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HUMAN RIGHTS

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					                         HUMAN RIGHTS
"It is totally unacceptable for anyone with a learning disability
 to be treated in a way that compromises their human rights.“
 Ivan Lewis

                      “My body’s nobody’s body but mine.
                       You run your own body, let me run mine.” Peter Alsop, USA

“The problem is not how to wipe out the differences,
 but how to unite with the differences intact.” Rabindranath Tagore, Bengali poet



                      “These nurses were… doing things for me around the clock.
                       I didn’t have to make any decisions for myself….
                       When they all finally left,
                       that’s when I realized that I could have a life,
                       despite what everyone was saying.
                       I could make choices, and that is freedom.” Ed Roberts, USA


                     "Never doubt that a small group of thoughtful,
    committed citizens can change the world; indeed, it's the only thing that ever has."
                                    -Margaret Mead
                       House of Lords
                     House of Commons
                     Joint Committee on
                        Human Rights
A Life Like Any Other? Human Rights of Adults with Learning
                         Disabilities
             Seventh Report of Session 2007–08



      “We are disappointed that, at the start of the 21st century,
        almost ten years after the introduction of the Human Rights
        Act, and over a year since the introduction of the Disability
        Equality Duty, [the] evidence received convinces us that we
        need to emphasise that adults with learning disabilities have
        the same human rights as everyone else; and that they are
        entitled to freedom, respect, equality, dignity and autonomy
        in their everyday lives.” (Paragraph 44)
“We expect the Government to give the
  recommendations and conclusions of our Report
  serious consideration during preparation of the
  final version of Valuing People Now and in
  setting its priorities for action for the next
  three years. We consider that Valuing People
  Now presents a valuable opportunity for the
  Department of Health to take a positive
  approach towards the promotion of the
  understanding and protection of the human
  rights of adults with learning disabilities.

We recommend that, when redrafted after
  consultation, Valuing People Now should
  explicitly promote a “human rights based
  approach” to public authorities‟ duties under the
  Human Rights Act; and should provide practical
  guidance for public authorities on the effective
  implementation of those duties.” (Paragraph 40)
Convention for the Protection of Human Rights and
             Fundamental Freedoms
                      -ECHR
                 Rome, 4.XI.1950




   Article 2 ECHR - The right to life
   Article 3 ECHR - Prohibition of torture
   Article 4 ECHR - Prohibition of slavery and forced labour
   Article 5 ECHR - Right to liberty and security
   Article 6 ECHR - The right to a fair trial
   Article 7 ECHR - No punishment without legislation
   Article 8 ECHR - The right to respect for private and family life
   Article 9 ECHR - Freedom of thought, conscience and religion
   Article 10 ECHR- Freedom of expression
   Article 11 ECHR - Freedom of assembly and association
   Article 12 ECHR - Freedom to marry
   Article 13 ECHR - The right to an effective remedy
   Article 14 ECHR - Prohibition of discrimination
Myths about Human Rights

     • Human Rights = civil rights.
     • Human Rights are only concerned
       with violations.
     • Only lawyers can understand the
       significance of Human Rights.
     • Human Rights are only individual,
       legal rights.
Human Rights abuses mainly occur in poor, developing, foreign countries.
                      EXAMPLES?

ARTICLE 8
Everyone has the right to respect for his private and family life, his
home and his correspondence.
           UN Convention on the
 Rights of Persons with Disabilities (CRPD)
What specific rights are covered in the Convention?

The right   to self-determination
The right   to education
The right   to vote and participate in public life
The right   to live in the community and participate in cultural life
The right   to work, and to an adequate standard of living
The right   to privacy
The right   to habilitation and rehabilitation
The right   to health care
The right   to receive information in accessible formats
The right   to marry and divorce, and to share equally in child custody
The right   to procreate, and the right to obtain contraception
The right   to sign contracts, and own and inherit property
The right   to accessible public transit and public accommodations
Rehabilitate Disabled Persons   Rehabilitate Society
Charity, Medical treatment      Rights

Adjustment to the norm          Acceptance of differences

Exclusion                       Inclusion, participation, citizenship

Little consultation             ‘Nothing about us without us’




             The CRPD – heralding a new era
                     Shift in focus
PERSON     DAD    STUDENT       CITIZEN

             PERSONALLY



    WHAT CAN I DO?

           PROFESSIONALLY
ADVOCATE    MANAGER     FORUM     TRAINER
   SAFEGUARDING BOARD
ECHR Article 5: Right to liberty
        and security
   1.   Everyone has the right to liberty and security of person.
        No one shall be deprived of his liberty save in the following
        cases and in accordance with a procedure prescribed by law
   2.   Everyone who is arrested shall be informed promptly, in a
        language which he understands, of the reasons for his
        arrest and of any charge against him.
   3.   Everyone arrested or detained in accordance with the
        provisions of paragraph 1.c of this article shall be brought
        promptly before a judge or other officer authourised by
        law to exercise judicial power and shall be entitled to trial
        within a reasonable time or to release pending trial. Release
        may be conditioned by guarantees to appear for trial.
   4.   Everyone who is deprived of his liberty by arrest or
        detention shall be entitled to take proceedings by which
        the lawfulness of his detention shall be decided speedily by
        a court and his release ordered if the detention is not
        lawful.
   5.   Everyone who has been the victim of arrest or detention in
        contravention of the provisions of this article shall have an
        enforceable right to compensation.
1. Raise awareness of „Deprivation of
   Liberty Safeguards‟



2. Examine Practice of my Organisation

3. Train as a DOLS advocate (IMCA)
The Mental Capacity Act 2005

   1. Underpinned by several Human Rights
      Convention Articles

   2. Like Human Rights instruments, it is
      universal

   3. We can all have an impact
The five core principles
(Code of Practice, Chapter 2)

     1.   A person must be assumed to have capacity unless it is
          established that they lack capacity.

     2.   A person is not to be treated as unable to make a
          decision unless all practicable (do-able) steps to help
          them to do so have been taken without success.

     3.   A person is not to be treated as unable to make a
          decision merely because they make an unwise decision.

     4.   An act done, or decision made, under this Act for or on
          behalf of a person who lacks capacity must be done, or
          made, in their best interests.

     5.   Before the act is done, or the decision is made, regard
          must be had to whether the purpose for which it is
          needed can be as effectively achieved in a way that is
          less restrictive of the person‟s rights and freedom of
          action.
Hierarchy of decision-making




        Autonomous
       decision-making


         Supported
       decision-making


  Substitute decision-making
How many autonomous decisions will you make when you
go home tonight?


 How does that compare to the number made by
 someone you support/deliver a service to?

				
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