Deontological Ethical Theory
The development of social policies within the United Kingdom is extremely complex. Often involving conflicting factors. Each government must consider human rights and the individual entitlement of members, while also respecting the political and social moral values of the state.
Human rights are basic rights and freedoms that every human is entitled to regardless of who they are, where they were born or how they chose to live their life. In the United Kingdom, these rights and freedoms are protected by the Human Right Act 1998 (Equality and human rights commission, 2010). The Human Rights Act 1998 incorporates the European convention on human rights(ECHR). The ECHR treaty, originally proposed by the United Kingdom, consists of several …show more content…
articles that protect specific rights and freedoms of its members while prohibiting unfair and harmful practices (Liberty, 2015). Examples of the articles contained in the treaty are, right to life, no torture, inhuman or degrading treatment and no slavery or forced labour (ECHR, 2014).
Article 9, freedom of thought, conscience and religion was included as a right because of the mass genocide inflicted upon people in Nazi Germany due to religious belief (ECHR, 2014). In the United Kingdom, article 9 conflicts with acts such as section 70 of the School Standards and
Framework Act 1998. The act states ‘each pupil in attendance at a community, foundation or voluntary school shall on each school day take part in an act of collective worship’ (Government, 1998). In non-religious schools, this should be of 'wholly or mainly of a Christian character' (National secular society, 2017a). The UK is the only country in the world to impose Christian worship in state schools (British Humanist Association, 2013). A provision in the act does allow for a parent to exclude their child from this practice, however, few parents chose to do this as they do not want their child singled out or to miss important learning taught in assemblies (British Humanist Association, 2013). In a democratic society, inclusion not exclusion should be enforced. No person should be made to feel different because of their beliefs. Currently, the United Kingdom does not acknowledge a young person's right to freedom of religion or belief while in school and therefore is in breach of their human rights under article 9 (National secular society, 2017b).
Human rights are misrepresented by UK governments and the media. Often showed negatively as an individual’s right being more important than society. However, they are important in the protection of unpopular minorities against discrimination and ensuring that all members of societies rights and entitlements are met (Farrell, 2014) .
Individual entitlement is a rights-based approach that puts individual's rights at the centre of government’s obligation (University of Minnesota, n.d.). In the youth justice system, young offenders have been treated as criminals first, punished and held accountable for their actions regardless of age or circumstances. Policies on crime have been ‘designed to reassert the virtue and necessity of authority, order and discipline’ (Morris et al., 2010). However, the Howard League for Penal Reform suggests that by not catering to the individual needs of child offender’s governments are exacerbating the problem of youth crime. Placing children in overcrowded,
violent environments, away from family with little activity creates discontented youths with no social awareness (2010).
The welsh Assembly has recognised, a more child-centred approach, where the complex needs of an individual are met, results in a reduction in crime, benefiting the child and society. The Welsh government appreciates all children are entitled to rights regardless of circumstances, a holistic approach is therefore essential to meet their needs. Access to services and support, particularly for the most vulnerable, is essential in preventing crime as well as helping those who have offended to not re-offend (Welsh Government, 2014). Although the policies rights-based approach is progressive, the implementation of the policy is problematic because the Welsh Assembly is only able to control one aspect of the initiative, prevention through social welfare. The Welsh criminal justice system is still controlled by UK parliament; therefore, the Welsh Assembly has no control over finances in this area and is not able to transfer money currently spent on ineffective prisons to enhance the services in prevention and social welfare strategies (The Howard League for Penal Reform, 2009).
One of the reasons for strong policies on crime is the United Kingdom's belief in law and order. The development of social policy is heavily influenced by political and moral values
(Titmuss, 1974). Eastern societies are concerned with, what is best for the whole of society while in the west more emphasis is put on individual rights. However, it is each government's interpretation of what is morally the right thing to do which determines policy (Mastin, 2008).
In western philosophy, seven moral theories or ‘moral prisms’ can explain how governments determine what is the right course of action for society. Existentialism, deontology, ethic of caring,
communitarianism, utilitarianism, virtue ethics, and egoism are all moral prisms that explore western issues of liberty, duty, compassion, community, happiness, virtue, and self (Center for Philosophy for Children, n.d.).
For example, the privatisation of foster care in the United Kingdom, which is becoming increasingly popular (Steen and Smith, 2012) can be argued as a deontological approach from the government's point of view. The deontological ethics theory focuses on the morality of the action and not the consequences of that action (Encyclopædia Britannica, 2015). Caring for vulnerable members in society is a duty, privatisation meets the increasing demands of re-homing children, therefore the English government is fulfilling its duty. Any profiteering by a company is acceptable as the intention was good (Study Moose, 2016). However, charities and organisations such as community care argue, allowing private companies to approve and review foster carers can lead to immoral practice, putting profit before the child's welfare. David Hill, director of children's services is calling for a review of current policies (McNicoll, 2016). A utilitarian approach to fostering should be considered. This theory views the morally right action as the one which produces the most good (Center for Philosophy for Children, n.d.). Scotland takes this approach as it allows private agencies to provide care, but does not allow those who make a profit to approve, review or terminate foster carers, putting the interest of the child and carer first (The Scottish Government,
2013).
