The Finnish approach to errors and mistakes in child protection: trust in practitioners and service users?

Author(s):  
Essi Julin ◽  
Tarja Pösö

The shortcomings of the Finnish child protection system have been vividly highlighted by the reports of historic abuse in residential and foster care and by some fatal tragedies. Nevertheless, very little academic research on errors and mistakes in child protection exists. The chapter thus aims to capture this fragmented and unexpressed field in the Finnish system. In doing so, the chapter presents and analyses the preventative and reactive approaches to errors as defined by child welfare legislation. Examples of preventative approaches are regulations requiring some services and practitioners to be licenced and registered, a rather recent way to regulate practice and its quality. Examples of reactive approaches are the rights given to service-users (parents as well as children) to make complaints about and appeal decisions and the treatment they receive. A new practice is the regulation introduced in 2014 giving social workers the right and duty to report problems they encounter in their practice, a form of request for ‘institutional whistle-blowing’. In addition to the legal guidelines, the chapter will examine the national policy programmes which indirectly address errors. These programmes aim to guarantee that services are ‘rightly timed and tailored’ and that the assessments of children’s needs and risks are ‘correctly’ made. These reactive and preventative approaches may, however, have some unintended consequences which will be empirically highlighted. Consequently, it becomes clear that the Finnish approach is coloured by trust in practitioners and service-users and their skills, competences and good intentions to tackle errors, mistakes and wrongdoings. This reflects the overall rationale of child protection as a form of service provided by public administration. Trust may overrule a critical examination of – and learning from – errors and mistakes. As the very organisation of social and health care services is rapidly changing, the trust-based approach might soon be challenged.

Author(s):  
Bogusław Sygit ◽  
Damian Wąsik

The aim of this chapter is to describe selected universal rights of the patient. The authors specify the seven types of patient rights: the right to appropriate organization of treatment on equal terms, the right to respect patient's dignity and privacy, the right to full and comprehensible information on the state of health, the right of access to medical documentation, the right to self-determination - to agree to provide health care services, the right to respect for private and family life and religion and the right to seek compensation and other benefits in the event of damage to the result of medical malpractice. This classification is the basis to discuss the specifics of each of them with reference to specific examples of their implementation or violations. The chapter specifically addresses the issues such as the obligation to inform the patient of the medical procedure, the legal conditions for the effectiveness of consent to treatment and the principle of access to medical documentation. Presentation of patients' rights is made from the perspective of fulfilling the duties of medical personnel working in hospitals. The authors make extensive use of current case law of the European Court of Human Rights. The undeniable advantage of the publication is to present selected theses of Polish court rulings issued in cases of violation of patient rights.


2008 ◽  
Vol 12 (1) ◽  
pp. 21-28
Author(s):  
Henny Permatasari ◽  
Achir Yani S. Hamid ◽  
Setyowati Setyowati

AbstrakPenelitian fenomenologi yang berperspektif perempuan ini bertujuan mendapatkan gambaran pengalaman perempuan bekerja berkeluarga dalam melaksanakan perawatan keluarga. Partisipan ditetapkan dengan metode purposif berjumlah enam orang. Data dikumpulkan melalui wawancara mendalam dan dianalisis dengan metode Collaizz’s. Hasil penelitian mengidentifikasi delapan tema utama dan satu tema tambahan yaitu alasan perempuan bekerja, kekhususan perempuan bekerja, kemampuan manajerial perempuan bekerja, dukungan sosial, kemampuan melaksanakan tugas kesehatan keluarga, kesenjangan antara harapan pekerja dan dukungan institusi kerja, diskriminasi gender, kebutuhan pekerja terhadap pelayanan kesehatan. Penelitian ini menyimpulkan bahwa perempuan bekerja mampu melaksanakan tugas kesehatan keluarga dengan dipengaruhi pengetahuan tentang masalah kesehatan, dukungan dari keluarga dan tenaga kesehatan profesional serta hak pekerja untuk mendapatkan jaminan pelayanan kesehatan. Perempuan bekerja juga memiliki kebutuhan khusus terhadap pelayanan kesehatan. Perawat kesehatan kerja diharapkan dapat meningkatkan pelayanan keperawatan yang bersifat promotif untuk memelihara dan meningkatkan derajat kesehatan perempuan bekerja. AbstractThere is evident that the working women experience numerous problems. The purpose of this feminine perspective phenomenological research was to describe the experience of married working women in carrying out family’s health tasks. There were six women purposively selected to participate in this study. Data was collected using in-depth-interview, exploring the experience of working women in carrying out family’s health tasks and issues related to the experience. Collaizz’s method was utilized to analyse the corrected qualitative data. The result of this study revealed nine themes were the reason for women to work, specification of social support, ability to carry out family health tasks, gap between expectation and insitution’s supporting, working women perception of gender discrimination, women’s need to health care. The research concluded that the working women were capable to carry family health taks which is influenced by their knowledge on health problems, the support of family and professional health providers and the right of providers to have health insurance. The working women also have the special needs of health care services. It is recommended that occupational health nurses should provide nursing care including health promotion and maintenance of health status of working women.


