Eden Parris
Advocacy Coordinator
Communication Rights Australia
Communication Rights Australia
 Formerly CAUS
 Advocacy and information for people with little or no
speech
 Statistics: 730,000 Victorians who have a communication
disability
 Communication Disability often listed secondary
Purpose of Session
 There 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
WHY
and 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.
2.
3.
4.
5.
6.
7.
Phone calls/emails
Letters
Meetings
Complaint
Tribunals, Disability Services Commissioner
Media
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 RIGHTS
 What 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 rights
 Note: 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 documents
1. United Nations Convention on the Rights of
2.
3.
4.
5.
6.
7.
8.
9.
Persons with Disabilities
Victorian Charter of Human Rights and
Responsibilities
UN Convention on the Rights of the Child
Universal Declaration of Human Rights
Disability Act
State Disability Plan
Disability Standards (DHS)
Disability Discrimination Act
Disability Standards for Education
Examples of Rights include:
 Freedom of expression
 Freedom of movement
 Access to Justice
 Right to be free from exploitation or abuse
 Right to family
 Right to adequate standard of living
 Right to Education
 Right to Privacy
 Right to be included in the community
 Right to Health
1. Framing your case
Example
 Greg Jones is aged 62, in nursing home, muscular
dystrophy, barely getting outside.
 Wants to get a motor scooter to visit shops and river
 Opposition from family, nursing home, no case
manager
 Concerns 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 Charter
 At 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 advocacy
1. 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 firm
 Mentioning 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 meetings
 Have relevant human rights legislation and sections
printed out and highlighted for your reference
 Introduce the topic – people may not be aware
 Read the section out
 REFRAME 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 Letters
 Key area to incorporate human rights
 Once again – moral force, power of trump card
 Trumps what? Resources argument (give eg), outdated
practices
 Remember:
 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 LETTER
 1. To Whom
 2. 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 facts
 5. Excerpts from Human Rights legislation
 6. Finish by stating what you want done
 7. Request a response within X days
Note on length: Use appendices if necessary
Complaints Mechanisms
 Disability Services Commissioner
 Tribunals (AHRC, VEOHRC, Health Services
Commissioner, VCAT)
 Ombudsman
 Court
Continue to use specific human rights sections.
Will get varying levels of interest depending on forum
Using specific human rights strengthen your argument
Minister, Media
Continue to use specific human rights sections.
Will strengthen your argument
Questions?
Links
UNCRPD http://www.un.org/disabilities/index.asp
Victorian Charter ACT: www.opi.vic.gov.au/file.php?251
Summary with sections
http://www.humanrightscommission.vic.gov.au
and click ‘Charter Rights’
Communication Rights Australia email:
info@caus.com.au