Behaviour and Individual Differences - Essay Example

Individual Differences 21 October 2009 Introduction Society has an important obligation to the children in its midst. Even ancient Greece had put great importance on the role children play in those times, primarily to serve the needs of the state when they grow up to become law-abiding citizens. In this regard, children were important to them but only secondarily to the interests of the state, as enunciated by Aristotle and Plato in their discourses. This view was also subsequently adopted by the Romans who saw children as a secure supply source for its ever-increasing need for soldiers to man the vast reaches of its empire. This utilitarian view was not for the childrens sake or due to any moral or philosophical imperative but for the higher requirements of the state, similar to Greece. It was changed only upon the rise and wider adoption of Christianity which views children as created essentially in the image of God that societies changed the relationship with the state as subordinate to the childrens interests (Groza & Rosenberg 2001, p. 106). Previously, children born with defects were exposed to nature and left to die in bizarre forms of infanticide. Societies today are more enlightened and places childrens interests as paramount to everything else. This is because children as young people are very vulnerable, helpless to let their voices be heard and usually ignored if no one takes up their cause. Focusing attention on them makes the chances of them getting devalued and exploitative practices less likely to ever happen. Many countries have enacted laws specifically for this purpose, to see to it their needs are not neglected. These include early learning, out-of-home care and adoption by orphanages or foster homes. A society is strong if it can take care of its most vulnerable members and that is what most enacted laws aim for (Books 2007, Introduction). Discussion The Children Act of 1989 was Englands attempt to state formally that society has an important role in the care of children and the welfare of its children is paramount. This law made a few crucial changes in how the courts would decide in matters before it affecting a childs welfare and future. There are two important provisions contained in this Act and these are: adoption of the general principle that any delay by the courts will prejudice the welfare of that child and abolition of the rule of law that a father is the natural guardian of his legitimate child is abolished. The first pertains to the matter of urgency in deciding matters by the court while the second deletes the presumptive aspect of fatherhood. Fathers today must apply for a parental responsibility from a proper court for them to exercise their duties as fathers. Without this formal authority, fathers cannot make decisions on their childrens behalf, unlike before. It is a very important new distinction since fathers are removed from the picture with regards to child care unless otherwise specified (OPSI, p. 2). Every Child Matters of 2003 was a government initiative passed in 2004 with the aims of protecting all children up to 19 years of age. The overall objectives are for all children to be healthy, stay safe, enjoy their lives to the utmost, achieve economic well-being and contribute positively to their communities and society in general. The historical underpinnings of this law was the public anger and indignation that arose from the death of Victoria Cliémbe at the hands of adoptive people. Before her death, their were numerous occasions for public health and law enforcement authorities to intervene to prevent the physical abuses inflicted on her but all (including the local social welfare authorities) failed to act despite the signs of abuse. It was simply unbelievable that someone so vulnerable fell through the cracks in the countrys social safety nets. Victoria was an illegal immigrant but that fact did not detract from the sins of society in failing to protect her. The political uproar caused the law to come into effect. On the other hand, the Special Educational Needs Code of Practice for 2001 came into effect to focus the governments educational policies on children with special needs. Its aim is to ensure equal educational opportunities for all children regardless of their conditions. It is a preventative kind of legislation designed to identify these special children early on and make the corresponding interventions to address their special requirements. Specifically, this law directs local education authorities to assess, identify and make provisions for these children so that these special kids will not be bullied at school, deprived of equal attention, derogated into certain stereotypes and being discriminated against by their school peers. This law in effect is the cumulative result of previous laws like the Education Act of 1993, 1994 Code of England, the 1996 Education Act and lastly it incorporated provisions of SEN and Disability Act 2001 (Teacher Net, p. 3). This code serves as statutory guidance only for all educators but certainly cannot provide the exact details in each particular circumstance. That decision is left to them. This law takes into account there is no comparable concept of an individuals “constitutional” legal rights under British law because individual interests are always subject and subordinate to the legislative power under the paramount British doctrine of parliamentary sovereignty (Bartlett & Wegner 1987, p. 121) hence the state has to pass a law that protects everyone. Conclusion All the foregoing laws previously discussed above are designed to protect the young of English society. In particular, they were designed to ensure that each young person will reach his or her full potential regardless of economic status, ethnicity, age, gender, race or country of origin. The Children Act of 1989 introduced the notion of parental responsibility and also redefined the role of the father in a childs care. Every Child Matters 2003 and SEN Code of Practice 2001 reiterated the principle that every child is precious no matter what even those with handicaps (Heller 1982, p. 262) and ultimately it is the State taking the responsibility. TABLE 1 – Key Provisions and Expected Impact on the Child and the Family Key Aspects Impact on Child Impact on Family Children Act of 1989 1) Redefined notion of what constitutes parental responsibility to include all rights, duties and powers. 