LAW06095 2022 Introduction to law

General Details

Full Title
Introduction to law
Transcript Title
Introduction to law
Code
LAW06095
Attendance
N/A %
Subject Area
LAW - Law
Department
SOCS - Social Sciences
Level
06 - NFQ Level 6
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
2022 - Full Academic Year 2022-23
End Term
9999 - The End of Time
Author(s)
Deirdre McCaffrey
Programme Membership
SG_HSOCI_H08 202200 Bachelor of Arts (Honours) in Social Care Practice SG_WSOCI_H07 202200 Bachelor of Arts in Social Care Practice SG_WSOCI_B07 202200 Bachelor of Arts in Social Care Practice SG_WSOCI_H07 202200 Bachelor of Arts in Social Care Practice SG_HSOCP_H08 202300 Bachelor of Arts (Honours) in Social Care Practice SG_HSOCI_H08 202300 Bachelor of Arts (Honours) in Social Care Practice
Description

Graduates of social care practice are required to be acquainted with the legal framework that governs their everyday work. The aim of this module is to ensure the learner gains an understanding of both the international and domestic legal system as a framework for practice in a social care setting. The first task of any learner new to legal study is to become familiar with the origins and institutions of that country's law and legal method. Therefore, the first part of this module comprises a general introduction to the sources of law and the structure and workings of the administration of justice system operating in Ireland. 

The learner will then be introduced to the efforts of the international community of States to promote and protect human rights through an examination of relevant human rights conventions such as the United Nations Convention on the Rights of the Child. Structures put in place as a result of Ireland ratifying the UNCRC, such as the Ombudsman for Children will also be considered.  

The constitutional nature of equality and legislative efforts to combat discrimination in the delivery of social care services and other circumstances will be evaluated. A concise introduction to education law is encountered by way of reflection of the constitutional principles and values, in addition to legislative provisions.

Learning Outcomes

On completion of this module the learner will/should be able to;

1.

Describe the main sources of Irish law in the context of how legal instruments, both international and domestic, impact on social care (Domain 1.1, 1.9, 1.13, 2.7, 5.3) 

2.

Explore the Irish legal framework structure and administration of the judicial system as it relates to the social care profession (Domain 1.1, 1.6, 1.9, 2.7, 5.3) 

3.

Examine how children's right perspective is promoted in international human rights instruments to ensure child centred social care practice. (Domain 1.1, 1.2, 1.5, 1.8, 1.9, 1.12, 2.4, 5.2, 5.3) 

4.

Demonstrate required cognisance of equality law from a social care perspective. (Domain 1.1,1.5,1.8, 1.9, 1.23, 5.2, 5.3) 

5.

Discuss the constitutional and statutory rights of children to education and the corresponding rights and responsibilities of parents and the State.  (Domain 5.1, 5.2, 5.3) 

Teaching and Learning Strategies

This module will require the learner to take an active role in their learning experience. This will be facilitated by the delivery of a mixture of lectures and tutorials. The module is designed to accommodate face to face and blended learning. Students will have the opportunity to learn by engaging with a diverse range of methods including case studies, problem solving, discussion, peer learning and guest lecturing. The student will be expected to be competent to avail of digitally enhanced pedagogy.  

The teaching and learning strategy will reviewed annually, updated and adjusted accordingly. 

Module Assessment Strategies

Case studies, assignment questions and closed book exams will form the main basis of the assessment strategy in this module. 

Assessment One: 30% - Case Study/essay based on knowledge of core concepts and principles of law allowing the learner to understand and apply their legal responsibilities in hypothetical situations in order to connect with their social care professional identity. CORU Standards of Proficiencies assessed as follows:- (Domain and SOP - 1.1,1.2,1.5,1.8,1.9,1.12,2.4,5.2,5.3)

Assessment Two: 70% - The learner will complete a series of in-class examinations held over the course of the semester. To accommodate this type of assessment, the learner will first be provided with a comprehensive list of questions related to the myriad of areas of law comprising the module. The learner will be examined in class (closed book) on a select number of these questions. CORU Domain/ Standards of Proficiencies as set-out in LO1;LO2;LO4; LO5 assessed in In-class exams.  

