Rights, the UNCRPD and the National Disability Strategy, and how they are meant to help
The NDIS has a strong focus on ensuring the rights and choices of people living with disability are protected and enabled, ensuring such rights are reflected in life opportunities. Underlying these rights are the United Nations CRPD and Australia’s National Disability Strategy. Therefore, having a discussion around rights can be an empowering and important topic to explore within a peer support network meeting setting.
Human rights say that every individual person’s humanity must be respected and protected. However, for some people living with disability this has not been their lived experience. NDIS policies must reflect these human rights in its work and this is part of law. Here are some discussion points and resources on what human rights are, how they are part of our law, ways in which we can ensure our rights are protected and upheld, and how we can weave safety into our life and life plans:
What are human rights?
Commonly understood as being those rights which are essential to the human being. The concept of human rights acknowledges that every single human being is entitled to enjoy his or her human rights without distinction as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Key characteristics of human rights include:
- Human rights are founded on respect for the dignity and worth of each person;
- Human rights are universal, meaning that they are applied equally and without discrimination to all people;
- Human rights are inalienable, or unable to be taken away (in general);
- Human rights are; indivisible, interrelated and interdependent. This means we cannot pick and choose which ones we adhere to. All human rights should be seen as having equal importance and being equally essential to the dignity and worth of every person.
What is the United Nations CRPD?
This is the UN Convention on the Rights of People with Disability (CRPD). This has become Law in Australia since 2006, meaning that all governments must be working to put in place the policies and strategies to uphold these rights. This is one of the reasons why we now have the NDIS.
What is Australia’s National Disability Strategy?
This is the government’s guide as to how the laws and policies will be put into place nationally.
How are human rights put in place?
Human rights law places an obligation on our States to act in a particular way and prohibits States from engaging in specified activities. However, the law does not establish human rights. International Treaties and other sources of law are in place to protect the rights of individuals and groups against actions or abandonment of actions by Governments which interfere with the enjoyment of their human rights. We are all entitled to enjoy our rights, and that includes:
- To be free from violence and abuse;
- To get the right health care and any personal support I might need to live a good life;
- To choose my own support for living and work;
- To get the right information that I need to make a decision;
- To make decisions and be listened to with support that I choose;
- To get an education;
- To have access to sport, leisure and community life; and,
- To say where I live, who with and who I have relationships with.
What are some of your basic human rights? How might they not be protected in your life?
Protecting your rights
Sometimes people with disability may not have their rights upheld. Sometimes this is because the people around them may be more focused on safety than their wishes and goals. This can be a balancing act – how do we protect people with disability without patronising them or destroying their life options?
What is a good life for me?
What is a safe life for me? Does it mean I never take any risks? What are some things you may want to do that are risky? Is it likely that you are able to do these things? If not, what options can you explore?
What is a good life?
Consider the elements of what is a good life for you. For example, do you have: people who love and look out for you; have a proper say in what happens in your life, get to do things that bring you joy, people treat you well and with respect and do the same with others, get to try out new things and do things that other people appreciate and celebrate. Consider if these things create safety in your life?
Telling your story
It is sometimes necessary for people with disability to tell their story if they believe that their rights are not being considered or others can see that their safety is being compromised. There are many places you may choose to tell your story including government and advocacy organisations (resources are provided below).
NDIS and Advocacy
There are opportunities to access formal advocates if you believe your NDIS rights to choice and control are not being met (see here https://www.ndis.gov.au/ )
Protecting your rights doesn’t mean violating the rights of others
It is understandable to feel frustrated when you believe your rights and choices are not being adequately respected and/or embraced. However, expressing these emotions in a dysfunctional way will likely not help and may leave you, and possibly someone else, feeling upset. Remember that you have a right to feel frustrated and you have a right to be heard, but also consider the way in which you can safely communicate this.
What are some ways of expressing your needs effectively?
Key points to remember are:
- You CAN tell someone you trust if you feel/know things aren’t right.
- You CAN expect respect.
- It is AGAINST Australian & International laws for you to be abused, hurt or disrespected.
A peer support network is a great place for people with a disability to discuss their human rights, their right to life choices and ways in which they can build a good and safe life.
Useful links and resources
- Government organisations where stories can be told include: state Health and Community Services Complaints Commissioners, Equal Opportunity Commissioners, state Offices of the Public Advocate, Ombudsmen, state disability department Complaints, state commissioners for Victims Rights, Police Ombudsman and relevant state tribunals (such as the SA Civil & Administrative Tribunal).
- Advocacy organisations in the community may be able to assist you, including (in SA) Disability Rights Advocacy Service, Advocacy for Disability Access & Inclusion, Disability Advocacy and Complaints Service and ‘Central Community Legal Service for Disability Discrimination Act’ Complaints. There are other relevant bodies in each State.
- For self-advocacy, the Disability Advocacy Resource Unit (DARU) has information on disability advocacy at www.daru.org.au/what-is-advocacy including information on steps.
- Disability Advocacy Network Australia (DANA) offers information on self-advocacy and its importance in skill development at www.dana.org.au/
- National Disability Abuse and Neglect Hotline to report disability abuse and neglect: – PHONE (Toll Free) 1800 880 052, National Relay Service (NRS) 1800 555 677 then ask for 1800 880 052, Translating and Interpreting Service (TIS) 131 450.
Co-authored by Families4Families
The information on this page is also available as a downloadable Quick Guide, by clicking below. There are.pdf and word versions.