WHAT ARE MY RIGHTS?
What are human rights?
Every person is entitled to certain fundamental rights just by being human. This is regardless of your background, beliefs, sexual orientation, lifestyle, job, disability, where you live and/or what you look like. They are called “rights” because they refer to the things you are allowed to do, be or have. They offer protection from harm, and help people to live in peace universally.
“Disregard of the needs and rights of people who cannot talk is extraordinarily pervasive. Late last year we had a phone call from an official…in regard to one of our adult clients, for whom we were trying to obtain access to communication. She said that it was too much to expect the staff in the client’s…residential unit to use a Yes/No card to ask her questions, such as ‘Would you like a drink?’.” p6 Anne McDonald Centre Feb 2014 Submission to Cth Govt Senate Community Affairs Reference Committee
The approach we take in our advocacy and specialist information services is always underpinned by an understanding of human rights and a knowledge of the laws that enshrine and protect these rights. We welcome you to call us for individual advice, however if you would like to peruse through some of the relevant rights yourself, we have included some of the key ones below. We have grouped them by topic, however please note there is overlap between topics and some rights are applicable across numerous issues. We have not included the full text of each provision, instead we have provided a summary only.
Disclaimer: The following is by no means an exhaustive list of the relevant laws, standards, policies or guidelines relevant to human rights or disability rights. The information provided here is for general purposes only and does not replace professional or legal advice. For a confidential discussion about human rights based information, please reach out to us here. Please note Communication Rights Australia provides advocacy and specialist information, we do not provide legal advice.
Safety and wellbeing
Your rights related to abuse, neglect, safety and guardianship.
LEAVE BLANK
United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
Article 15 – freedom from torture or cruel, inhumane or degrading treatment or punishment.
Article 16 – freedom from exploitation, violence and abuse including gender-based aspects.
Article 17 – right to respect, and protection of, physical and mental integrity.
Article 19 – right to independent living, community inclusion, access to residential and community support services.
Article 23 – right to family, parenthood, marriage, personal relations, guardianship, adoption.
Disability Discrimination Act (DDA 1992 (Cth))
Section 42 – prohibition of victimisation.
National Disability Insurance Scheme Act 2013 (Cth)
Section 4(6) – right to respect for worth and dignity, freedom from abuse, exploitation and neglect.
Section 4(14) – right to assistance to access supports outside the NDIS.
Victorian Charter of Human Rights and Responsibilities (VCHR) Act 2006 (VIC)
Section 10 – protection from being treated in cruel or degrading way.
Section 21 – right to liberty and security.
Section 22 – right to be treated humanely when deprived of liberty.
LEAVE BLANK
Disability Act 2006 (Vic)
Section 58 – right to be treated with dignity and respect.
Disability Act 2006 (Vic)
Section 58 – right to be treated with dignity and respect.
National Standards for Disability Services 2013
Standard 1:1 – service providers must treat individuals with dignity and respect.
Standard 1:4 – service providers must support strategies that are based on minimal restrictive options.
Standard 1:5 – prevention of discrimination, exploitation, abuse, harm, violence and neglect.
Standard 4:1 – right to provide feedback, complain, or seek resolution of disputes without fearing consequences.
Independence, participation and inclusion
Your rights related to communication methods and devices, independent living, culture and religion, community inclusion and access, day programs and access to family and friends.
LEAVE BLANK
United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
Article 21 – freedom of expression and opinion and access to information (including freedom to seek, receive and impart information and ideas) through all forms of communication of your choice = (accepting and facilitating AAC, sign, braille, and other accessible means, modes and formats).
Article 9 – right to equal access to physical environment, transport, to information and communications, facilities and services open to the public.
Article 19 – rights to independent living, community inclusion, access to residential and community support services.
Article 20 – right to access to mobility aids.
Article 23 – rights to family, parenthood, marriage, personal relations, guardianship, adoption.
Article 26 – right to habilitation and rehabilitation to maximise independence.
Article 30 – right to participate in cultural life.
Article 30 – right to develop and utilise creative potential.
Disability Discrimination Act (DDA 1992 (Cth))
Section 4(6) – right to live free from neglect.
Section 23 – prohibition of discrimination based on disability for access to premises used by the public.
Section 24 – right to access goods, services and facilities.
Section 39 – prohibition of harassment in relation to disability.
National Disability Insurance Scheme Act 2013 (Cth)
Section 4(2) – right to participate in and contribute to social life.
Section 4(9) – right to support in dealings and communication with the Agency (NDIA).
Section 4(4) – right to exercise choice in goals, planning, delivery of supports.
Section 4(8) – right to exercise choice and control in decisions affecting one’s life.
Section 4(9) – right for communications with the NDIA to be appropriate to cultural needs.
Section 4(11)(a) – right to support in pursuing goals and maximising independence.
Section 4(11)(b) – right to support to live independently in the community.
Section 4(11)(c) – right to access activities enabling community participation.
Section 4(12) – right to involvement of family, carers and significant people.
LEAVE BLANK
Victorian Charter of Human Rights and Responsibilites Act 2006 (Vic)
Section 10 – protection from being treated in cruel or degrading way.
Section 12 – freedom of movement.
Section 13(a) – right not to have privacy, family, home or correspondence unlawfully or arbitrarily interfered with.
Section 14 – freedom of thought, conscience, religion and belief.
Section 15 – right to receive and share information and ideas.
Section 15 – freedom of expression.
Section 17 – protection of families and children.
Section 19 – right to declare/practice/enjoy religion and culture and to use own language.
Section 21 – right to liberty and security.
Section 31(a) – protection from interference with privacy, family, home, correspondence.
Disability Act 2006 (Vic)
Section 5(2) – right to participate actively in decisions that affect their lives.
