Issues in international law Assignment Sample

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Introduction to the NHS going through systemic violence due to marginalised people

The National Health Service [NHS] in the UK has evolved over the years and is now regarded as one of the largest and most impactful healthcare systems in the world. The Health Act 2009 established the NHS Constitution, which outlines the purpose and principles of the NHS in England while prioritising the values of patients, the public, and staff, as also highlighted in academic resources such as Online Assignment Help in UK. The NHS plays a central role in the public welfare system by providing universal healthcare to millions. NHS England also aligns with government objectives aimed at eradicating modern slavery and human trafficking, ensuring that its supply chain and business operations remain free from ethical and labour abuses.

However, beneath these commitments, evidence of systemic violence has surfaced, disproportionately affecting marginalised workers and women who make up a large portion of the NHS workforce. This systemic violence manifests in forms such as exploitative working conditions, discrimination, unequal pay, and other structural inequalities. These issues particularly impact workers migrating from developing countries, worsening their vulnerabilities and challenging the NHS’s commitment to fairness and equity.

The current essay will be emphasising on developing insights related to one of the debatable topics that upholds the notion of equality within NHS. An in-depth emphasis will be made and this would be analysed whether NHS is going through systematic violence due to marginalised people. Furthermore, ways in which systematic laws and human rights supporting this systematic violence will be described. Moreover, remedies underpinning justice in this contemporary slavery would be explained. Debates revolving arounds recruitment of marginalised people in less wages will be considered. Case laws and international legal framework will be analysed and accordingly, analysis would be undertaken.

Main Body

Nation Health Service staffing crisis proves to be the point of contention due to lack of efficient workforce strategy. Staffing shortage within healthcare limits the services for people and develops huge complexities. British Healthcare Professionals are consistently migrating to different nations such as United States, Canads and Australia in the pursuit of opportunities, higher salaries and better working conditions [3]. In response to staff shortage, UK relies on recruiting healthcare workers from developing countries such as Nigeria, India and Philippines in less wages. These practices are raising ethical and legal concerns that possess under international labour laws and human right frameworks.

As per WHO global code based on practice of the International Recruitment of Health Personnel works on different objectives [4]. It aims to promote voluntary principle and practices for ethical international recruitment of health personnel while considering the rights, obligation and expectations of the source countries. This often aligns with discouraging active recruitment from those countries suffering from critical health issues and workforce shortages. Via disregarding these guidelines UK exacerbating global health inequities and perpetuating systematic exploitation. Studies have shown that international recruit often experiencing drastic conditions which is further linked to modern exploitation [5]. Huge number of people are employed under the restrictive visa schemes that associates with Skilled Worker Visa which often ties their residency directly with the employer. This is developing a intimidating dynamic as workers are unable to gain knowledge related to better pay and better working conditions.

Research has shown that approximately 89% of the NHS staff is getting paid within the terms and conditions related to change and Agenda. The wider understanding can be developed while making comparison among white staff and specific ethnic groups. There has been significant gap range identified in pay. An overall pay gap associates with 5.2% range for marginalised people, this articulates about pay differences within NHS. Hounga v Allen (2014) verdict specified that Miss Hounga appeal should be restored for compensation order as Mrs Allen unlawfully dismissed her [6]. Section 4 (2) (C) of Race relations act 1976 has been replaced through section 211 (2) and it has been further scheduled 27 to Equality Act 2010 [7]. The case illustrated that immigration status can result in exploitation of morals and develops conditions of slavery. The scenario presented in the case significantly illustrated about the systematic barriers acting as a loophole in providing fair treatment [8]. The exploitation of the international healthcare workers is just not limited to labour issues. However, this also violating fundamental human rights that is underpinning ethical and moral breach.