2004 ◽  
Vol 33 (3) ◽  
pp. 417-436 ◽  
Author(s):  
DANI FILC

The transition from the Fordist hegemonic model to post-Fordism is a complex process. It is not the unavoidable result of technological changes, but the contingent consequence of a hegemonic, political, struggle taking place at the different spheres of the social. This article studies the transformations that took place in the Israeli health care system during the last two decades in order to exemplify the political and contradictory character of the transition to post-Fordism. The article emphasises the contradiction between the partial commodification of financing and the privatisation of certain health care facilities, and the legislation of the National Health Insurance Law, which guaranteed the right to access to public health care services.


Author(s):  
Solomon Tekle Abegaz

A rights-based approach to health helps to address health equity gaps. While several aspects of health as a human right exist, this chapter highlights particular indicators relevant to shaping a human rights approach to maternal and child health in Ethiopia. These indicators include recognition of the right to health; national health plan; accessible and acceptable health-care services; accountability; and a civil society that draws on the agency of vulnerable groups. Probing the extent to which the Ethiopian health system includes these features, this chapter identifies that the Federal Constitution does not adequately recognize maternal and child health as a human right. While identifying the positive developments of increased access to women’s and children’s health-care services in Ethiopia, the chapter also charts problems that limit further improvement, including health workers’ inability from making the right health-care decisions; extreme gaps in ensuring accountability; and a restrictive law that restrains social mobilization for a proper health rights movement. The chapter concludes by providing recommendations to the government of Ethiopia that addressing these problems using a rights-based approach offers an alternative pathway for the progressive realization of the right to health of women and children, and it thereby improves health inequities in the country.


Author(s):  
GE Devenish

One of the manifest differences between the Bill of Rights in the interim and the 1996 Constitutions is the more comprehensive treatment of social and economic rights in the latter.1  In addition to the social and economic rights of children contained in section 28(1)(c), education in section 29 and detained persons' rights in section 35(2)(e), Chapter 2 of the 1996 Constitution encapsulates "an entirely new set of rights not foreshadowed in the interim Constitution".2  These relate essentially to housing rights, set out in section 26, and rights protecting health care services, food, water and social security contained in section 27. Certain other provisions also contain socio-economic rights.  So, for example, section 25(5) redistribution of land, section 28, children's rights, section 29, education, section 35(2)(c), the right to a legal practitioner, section 35(2)(e), detainees rights to adequate accommodation, nutrition, reading material and medical treatment.


Author(s):  
I Mc Murray ◽  
L Jansen Van Rensburg

Children being the most vulnerable members of society are the one's most affected by living in poverty. This unacceptable situation can inter alia be attributed to the disastrous effects of Apartheid. During this unfortunate period in our nation's history millions of people were unjustly evicted from their homes and forced to live in deplorable conditions. Moreover, many of these people were left homeless or without the necessary adequate shelter. Children who were born into these circumstances were denied basic resources such as proper shelter, food, water and health care services. These unfortunate circumstances existed at the adoption of South Africa 's democratic Constitution. The preamble of the Constitution of the Republic of South Africa , 1996 reaffirms government's commitment to heal the inequalities of the past and improve the quality of life of all citizens. The Constitution is based on certain fundamental values, most importantly, human dignity, freedom and equality. The fact that these values are denied to those people living without access to basic resources such as adequate housing/shelter, food, water or health care services cannot be dismissed. To facilitate South Africa 's development as a democratic state based on human dignity, freedom and equality, the problem of poverty must be addressed. The Constitutional Court , in Government of the Republic of South Africa and Others v Grootboom and Others 2000 11 BCLR 1169 (CC), has recently stated that the effective realisation of socio-economic rights is key to the advancement of a value based democratic South Africa . Section 26 of the Constitution grants everyone the right to have access to adequate housing and section 28 that grants every child the additional right to basic shelter among others. By virtue of section 28(1)(b) the primary responsibility to provide children with the necessary adequate housing/shelter is vested in their parents, unless the parents are unable to fulfil their duty or the children are removed from their care. This does not in the least mean that the state has no responsibilities to children living with their parents. The state must still provide the framework in which parents can facilitate the realisation of their children's rights. The state can fulfil this obligation by taking reasonable legislative and other measures within its available resources to realise everyone's right of access to adequate housing progressively.  Therefore, it is submitted that the measures taken to realise section 26 also indirectly ensures the realisation of children's right to basic shelter (section 28(1)(c)). It has been largely accepted by the courts and academics alike that all fundamental human rights are indivisible and interrelated. Clearly then, the state's obligations in terms of section 28(1)(c) cannot be properly interpreted without referring to the interpretation of those obligations conferred upon it by section 26(2) and the other socio-economic rights in the Constitution. Hence, section 28(1)(c) must be seen in the context of the Constitution as a whole. Put simply, the state must take reasonable legislative and other measures within its available resources to realise children's right to basic housing/shelter progressively. This article will focus on the utilisation of the right to shelter of the child to alleviate poverty. Essential to this discussion is an effective understanding of the right to basic shelter as entrenched by section 28 of the Constitution in conjunction with the right of access to adequate housing conferred on everyone by virtue of section 26. This will be achieved by studying the general working of such rights including their limitations and enforcement. 


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