Human Rights

Rights

What is a “right”?

• “a right is the legal or moral entitlement to do or refrain from doing something, or to obtain or refrain from obtaining a thing or recognition from civil society. Rights serve as rules of interaction between people, and, as such, they place constraints and obligations upon the actions of individuals or groups (for example, if one has a right to life, others cannot have the liberty to kill)”. http://en.wikipedia.org

/wiki/Rights accessed 18/8/08

“Rights for too many people remain little more than words on paper… We are all custodians of human rights and must find

our way to do what is required.” Mary Robinson High Commissioner for Human Rights

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Rights Exercise

• In a “new world” what rights would you want to see upheld?

History of the UN Declaration of Human

Rights

• When the United Nations was established in 1945 it was committed to Universal human rights not just rights for specific groups or minorities. Countries which became members agreed to: “…reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small.” (UN Charter, 1945)

How the declaration of human rights is applied in Australia

• As a result a Universal Declaration of Human Rights was adopted on the 10th December 1948.

“Although not a legally binding treaty, the Declaration establishes an internationally recognized set of standards applicable to all persons without qualifications. Its uniqueness lies in the fact that it represents a world wide charter of rights, proclaiming as it does universal and fundamental freedom, which transcend national religious, cultural and ideological factors. In this respect, it remains the most fundamental expression of human rights standards”. (Dept. of Foreign Affairs and Trade, 1993)

Principles Behind the United Nations Declaration of Human rights

• Responsibility• Equality• Security• Justice• Tolerance• Identity• Freedom• Solidarity• Peace

Categories of Rights

1. Civil and Political Rights: these are liberty orientated and include the rights to: life, liberty and security for the individual, freedom from torture and slavery, political participation, freedom of opinion, expression, thought, conscience and religion, freedom of association and assembly. (Healy, 2000)

Categories of Rights

2. Economic and social rights:

These are security orientated rights, for example rights to work, education, a reasonable standard of living, food, shelter and healthcare.

(Healy, 2000)

Categories of Rights

3. Environmental, cultural and developmental rights:

These included the rights to live in an environment that is clean and protected from destruction, and rights to cultural, political and economic development.

Categories of Rights

4. Client and Patient rights

These include the previous rights but particularly those that are in danger due to the vulnerable position recipients of health and nursing care are.

Rights and Responsibilities

• When we say that each person has rights, we are also saying that each person has responsibilities to respect the human rights of others.

• Most statements of rights are followed by a statement of responsibilities and we will see this when we look at the Aged Care Act.

Patients Rights• Three main rights

1. The right to decide whether or not to undergo medical treatment, after receiving a reasonable explanation of what the treatment involves and the risks associated with the treatment

2. The right to be treated with reasonable care and skill by a health care provider

3. The right to confidentiality of information about medical conditions and treatments.

Legislative Rights• There are various Commonwealth and State Acts that provide specific Rights for

individuals within the community Services Industry.

• The Family Law Act 1975• The Freedom of Information Act 1982• The Home and Community cAre Act 1985• The Disability Services Act 1986• The Aged Care Act 1997• The Veteran’s entitlement Act 1986• The Privacy Act 1988• The Disability Discrimination Act 1992• The Residential Tenancies Act 1995• The Equal opportunity Commission Act 1986• The Workers Compensation Act 1986