Section 5(3)(h) – recognition of role of families.
National Standards for Disability Services 2013
Standard 1:2 – promotion of valued role of own choosing.
Standard 1:2 – recognition and promotion of individual freedom of expression.
Standard 1:3 – support of active decision making and individual choice.
Standard 1:4 – provision of support based on minimally restrictive options.
Standard 1:8 – service recognises families, friends, carers and advocates in safeguarding and upholding rights.
Standard 2:2 – support individuals to connect family, friends and chosen communities.
Standard 2:3 – support individual preferences for work, learning, social activity, and community connection.
Standard 2:4 – support community connection, inclusion and participation.
Privacy
Your rights in relation to privacy and confidentiality.
LEAVE BLANK
United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
Article 15 – freedom from degrading treatment.
Article 17 – protection of physical and mental integrity.
Article 22 – right to privacy and to the privacy of your information.
Disability Discrimination Act (DDA 1992 (Cth))
Section 30 – right to the privacy of your information.
National Disability Insurance Scheme Act 2013 (Cth)
Section 4(10) – right to respect for privacy and dignity.
Sections 60-66 – right to have your information held by NDIA protected.
LEAVE BLANK
Victorian Charter of Human Rights and Responsibilites Act 2006 (Vic)
Section 13 – right not to have privacy, family, home, or correspondence unlawfully or arbitrarily interfered with or reputation unlawfully attacked.
National Standards for Disability Services 2013
Standard 1:9 – right to confidentiality of personal information.
NDIS and funding
Your rights around the NDIS, including pre-planning, support coordination, plan management, reviews, appeals and funding for disability related needs.
LEAVE BLANK
United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
Article 28 – right to adequate standard of living.
National Disability Insurance Scheme Act 2013 (Cth)
Section 4 – right to receive reasonable and necessary supports.
Section 15(2) – right to be provided with timely and accurate information about decisions.
Section 24 – requirements for eligibility as participant.
Section 25 – requirements for early intervention.
Section 33(4) – right to decision regarding supports as soon as reasonably practicable & with regard to information and reports.
Section 38 – right to receive copy of plan within 7 days of plan coming into effect.
Section 100 – right to seek internal review of NDIA decision.
Section 103 – right to seek external review of NDIA decision.
LEAVE BLANK
Victorian Charter of Human Rights and Responsibilites Act 2006 (Vic)
Section 10 – protection from being treated in degrading way.
Section 21 – reasonable steps must be taken to ensure physical safety.
Mainstream services
Your rights related to accessing mainstream services including accommodation, health and medical care, justice, education, employment, finances, telecommunications and transport.
LEAVE BLANK
United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
Article 5 – right to equality and non-discrimination.
Article 9 – right to equal access to information and communications, facilities and services open to the public.
Article 10 – right to life.
Article 12 – right to own property, control financial affairs.
Article 13 – right to effective access to justice on an equal basis with others.
Article 16 – freedom from abuse.
Article 17 – protection of physical and mental integrity.
Article 19 – right independent living, community inclusion, and access to residential and community support services.
Article 20 – right to access mobility aids.
Article 21 – freedom of expression and opinion and access to information, including freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of your choice.
Article 24 – right to education without discrimination and on the basis of equal opportunity.
Article 25 – right to health services.
Article 26 – right to habilitation and rehabilitation to maximise independence.
Article 27 – right to work on an equal basis with others.
Article 28 – right to adequate standard of living.
Disability Discrimination Act (DDA 1992 (Cth))
Section 15 – protection from discrimination on the basis of disability in employment.
Section 22 – protection from discrimination on the basis of disability in education.
Section 23 – protection from discrimination on the basis of disability in relation to access to premises used by the public.
Section 24 – protection from discrimination on the basis of disability when providing goods or services or making facilities available.
Section 25 – protection from discrimination on the basis of disability in relation to accommodation.
Section 29 – protection from discrimination on the basis of disability in the administration of Commonwealth government laws and programs.
Section 32 – education providers must comply with DSE 2005 (make reasonable adjustments).
Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic)
Section 8 – recognition and equality before the law.
Section 9 – right to life.
Section 10 – choice to have medicine or therapy.
Section 10 – protection from being treated in cruel or degrading way.
Section 12 – freedom of movement.
Section 13 – protection from interference with privacy, home, family.
Section 15 – right to receive and share information and ideas; freedom of expression and to hold an opinion without interference.
Section 21 – requirement for reasonable steps to be taken to ensure physical safety.
Section 24 – right to fair hearing.
Section 25 – right to be presumed innocent until proven guilty, and right to have guarantees in criminal proceedings without discrimination.
LEAVE BLANK
Disability Act 2006 (Vic)
Section 58 – residents to be treated with dignity and respect.
National Standards for Disability Services 2013
Standard 1:2 – recognition and promotion of individual freedom of expression.
Standard 2:1 – promotion of valued role of own choosing.
Standard 3:2 – participation in planning, provision & review.
Standard 3:4 – service planning & delivery to be responsive to diversity.
Standard 5:1 – service access is fair, equal and transparent.
Standard 5:5 – service monitors and addresses barriers to access.
Standard 6:1 – staff, management and governing bodies must be qualified, skilled and supported.
Standard 6:2 – service practice to be based on evidence and minimally restrictive options.
Standard 6:6 – service must support individual goals and outcomes.
Standard 6:7 – service must use person-centred approaches.
Disability Standards for Education 2005
Standard 3.4 – reasonable adjustments must be made for student.
Standard 4.2 – enrolment and admission standards.
Standard 5.2 – participation standards.
Standard 6.2 – curriculum development, accreditation, & delivery.
Standard 7.2 – support services for student.