Issues in international law Assignment Sample

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The European Convention on Human Rights [ECHR] works on the motive of “bring rights home” via permitting people for bringing the claims within UK court instead of taking cases in European court of Human Rights [9]. ECHR prohibits slavery and forced labor, article 4 of ECHR demonstrate that no one should be held in servitude and slavery. Furthermore, it articulates, no one should require to perform compulsory and forced labour [10]. The European court of human rights [ECtHR] interpreted this article for resolving the issues related to severe exploitation and lack of autonomy. The case of Siliadin v France (2005) depicts that ECtHR witnessed that France violated Article 4 of the Convention and ordered France to pay legal fees to Siliadin EUR 26,206.69 [11]. The conditions experienced by NHS workers might not constitute in outright slavery. However, coercive aspects related to visa schemes and systemic discrimination falls under the category of force labour and this delineated as the breaching of Article 4 of ECHR [12].

Article 14 of ECHR “Prohibition and discrimination” proves to be equally pertinent, unequal treatment of international workers in NHS, specifically in relation to career progression, pay basis and working conditions raising serious concerns regarding compliance of provision [13]. NHS recruits marginalised people is less wages and provides competitive wages to healthcare workers who belongs from UK. This is articulating about persistent disparities faced by marginalised communities, in terms of career opportunities as well they are facing huge discrimination [14]. Hence, this is breaching Equality Act 2010; this states that everyone at the workplace must be treated equally and discrimination on the basis of gender, sex, race, religion and ethnicity should be prohibited.

The case of DH v Czech Republic (2007) depicted the first challenge regarding systematic racial segregation. Group of eighteen Czech nationals of Roma origin claimed that state violated article 14 via placing them in special schools that was envisioned for mentally disabled people. The indirect discrimination was undertaken and article 14 was violated [15]. By implying this principle, emphasis can be made on the systematic barriers faced by marginalised NHS workers as they are suffering from discrimination [16]. The statistical estimation has revealed that gendered and racialised nature associates with systematic violence, NHS workforce is constitute with majority of proportion belongs from Black, Asian and Minority Ethnic [BAME] backgrounds [17]. However, women from marginalised communities getting lower wages and further they are underrepresented in senior positions. This is underpinning about extent of discrimination takes place with them and this is further contributing in the violation of article 14. As per Royal College of Nursing BAME workers gets less promotion in comparison to white staff members. These disparities underscoring about the intersectional nature systemic violence within NHS [18]. This clearly shows that gender, race, ethnicity and immigration status collectively specify about the experience and opportunities for workers.

Women Rights within NHS requires specific attention so their contribution can be represented in the workforce. The gender pay gap within NHS remains a major concern which should be focused out. Research has shown that male doctors earn an average 16% more in comparison to female doctors [19]. In terms of nurses and other healthcare it is evident that they are also suffering from huge discrimination and therefore, it is essential to take actions in this area. The inequality is further intensified through work policies that have been failed to accommodate unique and drastic complexities faced by marginalised individuals [20]. Women are struggling to greater extent as they face partiality with respect to maternity leave provisions. These complexities are just not limited to violating domestic equality laws it is further impacting international human right standards such as Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) [21]. This significantly shows that NHS has been suffering from systematic violence and marginalised people are recruited on low wages. The consistent disparities faced by these individuals which is breaching the contextual domains of human rights [22]. There is need to adopt a standard framework that focuses on reducing the extent of discrimination so that equality can be promoted.

Systematic violence occurs when people struggle from social structures and the institution sustain and often reproduce it. This kind of violence acts as a loophole in meeting basic needs of an individual. From the statistical information it has been revealed that 13.7% of the NHS staff reported that they have suffered from physical violence. 26% of the ambulance staff reported that they have suffered from bullying and abuse [23]. Apart from structured discrimination, vast majority of public and patient does not show any sort of respect towards staff members and this lead to make situation worst. Henceforth, this is creating huge issues within NHS as the systematic violence persisting to greater note. Considering this domain, it could be said that, a positivist approach has been followed in the system due to which discrimination with marginalised community keeps passing [24]. There is need to implement focus on this area so that effectual support can be ensured to staff members who belongs from marginalised communities. Research has shown that staff shortages are widespread across NHS and as a result, NHS has fewer doctor and nurses in comparing to different countries. This develops persistent cycle of recruiting people from other countries in lower wages and these individuals faces systematic violence and discrimination. This lead to create significant issues for marginalised people and further impacts their well-being to greater extent.