Repeat Assessments

Repeat assessment will be based on the failed component(s) and reflect the assessment type failed. 

Indicative Syllabus

1. Describe the main sources of Irish law in the context of the how legal instruments, both international and domestic, relate to social care.

  • The nature and sources of Irish law, namely, the Irish Constitution (Bunreacht na hEireann); the Common; legislation; International law and  European Union law.  Laws relevant to social care will be highlighted.   

2. Explore the Irish legal framework structure and administration of the judicial system as it relates to the social care profession. 

  •  Categorisation of laws in to civil and criminal law, the court structure and jurisdiction; court personnel and precedent In particular the workings of the District Court will be explored as the court most relevant to social care practice.  

3. Examine how children's right perspective is promoted in international human rights instruments and ensures child centred practice.

  • Background to human rights and the Conventions; relevant human rights organisations; United Nations Convention on the Rights of the Child (UNCRC) - overview, guiding principles, monitoring and Ireland's compliance; Ombudsman for Children (OCO)  

4. Demonstrate required cognisance of equality law from a social care perspective. 

  • Relevant equality provisions in international law including in the UNCRC and UNCRPD; Article 40 of the constitution; the Equal Status Act, 2000 - 2015, Employment Equality Act 1998 as amended, Equality Act, 2004 

5. Discuss the constitutional and statutory rights of children to education and the corresponding rights and responsibilities of parents and the    State.  

  • International conventions and education - UNCRC - Art 28 and 29 and guiding principle Art 2,12;  UNCRPD (Art 23) 
  • Article 42 of the Constitution 
  • Education Act, 1998, Education Welfare Act, 2000 and EPSEN Act 2004 (provisions in operation) Equal Status Act, 2000-2015,   

Coursework & Assessment Breakdown

Coursework & Continuous Assessment
100 %

Coursework Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 In-class exam Coursework Assessment Closed Book Exam 70 % Week 3 1,2,4,5
2 Case Study Coursework Assessment Assignment 30 % Week 6 3
             

Full Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Tiered Classroom blended delivery 2.0 Weekly 2.00
Tutorial Tiered Classroom Class delivery 1.0 Weekly 1.00
Independent Learning Not Specified IL 3 Weekly 3.00
Total Full Time Average Weekly Learner Contact Time 3.00 Hours

Required & Recommended Book List

Recommended Reading
2019 Education and the Law Bloomsbury

Required Reading
2018-07-16 Essentials of Irish Labour Law
ISBN 190553695X ISBN-13 9781905536955

This edition of the bestselling comprehensive textbook on Irish labour law has been fully updated and revised to reflect all the major legislative and case law changes in labour law in Ireland. New developments include: reforms of the State's industrial relations structures under the Workplace Relations Act 2015; Protected Disclosures Act 2014 on workplace whistleblowing; landmark CJEU case (Achbita) on employees wearing visible political or religious symbols while at work; the Uber case and the definition of 'employee'; developments in the law on employment permits; mandatory retirement ages; recent Supreme Court, Court of Appeal, and High Court decisions; and more. Essentials of Irish Labour Law, Third Edition provides an historical context to labour law with particular reference to the Constitution, EU law, common law, international conventions, the labour market, and unions. This book examines the various legal structures and regulatory frameworks-domestic and European-that underpin determinations and decisions made in relation to labour law. It presents and evaluates the nature of employment contracts, conditions of employment, and termination of employment with details of legislation and relevant recent case law. Issues such as safety, health and welfare at work, equality legislation and terms and conditions of employment legislation are detailed throughout the text. [Subject: Irish Law, Labor Law]