2) The term “contact” was redefined &mean also not only custody or access but include visitation rights and even reside with a certain parent. 1)Welfare of the child is always paramount above everything else and this concern will supersede every and all other consideration regarding the child. 2) One parent will be still able to visit the child in case of any proceedings such as a divorce or separation but not given custody. 1) It is the individual parent given actual responsibility that should be given the corresponding authority to decide on child matters such as welfare & education. 2) There will be less stress and separation as either parent can be granted “contact” with a child given a prior court order. Every Child Matters (ECM) of 2003 1) Provisions for early child care until age 19 2) State takes final responsibility for the childs overall welfare so that negligence or abuses can be avoided or prevented all times. 1) Provide for safety against any abuses. 2) Guarantee health & general well-being. 3) Reach potentials. 4) Achieve measure of economic and financial self-worth. 1) Parents who may find difficulties with raising their children can seek help from the local authorities. 2) All agencies of the government are asked to render assistance. SEN Code of Practice for 2001 Every child even with a disability should be given equal access to education opportunity. 1)Early prevention and detection increase a childs chances of succeeding in school. 2) Every SEN child has a right to enroll in a mainstream school. 1) One parent is given the authority to decide in behalf of the child. 2) This creates less confusion on who has parental authority and consequently ultimate legal responsibility. TABLE 2 – Social and Educational Impacts on Children Social Impacts Educational Impacts Children Act of 1989 1) Each childs welfare is very important and there should be no court delays if possible. 2) Fathers removed from their role as natural guardians if they are not married to mom and leads to less or fewer illegitimate children. 1) Clear-cut delineation of parental authority as granted by the court leads to less conflicts about who will get to decide on childs education. 2) Mothers are the natural guardians as they are the ones who gestated their children and earn the right to educate. Every Child Matters of 2003 1) Support for children in their emotional and social development. There will be less abuses committed. 2) There will be less abuses committed on children as all government agencies are now mandated to act preventively. 1) Children will be given extra instructions on dangers of drug abuse, abuse drinking and teenage pregnancies. 2) Children will be taught on the dangers of bullying in any environment, whether at the schools or elsewhere. SEN Code of Practice of 2001 1) Children with disabilities will not feel ostracized by being enrolled in special schools for mentally-retarded. 2) There will be less pressure on special needs children to make extra efforts in order for them to be accepted normal. 3) Early detection and other preventative interventions can actually lower the overall cost to society in terms of medical or other related expenditures. 4) Parents would be not or less ashamed that their child has a disability that requires enrollment in a different type of school environment. 1) Educators are mandated to monitor each pupil and to properly inform the parent with parental authority as to what steps are being taken. 2) Parents have the right to be informed on what are the special provisions given to their child when necessary. 3) Children with mild mental disabilities can still be helped if these are detected early on. They can even still excel. 4) There is now less risk of rejection by their peers if children with special needs are enrolled with them in the same school instead of being put somewhere else. References Bartlett, K. T. & Wegner, J. W. 1987, Children with Special Needs, Edison, New Jersey, USA: Transaction Publishers. Books, S. 2007, Invisible Children in the Society and its Schools, Routledge, Florence, Kentucky, USA. Groza, V. & Rosenberg, K. F. 2001, Clinical and Practice Issues in Adoption: Bridging the Gap Between Adoptees Placed as Infants and as Older Children, Greenwood Publishing Group, Sta. Barbara, CA, USA. Heller, K. A. 1982, Effects of Special Education Placement on Educable Mentally Retarded (EMR) Children, in Placing Children in Special Education: A Strategy for Equity, National Research Council, National Academies, Washington, DC, USA. Office of Public Sector Information (OPSI) 1989, available at: http://www.opsi.gov.uk/acts/acts1989/ukpga_19890041_en_2#pt1-l1g4 (Accessed 20 October 2009). Teacher Net, 2001, Special Educational Needs Code of Practice, available at http://www.teachernet.gov.uk/_doc/3724/SENCodeOfPractice.pdf (Accessed on 20 October 2009). Read More