Legal Professionals and the Pursuit of Social Justice
Advocacy using hr legislation presentation
1. Eden Parris
Advocacy Coordinator
Communication Rights Australia
2. Communication Rights
Australia
Formerly CAUS
Advocacy and information for people with little or no
speech
Statistics: 730,000 Victorians who have a communication
disability
Communication Disability often listed secondary
3. Purpose of Session
There has been much discussion in recent years about
a human rights-based approach to advocacy.
What are some practical ways we can incorporate
human rights legislation into our advocacy, so that
people with disabilities can experience greater justice
in their lives?
5. WHY use human rights legislation?
. To achieve a just OUTCOME
Advocacy often operates in the
grey area between persuasion
and compulsion.
Advocacy often follows a series of ‘escalating’ steps:
hone calls/emails
etters
eetings
omplaint
6.
7.
8. Using human rights:
Builds in the compulsion at the early stages of
advocacy (emails, calls, letters, meetings).
It increases your leverage early on.
It is all about getting the result and using a method
that does not rely on emotion or criticism but which
builds respect dignity into the process
9. WHY use human rights legislation?
2. To Educate and Achieve Systemic Change as we go
The Historical Shift described by the UN:
The Convention follows decades of work by the United Nations to
change attitudes and approaches to persons with disabilities. It takes
to a new height the movement from viewing persons with
disabilities as "objects" of charity, medical treatment and social
protection towards viewing persons with disabilities as "subjects"
with rights, who are capable of claiming those rights and making
decisions for their lives based on their free and informed consent
as well as being active members of society (UN ENABLE)
If we want our work as advocates to have a social development dimension
then we should embed human rights into our advocacy practice so that
we can be part of this historical movement.
10. HOW? – the ‘nuts and bolts’
1. FRAME YOUR ADVOCACY CASE IN TERMS OF
HUMAN RIGHTS
What human rights?
Not enough to say “human rights.”
Not enough to say just ‘Freedom Respect Equality
Dignity’. Risks of oversimplification.
CRA developed a database that enables us to frame
advocacy cases in terms of particular human rights
Note: If you can’t frame your case in terms of an
infringement of human rights or policy it may not be
an advocacy request (vs case management)
11. Actual documents
United Nations Convention on the Rights of
Persons with Disabilities
Victorian Charter of Human Rights and
Responsibilities
UN Convention on the Rights of the Child
Universal Declaration of Human Rights
Disability Act
State Disability Plan
Disability Standards (DHS)
Disability Discrimination Act
Disability Standards for Education
12. Examples of Rights include:
Freedom of expression
Freedom of movement
Access to Justice
Right to be free from exploitation or abuse
Right to family
Right to adequate standard of living
Right to Education
Right to Privacy
Right to be included in the community
Right to Health
13. 1. Framing your case
Example
Greg Jones is aged 62, in nursing home, muscular
dystrophy, barely getting outside.
Wants to get a motor scooter to visit shops and river
Opposition from family, nursing home, no case
manager
Concerns about finances and safety
‘we know what’s best for him’
14. STEP 1: FRAME YOUR ADVOCACY GOAL AS AN
ACHIEVABLE SENTENCE WITH A DATE
“FOR GREG JONES TO BE ACCESSING HIS LOCAL
COMMUNITY AT LEAST TWICE WEEKLY ON A
MOTOR SCOOTER WITH APPROPRIATE SUPPORT
BY JULY 1 2012”
STEP 2. NOMINATE THE HUMAN RIGHTS THAT
MAY BE BEING BREACHED:
• Freedom of Movement
• Right to Mobility
• Right to access community
15. STEP 3: NOMINATE THE ACTUAL SECTIONS THAT
RELATE TO THESE RIGHTS
So it is not just
- Freedom of Movement
But
Freedom of Movement – s12 Vic Charter, Art. 18
UNCRPD
Have a ready means of accessing the UNCRPD and the
Vic Charter
At Communication Rights Australia we have broken
them down into Word Documents for Easy Access on
our system
16.
17. Example 2
Christine James is in Year 7 at a mainstream high
school. She has autism and very little speech. She
communicates using an AAC device which she uses
independently after it is set up and she is encouraged
to use it. Independent testing has confirmed her to be
mid to high range IQ.
Christine’s parents have discovered that her device
is not being taken out of her school bag by her
teacher’s aide, and that Christine is being given
colouring in during Maths and Science. Recently the
vice principal has suggested to Mrs James that
Christine would be better suited to a special school.
They approach your organisation for advocacy.
19. 1. Frame Advocacy Goal
“For Christine James to remain at mainstream high
school and to be using her communication device in
all classes with the support of appropriately trained
aides by 1 June 2012”
2. Nominate Human Rights and relevant Sections
Right to Communicate – Vic Charter s15(2), UNCRPD
Art 21
Right to Education – UNCRPD Art 24
20. Commence your advocacy
1. Emails and Phone calls
“Dear [Integration Coordinator]
Communication Rights Australia is a government funded advocacy
service for people with little or no speech.
We have been invited by the parents of Christine James (Year 7) to
attend the upcoming Student Support Group Meeting on 3 April
2012.
This is to confirm our attendance at the meeting. It is our hope that
issues to do with Christine’s right to inclusive education and
her right to communicate in the classroom will be able to be
resolved and the training of teacher’s aides in using her device
will commence.”
21. Emails and phonecalls (cont.)
Polite but firm
Mentioning the specific rights i.e. “right to
communicate”
Not mentioning the sections or legislation (don’t go
overboard at this stage)
Note: strategy would be to get the parents to request
this as an agenda item which you speak to
22. Attending meetings
Have relevant human rights legislation and sections
printed out and highlighted for your reference
Introduce the topic – people may not be aware
Read the section out
REFRAME conversation from ‘problem’ to ‘rights’
Have a couple of excerpts ready to hand out (see next
slide for example)
Don’t forget to lead into your concrete request
i.e. a) For a communications book to be completed every class,
recording how the Christine’s communications device was used
b) For an agreement that Christine’s two teacher’s aides will
receive fortnightly training sessions for 3 months in using her
communications device
23.
24. Writing Letters
Key area to incorporate human rights
Once again – moral force, power of trump card
Trumps what? Resources argument (give eg),
outdated practices
Remember:
Human Rights are inherent to each individual
Human Rights are individual
Human Rights are indisputable
Human Rights are inseparable
Should be straightforward if you have already framed
your case in terms of human rights sections. You’ve
already done your research.
25. COMPONENTS OF LETTER
1. To Whom
2. Importance of Title – reference specific rights (to
communicate you are serious and to generate concern
and urgency)
3. Introduction to your concerns and reference rights
4. Summary of facts
5. Excerpts from Human Rights legislation
6. Finish by stating what you want done
7. Request a response within X days
Note on length: Use appendices if necessary
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29. Complaints Mechanisms
Disability Services Commissioner
Tribunals (AHRC, VEOHRC, Health Services
Commissioner, VCAT)
Ombudsman
Court
Continue to use specific human rights sections.
Will get varying levels of interest depending on forum
Using specific human rights strengthen your