The international human rights legal framework associates with international instrument that combats with varied forms of discrimination. For instance- it emphasis on the discrimination takes place with indigenous people, minorities, migrants, people with disabilities, racial and religious discrimination and disparities against women [25]. Under international human rights law, discrimination continues to be a major issue, the differential treatment towards marginalised people clearly specifies about the extent of discrimination faced by them. Therefore, it is highly essential to imply focus on this area so that effectual support can be assured to people who are suffering from discrimination.

The systematic violence within NHS extending beyond economic exploitation that encompassing with the emotional, mental and psychological harm. Studies have shown that 44% of the NHS staff reported about bullying, abuse at work and harassment with BAME workers and women [26]. Such kind of environment influencing mental health of workers in drastic manner and further leading to higher turnover rates. This is the major reason behind on-going staffing crisis at the NHS, increasing rate of discrimination towards marginalised community requires to be focused out as it is breaching human values and morals. In order to address these issues, multi-pronged approach is required. Immigration policies should be reformed with the aim of eliminating forcible domains related to visa schemes [27]. Furthermore, it is important to introduce new pathways that permits mobility for international workers. They should be advocate about their rights, fair treatment and empowerment. Lack of awareness regarding rights developing major complexities and therefore, this should be focused out and assistance in this context must be give to marginalised people.

Furthermore, NHS should implement the targeted measures for addressing pay inequalities along with promoting diversity in the leadership role. Despite having potential BAME workers and women does not get opportunity and they are not able to represent themselves on senior positions [28]. This is signifying about discrimination and there is need to implement an inclusive environment and every individual should get equal opportunity for showing their potential. They must be given opportunity to represent themselves and subsequently, their potential should be analysed and promotion should be considered. This will lead to develop an inclusive environment at the workplace, equal salary should be provided to individuals working on same position with same potential [29]. The pay gap demoralising the values of people and due to which NHS always suffers from staff crisis. Mentorship program, bias training and transparent promotion process can support in dismantling the systematic barriers experienced by marginalised workers.

UK must focus on aligning with recruitment practices that complies with international ethical standards. It is important to adhere with WHO’s Global Code of Practice further, investigating domestic workforce development is pivotal for decreasing reliance on international recruits [30]. The robust mechanism of reporting and addressing workplace discrimination should be established so that significant actions can be taken for reducing the abuse, exploitation and harassment faced by marginalised people. Thus, independent oversight bodies play decisive role underpinning NHS accountability towards fostering and inspiring inclusive and equitable work environment. Moreover, cultural shift is required for encouraging values and respect towards all NHS workers [31]. Instead of judging them on the basis of race, nationality and gender they should be recognised and appreciated in accordance with their potential, knowledge and contribution. In this manner an inclusive environment at the workplace could be developed and equal treatment towards each individual can be ensured.

Public awareness and education campaigns needs to be organised as these can mitigate the stereotypes, challenges and biasness perpetuating with systematic violence within NHS. Marginalised people should be made aware regrading their rights so they can immediately take actions if any kind of discrimination takes place with them. The foremost discrimination can be witnessed in the recruitment procedure, NHS recruits marginalised people on less wages whereas, British workers has been given higher wages for same position [32]. The promotion of White-British community is higher in comparison to BAME workers which shows that marginalised people are not getting opportunity to be in senior positions. Therefore, a robust strategy is needed that consistently focuses on assuring equal treatment to each individual.

