacturing, non-mining, and non-hazardous of occupations outside school hours and during vacations for limited hours and under other specified conditions of work. Every state today has child-labor laws. In most states employment of minors  under 16 in factories and during school hours is not allowed. Other provisions include 40 hour work week, working at night is prohibited, and work permits for minors under 18. Children working on farms are not completely protected by federal and state laws, which make no provisions for hazardous farm work outside school hours. The children of migratory workers, who move from harvest to harvest across the United States, are usually not subject to state laws because they do not fulfill residency requirements, and they are often unable to attend local schools, which have no provisions for seasonal increases in school enrollment. Other children exempted from federal and state labor laws are children employed as actors and performers in radio, television, and motion pictures, as newspaper deliverers and sales personnel, or as part-time workers at home. In the early 21st century, child labor remains a serious problem in many parts of the world. Studies show carried out in 1979, the International year of the child, show that more than 50 million children below the age of 15 were working in various jobs often under hazardous conditions. Many of those children live in poorer/under-developed countries in Latin America, Africa, and Asia. Living Conditions are crude and their chances for education are very small. The little income they get is necessary for their family’s survival. These families lack the basic necessities that we take for granted like adequate food, decent clothing and shelter, and even water for bathing. In some countries industrialization has created working conditions for children that rival the worst features of the 19th century factories and mines. In India, around 20,000 children work 16 hour days in match factories. Child-labor problems don’t just happen in small undeveloped countries they happen all over the place even in America today. The most important effort to eliminate child-labor abuses through out the world come from the International Labor Organization, founded in 1919 and now a special agency of the United Nations. The organization has introduced several child-labor conventions among its members, including a minimum age of 16 years for admission to all work, a higher minimum age for specific types of  employment, medical exams, and regulation of night work. In the late 20th century the ILO added to this list of the worst forms of child labor, including slavery, prostitution, debt bondage(where children had to work to pay off loans made to their parents), and forced military service.

Historical Information About The Setting - 1316 Words

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