As the examples show, the development of social policy is complex and even within the UK different governments take different approaches in developing policies. The devolved institutions in Wales and Scotland take a more progressive rights-based, utilitarian approach, while England takes a less inclusive, existentialist view when developing policies
Human rights are basic rights and freedoms that every human is entitled to regardless of who they are, where they were born or how they chose to live their life. In the United Kingdom, these rights and freedoms are protected by the Human Right Act 1998 (Equality and human rights commission, 2010). The Human Rights Act 1998 incorporates the European convention on human rights(ECHR). The ECHR treaty, originally proposed by the United Kingdom, consists of several …show more content…
articles that protect specific rights and freedoms of its members while prohibiting unfair and harmful practices (Liberty, 2015). Examples of the articles contained in the treaty are, right to life, no torture, inhuman or degrading treatment and no slavery or forced labour (ECHR, 2014).
Article 9, freedom of thought, conscience and religion was included as a right because of the mass genocide inflicted upon people in Nazi Germany due to religious belief (ECHR, 2014). In the United Kingdom, article 9 conflicts with acts such as section 70 of the School Standards and
Framework Act 1998. The act states ‘each pupil in attendance at a community, foundation or voluntary school shall on each school day take part in an act of collective worship’ (Government, 1998). In non-religious schools, this should be of 'wholly or mainly of a Christian character' (National secular society, 2017a). The UK is the only country in the world to impose Christian worship in state schools (British Humanist Association, 2013). A provision in the act does allow for a parent to exclude their child from this practice, however, few parents chose to do this as they do not want their child singled out or to miss important learning taught in assemblies (British Humanist Association, 2013). In a democratic society, inclusion not exclusion should be enforced. No person should be made to feel different because of their beliefs. Currently, the United Kingdom does not acknowledge a young person's right to freedom of religion or belief while in school and therefore is in breach of their human rights under article 9 (National secular society, 2017b).
Human rights are misrepresented by UK governments and the media. Often showed negatively as an individual’s right being more important than society. However, they are important in the protection of unpopular minorities against discrimination and ensuring that all members of societies rights and entitlements are met (Farrell, 2014) .
Individual entitlement is a rights-based approach that puts individual's rights at the centre of government’s obligation (University of Minnesota, n.d.). In the youth justice system, young offenders have been treated as criminals first, punished and held accountable for their actions regardless of age or circumstances. Policies on crime have been ‘designed to reassert the virtue and necessity of authority, order and discipline’ (Morris et al., 2010). However, the Howard League for Penal Reform suggests that by not catering to the individual needs of child offender’s governments are exacerbating the problem of youth crime. Placing children in overcrowded,
violent environments, away from family with little activity creates discontented youths with no social awareness (2010).
The welsh Assembly has recognised, a more child-centred approach, where the complex needs of an individual are met, results in a reduction in crime, benefiting the child and society. The Welsh government appreciates all children are entitled to rights regardless of circumstances, a holistic approach is therefore essential to meet their needs. Access to services and support, particularly for the most vulnerable, is essential in preventing crime as well as helping those who have offended to not re-offend (Welsh Government, 2014). Although the policies rights-based approach is progressive, the implementation of the policy is problematic because the Welsh Assembly is only able to control one aspect of the initiative, prevention through social welfare. The Welsh criminal justice system is still controlled by UK parliament; therefore, the Welsh Assembly has no control over finances in this area and is not able to transfer money currently spent on ineffective prisons to enhance the services in prevention and social welfare strategies (The Howard League for Penal Reform, 2009).
One of the reasons for strong policies on crime is the United Kingdom's belief in law and order. The development of social policy is heavily influenced by political and moral values
(Titmuss, 1974). Eastern societies are concerned with, what is best for the whole of society while in the west more emphasis is put on individual rights. However, it is each government's interpretation of what is morally the right thing to do which determines policy (Mastin, 2008).
In western philosophy, seven moral theories or ‘moral prisms’ can explain how governments determine what is the right course of action for society. Existentialism, deontology, ethic of caring,
communitarianism, utilitarianism, virtue ethics, and egoism are all moral prisms that explore western issues of liberty, duty, compassion, community, happiness, virtue, and self (Center for Philosophy for Children, n.d.).
For example, the privatisation of foster care in the United Kingdom, which is becoming increasingly popular (Steen and Smith, 2012) can be argued as a deontological approach from the government's point of view. The deontological ethics theory focuses on the morality of the action and not the consequences of that action (Encyclopædia Britannica, 2015). Caring for vulnerable members in society is a duty, privatisation meets the increasing demands of re-homing children, therefore the English government is fulfilling its duty. Any profiteering by a company is acceptable as the intention was good (Study Moose, 2016). However, charities and organisations such as community care argue, allowing private companies to approve and review foster carers can lead to immoral practice, putting profit before the child's welfare. David Hill, director of children's services is calling for a review of current policies (McNicoll, 2016). A utilitarian approach to fostering should be considered. This theory views the morally right action as the one which produces the most good (Center for Philosophy for Children, n.d.). Scotland takes this approach as it allows private agencies to provide care, but does not allow those who make a profit to approve, review or terminate foster carers, putting the interest of the child and carer first (The Scottish Government,
2013).
As the examples show, the development of social policy is complex and even within the UK different governments take different approaches in developing policies. The devolved institutions in Wales and Scotland take a more progressive rights-based, utilitarian approach, while England takes a less inclusive, existentialist view when developing policies