From the studies it has been identified that NHS is looking forward to take certain actions that helps in reducing the extent of discrimination against marginalised people. The data would be analysed for identifying the pay gaps and accordingly, action will be taken, it is specifically for tracking minorities via NHS boards [33]. By reflecting on the current data sets plan will be implemented and subsequently, disparities would be eradicated. Furthermore, focus will be specified on implementing an effective working policy for enhancing the satisfaction level of workers and extreme work pressure would be reduced towards them. NHS organisations will focus on two specific areas [34]. The bullying will be increased and a robust approach will be undertaken against the abuse and harassment. This results in solving certain issues absenteeism and high turnover rates and this lead to disproportionately influence those people with some protected characteristics and this further improves inclusive team working, well-being and staff health.

NHS is experiencing wider benefits from the compassion, commitment and expertise of international recruited people. NHS must focus on certain areas, before joining of the international recruits it is important to provide and receive clear communication guidance that supports employment conditions. The clear guidance on latest home office immigration policy, future career opportunities, financial commitments, conditions for accompanying family members should be provided. There is need to emphasis on developing comprehensive onboarding programmes specifically for the international recruits that draws upon best practice [35]. The efficacy of the pastoral support and induction could be measured through staff survey, feedback and turnover rates. Line managers and teams are accountable for welcoming international recruits, it is essential to prioritise the culture of different individuals and accordingly, inclusive environment should be developed that embodied with respect each individual and their culture. Furthermore, international recruiters should be given access to same developmental opportunities that are received by national recruiters [36]. They should be given access to training and developed so they can grow in their career progression. Line managers and team must ensure that personal development plan has been made for each individual and everyone is getting equal opportunities in terms of career progression.

In this manner, NHS would be able to comply with international human rights legal framework and the extent of discrimination with marginalised people can be reduced. The prior focus needs to be implied on the root causes that are creating significant disparities against marginalised people. The context is upholding the important notion of discussion as it is based on a sensitive topic that aligns with systematic violence pattern within NHS. Unstructured pattern at the settings develops consistent pressure on marginalised communities, extreme work load develops mental exhaustion for them. These individuals show their utmost potential and even after this they are not able to receive the rewards and recognition which develops negative impact on them [37]. The international recruits should be undertaken with appropriate focus so that ethical practices can be performed, no disparities in pay range should be undertaken. The success metrics for assessing this action in NHS concerned with undertaking staff survey. Another strategy within the plan complies with developing an environment which eliminates conditions such as discrimination, bullying, physical violence and harassment. Marginalised people get bullied because they are from different nation, this lead to breach ethics [38]. Depending on local policies for reducing bullying is not enough, there is need to undertake a proactive preventative approach that comprises with developing a healthy workplace environment.

For undertaking this change, employee relation process should be reviewed, this must involve gaining insights related to themes and trends that trust solicitors. It is important to provide assurance to individuals that no discrimination would be undertaken with them. There is need to develop an environment in which staff becomes able to speak regarding the concerns and year on year improvements [39]. An appropriate mechanism requires to be adopted for supporting staff who raise concern regarding discrimination or any other type of abuse. NHS leaders, particularly, chairs and chief executives should be lead via examples. Boards members must collectively and individually take actions regarding the support and development that should be provided to marginalised people. NHS is largest employer within the country and therefore, all NHS organisation must focus on developing an inclusive environment within the setting as this results in addressing the pre-employment to post-retirement discrimination for all people. Discrimination against both the youngers and older marginalised people has been witnessed in the procedure of selection process [40]. As per 2022 WRES data, NHS trust providers evidenced that racial discrimination continues to impact each domain of working lives within BME staff. This discrimination led to develop significant influence on long-term physical and mental health of the workforce. This results in contributing to structural health inequalities which ultimately impacts the health outcomes of service users.