Recommended Reading
2022 Essentials of Irish Law Clarus Press

Required Reading
2012-04-13 Irish Social Work and Social Care Law Gill Education
ISBN 0717152669 ISBN-13 9780717152667

A new textbook that introduces students to the law governing the practice of social work and social care in Ireland. Provides a clear and concise guide to both the legal framework and the substantive law relating to social care and social work. Presents social care and social work law in an accessible manner, focusing on the specialist functions performed by social care professionals such as child protection, adoption and fostering, disability and mental health. Discusses both child law and the law relating to vulnerable adults in an Irish context. Considers the broader issues that affect service users in a social care context such as domestic violence, youth justice and the asylum system. Written For: Undergraduate and postgraduate students of: - Social Work - Social Care - Applied Social Care - Social Studies - Youth and Community Studies - Child Protection and Welfare A new textbook that introduces students to social care and social work law, concepts and structures in Ireland. Provides a clear and concise guide to both the legal framework and the substantive law relating to social care and social work law. Presents social care and social work law in an accessible manner, focusing on the specialist functions performed by social care professionals such as child protection, adoption and fostering, disability and mental health. Discusses both child law and the law relating to vulnerable adults in an Irish context. Considers the broader issues that affect service users in a social care context such as domestic violence, youth justice and the asylum system.

Required Reading
2012-05-04 Make That Grade Fundamentals of Irish Law Gill Education
ISBN 0717152685 ISBN-13 9780717152681

A concise introduction to all key aspects of the Irish legal system. New to this edition: The new EU Reform Treaty New legislation on defamation, civil partnerships and criminal law Developments in the area of human rights Additional contemporary case studies and tasks Introduces key principles of sources of Irish law, court structures and aspects of ADR. Examines areas of substantive law including tort, contract, criminal, consumer, European Union and human rights law. Presents a glossary of legal terms and an overview of methods of research and study techniques Clear learning outcomes, short and extended research tasks and self-test questions with suggested answers and key points promote independent learning skills. Provides a foundation for further specialised legal studies. Suitable For: FETAC students taking introductory law modules. A revision text for all academic and professional courses with an Irish legal system module. A concise introduction to all key aspects of the Irish legal system. New to this edition: The new EU Treaty of Lisbon New legislation on defamation, civil partnerships and criminal law Developments in the area of human rights Additional contemporary case studies and tasks. Examines key principles of the nature and sources of Irish law, including court structures, tort, contract, criminal, consumer, European Union and human rights law. Provides guidelines to resource materials, including the internet, and includes activities and tasks that encourage and promote their use. Short and extended self-test questions with suggested answers and key points promote independent learning. Provides a foundation for further specialised legal studies.

Module Resources

Non ISBN Literary Resources

Bunreacht na hEireann (The Irish Constitution)  

Byrne and McCutcheon on the Irish Legal System, Byrne, McCutcheon, Bruton, Coffey,  6th Ed, Bloomsbury

Gill and MacMillan, Responding to Special Educational Needs: An Irish Perspective. Dublin 

Relate - Citizens Informatio

Journal Resources

The Law Gazette

Irish Jurist 

Dublin University law Journal 

 

URL Resources

www.irishstatutebook.ie

www.oireachtas.ie

www.courts.ie

www.ihrec.ie    www.workplacerelations.ie   

www.hsa.ie    www.dcya.gov.ie 

www.childrensrights.ie     www.tusla.ie          www.unicef.ie      www.barnardos.ie  www.un.org www.oco.ie

www.gov.ie (eg department of education)   www.ncse.ie 

Other Resources

Bunreacht na hEireann (The Irish Constitution) 

Draft Guidance on a Human Rights-Based Approach to Care and Support in Health and Social Care Settings - HIQA

The United Nations Convention on the Rights of the Child UN Geneva

Various legislative measures such as:-

  • The Equal Status Act, 2000-2015 and the Employment Equality Act,
  • The Education Act,1998; The Education Welfare Act, 2000; The EPSEN Act;  

 National Council for Special Education 

Additional Information