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National Human Rights Consultation:
A Great Chance to be Heard
Lee Ann Basser, La Trobe UniversityJulie Phillips, Disability Discrimination Legal ServicePaul Ramcharan, RMIT UniversityBen Schokman, Human Rights Law Resource Centre
Outline
1. Human Rights and People with Disability
2. What is the National Consultation?
3. How to write a submission
4. Encouraging and helping others to make
submissions
5. Resources and Contacts – Helping you to write
a submission
Human rights and people with disability
What human rights are most relevant to people
with disability?
In what situations or circumstances are human
rights relevant?
How do public authorities have to comply with
human rights?
An example…
An example:
Narrative – “But my son is toilet trained and he kept coming home from school with bags with soiled laundry. And I said why – he’s toilet trained, why is this – isn’t he just allowed to go to the toilet? I learned that the school locks it’s toilets at recess and lunch time so the pupils can’t access the toilets. And they said – Oh no, it’s not possible to unlock a toilet. Your son has to ask – go up and ask a staff member for the toilet. And I said well he has a social and communication disability – he can’t go up and ask for the toilet, just let him go. That’s what we do at home. And they refused to allow him to use the toilet… after I’d done that – nonetheless my son still kept coming home with soiled laundry. And I said but the toilets are unlocked aren’t they? Yes they’re unlocked, they’re unlocked, that’s OK… And they were making him carry a card around his neck to go up to the teacher, which he couldn’t do. So they – I thought how – after all that we’d been through you’re so determined that he just won’t be allowed to go to the toilet. And that really scared me… people will get even with you by doing something nasty to your child. And that made me quite scared and, um. He was – I felt that my boy was being punished for soiling his pants because he went through a stage where he started to eat his stools. And when I went up to school and said look this is what’s happening, this is – I’m horrified and we’ve been to the psychologist…it didn’t reflect well on them that my boy had been so traumatised that rather than let someone see that was something in his pants, he would try to make it go away by eating it. And that just – I – that just – I’d lie in bed at night and just cry and cry over that. That just made me ill.”
Issues? Resolution? Implications?
The National Consultation
An independent Committee has been asked to collect views
about human rights from all over Australia
Written submissions
Community meetings
Submissions to the Consultation are due by 15 June 2009
The Committee will report to Government by 31 August 2009
Three Questions:
1. Which human rights (and responsibilities) are
important?
2. Are these human rights protected enough now?
3. How could Australia better protect and talk more about
human rights?
A Great Chance to be Heard
1. Disability organisations know the problems people
with disabilities have
2. Australia does not have many
laws to protect human rights
3. Human rights improve public services and can be
used to help people with disability get what they need
4. The government does not often ask us what we think
about human rights – so we should let them know!
What can we do?
You are the experts!
Every submission counts, no matter how large or small
You and your organisation can (or should!):
1. Write a submission for your organisation
2. Help others to write a submission
Also an important opportunity for
community education
What should be in a federalHuman Rights Act?
Parliament has to think about how new laws impact on
human rights
Government departments and services must obey human
rights obligations
Courts can interpret laws to be consistent with human rights
ALL rights should be protected – civil, political, economic,
social and cultural
Individuals can go to court when their rights have been
breached
Myths about a Human Rights Act(things that are not true)
Many people will start suing organisations
Judges will make decisions on human rights
We already have enough rights
There will be too much red tape
Will be used by terrorists
We don’t need it
It won’t do anything
Positive things about a new human rights law
If people think more about human rights, we will have an
improved public service delivery and outcomes
It can help make our laws, policies and
practices fairer
The language and ideas of human rights can
be used to get positive changes and improve the
lives of people with disability
Protecting basic human rights recognises that all people
are equal and valued
Writing your submission
Some questions to think about:
What expertise and experience do we have?
What can our organisation add?
What resources do we have?
Writing your submission
Some options:
Write a letter supporting the HRLRC’s submission
Copy and change someone else’s submission to suit
your organisation
Write your own submission – can be large or small
(even 1 page will do!)
Writing your submission
What should we include?
Write about areas and rights that you know the most
about
Tell stories about the experiences of your organisation:
Good news stories – where human rights were helped
‘Unfair’ outcomes - where better
human rights protection might
have been useful
Do we have any technical expertise
that would help the Committee?
Discussion in small groups
1. What stories or experiences do you have about
human rights:
Success stories where human rights have helped?
Any examples of ‘unfair’ treatment where you think
that better human rights protection (eg laws) might
have been useful?
2. What sort of submission might your organisation
be able to make?
Writing your submission
A narrative approach:
Tell the stories from your own experiences in which
rights are an issue
Relate the key rights and issues involved
Describe why the legislation worked or did not work
Implications – provide recommendations on how
things could change for the better
Encouraging and helping others
Disability organisations are in a good position to help
people to tell their personal experiences
Think about whether your organisation could:
1. Run workshops with clients/people with disabilities
2. Go to the Consultation Committee’s meetings – or
encourage people you know to do so
3. Give out resources, such as fact sheets, draft
submissions, etc
1. Run workshops or events
Some ideas:
Small workshops or ‘focus groups’
Look at your organisation’s
calendar of events
Set up a stall at community events / festivals
Survey – give surveys to clients/people you know
Choose one person from your organisation
who can help others who need information
Think in a different way about
how to get people involved!
2. Consultation Committee’s meetings
In Victoria, the Committee will be visiting:
Dandenong Melbourne Mildura Wodonga Geelong Bendigo
Locations and dates available at
www.humanrightsconsultation.gov.au
3. Give out Resources
HRLRC’s ‘Submission Kit’
One-page summary of the Consultation
Fact sheets on people with disability
Fact sheets about different rights
Draft submissions
More detailed resources
HRLRC’s “Engaging in the Debate” publication
Australian Human Rights Commission’s toolkit
Discussion in small groups
What sort of ideas are you starting to
develop about how your organisation
could assist other organisations and
individuals to make submissions?
Further Resources
National Human Rights Consultation website:
www.humanrightsconsultation.gov.au
Human Rights Law Resource Centre: www.hrlrc.org.au
Get Up: www.getup.org.au/campaign/rights/407
Amnesty: www.amnesty.org.au/yourhumanrights/
Australian Human Rights Group:
www.humanrightsact.com.au/ahrg/
Contacts
Human Rights Law Resource Centre
Ben Schokman ph: (03) 8636 4451
Disability Discrimination Legal Service
Julie Phillips ph: (03) 9654 8644