Eden ParrisAdvocacy Coordinator

Communication Rights Australia

Communication Rights AustraliaFormerly CAUSAdvocacy and information for people with

little or no speechStatistics: 730,000 Victorians who have a

communication disabilityCommunication Disability often listed

secondary

Purpose of SessionThere 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?

We are going to explore the

WHYand the

HOW

WHY use human rights legislation?1. To achieve a just OUTCOME

Advocacy often operates in the grey area between persuasion and compulsion.

Advocacy often follows a series of ‘escalating’ steps:

1. Phone calls/emails2. Letters3. Meetings4. Complaint 5. Tribunals, Disability Services Commissioner6. Media7. Minister

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

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.

HOW? – the ‘nuts and bolts’ 1. FRAME YOUR ADVOCACY CASE IN TERMS

OF HUMAN RIGHTSWhat 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 rightsNote: 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)

Actual documents1. United Nations Convention on the Rights of

Persons with Disabilities2. Victorian Charter of Human Rights and

Responsibilities3. UN Convention on the Rights of the Child4. Universal Declaration of Human Rights5. Disability Act6. State Disability Plan7. Disability Standards (DHS)8. Disability Discrimination Act9. Disability Standards for Education

Examples of Rights include:Freedom of expressionFreedom of movementAccess to JusticeRight to be free from exploitation or abuseRight to familyRight to adequate standard of livingRight to EducationRight to PrivacyRight to be included in the communityRight to Health

1. Framing your caseExampleGreg Jones is aged 62, in nursing home,

muscular dystrophy, barely getting outside. Wants to get a motor scooter to visit shops

and riverOpposition from family, nursing home, no

case managerConcerns about finances and safety‘we know what’s best for him’

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

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 CharterAt Communication Rights Australia we have broken them down into Word Documents for Easy Access on our system

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.

Christine’s AAC Device

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

Commence your advocacy1. 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.”

Emails and phonecalls (cont.)Polite but firmMentioning 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

Attending meetingsHave relevant human rights legislation and sections

printed out and highlighted for your referenceIntroduce the topic – people may not be awareRead the section outREFRAME 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

Writing LettersKey area to incorporate human rightsOnce again – moral force, power of trump cardTrumps what? Resources argument (give eg),

outdated practicesRemember:

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.

COMPONENTS OF LETTER1. To Whom2. 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 facts5. Excerpts from Human Rights legislation6. Finish by stating what you want done7. Request a response within X days

Note on length: Use appendices if necessary

Complaints MechanismsDisability Services CommissionerTribunals (AHRC, VEOHRC, Health Services

Commissioner, VCAT)OmbudsmanCourt

Continue to use specific human rights sections. Will get varying levels of interest depending on

forumUsing specific human rights strengthen your

argument

Minister, MediaContinue to use specific human rights sections. Will strengthen your argument

Questions?

LinksUNCRPD http://www.un.org/disabilities/index.asp

Victorian Charter ACT: www.opi.vic.gov.au/file.php?251Summary with sections

http://www.humanrightscommission.vic.gov.au and click ‘Charter Rights’

Communication Rights Australia email: info@caus.com.au