Religious discrimination has been evident within NHS, this proves to be highest among Muslims and Jewish colleagues. The increasing level of antisemitism and discrimination towards different religions determining about the moral breach and ignorance of human values. A cultural competence requires to be incorporated that assures equal opportunity to each individual and there it is pivotal to ensure respect towards each religion. NHS must focus on this area and every member should be treated. Religion-based discrimination is highlighting about systematic violence and there is need to take appropriate action in this area so that an inclusive environment can be developed within NHS [41]. However, there are different actions has been considered by NHS for preventing staff violence. NHS England has commissioned the Association of Ambulance Chief Executive [AACE] that depicts about new violence prevention and reduction hub, this is significantly designed for NHS ambulance services as most of the marginalised individuals are recruited for ambulance services [42]. Despite taking varied steps, it has been witnessed that NHS has been going through systematic violence and contemporary slavery is taking place within NHS. It recruits marginalised people for less wages. Based on the case analysis, it can be said that international laws and human rights views systematic violence as subjective issue that breaches ethical, moral and human values. The list of marginalised groups is at high risk, International human rights law is significantly clear. However, there are too many instances identified that states about robust approach [43]. Majority of the black people within NHS experienced prejudice from senior staff, they have been given extreme work and comparatively, their salary is less. NHS facing the crisis of staff shortage and therefore, international recruitment has been done, nevertheless, these recruitments hold the notion of discrimination as marginalised people have been approached in lower wages.

The commission has understood the contextual issue “Fragmentation of international law” compounds with the difficulties related to the expansion and diversification of the international law. On a contrary note, fragmentation reflects on the rapid expansion of international legal activity in varied context. The Marshall persuasiveness was depended upon consensus and when he wrote his opinion regarding “right” without considering real remedy. This found to be the larger conviction when “law” itself was not something. As stated in above section that NHS needs to adopt robust strategy as international laws have set the basis [44]. However, NHS lacking in considering practical implication. Therefore, it is important to adopt reforms along with introducing new ones that entails with developing an inclusive environment. There is need to develop awareness in people and they should be made aware about their rights. In the process of international recruitment strict policies must be implemented and marginalised people should inform about the wages, working condition and so on domains [45]. On-boarding program must cover all the elements so that individuals become aware about their job role, salary, career opportunities and progression. The international framework for the rights of migrant concerned with instrument persisting to human rights of migrant. This also emphasis on the special rights of the migrant workers under varied conventions and declaration of the protocols.

The Article 28 of UN human rights “Right to Free and Fair World” depicts that each individual is entitled to social and international order under which the right of freedom has been set at the forefront. This specifies that everyone has right to get fair treatment and similarly, this implies in case of marginalised people [46]. The international reform sess everyone on equal note and subsequently, individuals working in another country have the right to receive fair treatment [47]. Therefore, marginalised people in NHS UK should be treated in equal manner and disparities related to pay gape, working condition, career opportunities and progression should be focus out and subsequently, an inclusive environment must be developed.

Conclusion

Conclusively; this can be said that NHS relies on marginalised workers specifically towards women who are from developing countries. A structured pattern in the setting has been developed that is underpinning the notion of discrimination. It is important to focus on these challenges as these are directly breaching ethical and legal concerns. Positivist approach has been adopted within NHS due to which systematic violence occurs and it develops drastic impact on the working efficacy of people. Race, caste, religion and gender-based discrimination developing significant issues for marginalised people. Findings have shown hat marginalised people are not able to receive career progression due to huge discrimination practices. UK requires to sustain commitments related to human rights and ethical practices so that systematic violence within NHS can be eradicated and fair treatment towards all individuals could be promoted. The issue is just not limited to looking upon the systematic violence.

However, it is also dismantling structural inequalities and there is need to take action in this context. It is essential to adopt a robust approach that prevents systematic violence and structural inequalities, by embodying fair and ethical practices NHS will become able to develop an inclusive environment that ensures equal treatment to each individual. Hence, there is need to undertake a robust approach that prioritise the needs and requirements of all individuals and accordingly, actions should be taken. Moreover, cultural competence should be prioritised and respect towards each religion should be maintained.

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