Human rights are the fundamental rights and freedoms that apply to all people, setting norms for standards of human behaviour.

Image by Da Antipina, Shutterstock, Shutterstock licence  

As Royal Commissions into aged care and disability services in Australia have shown, even these basic rights have not been met in many instances. The rights to personal freedom, to express their individuality and to be treated with respect have been even more abused and neglected.

Legislation and human rights frameworks that support empowerment are the result of this work. One of the biggest changes we have made to services is listening to the needs of people with lived experience of disability themselves. For example, the rights of people with disabilities in our community are outlined in the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

Rights-based approaches

The rights-based approach focuses on people being able to access and enjoy the same rights as other people in the community. It encourages not only supporting rights but also teaching and empowering people to understand and speak up where possible for their rights.

As a support worker, you are responsible for ensuring that service users' rights are placed at the centre of service provision, with a focus on accessibility, autonomy and equity.

Basic human rights include:

• the right to make choices about their own life 
• the right to access food, shelter, warmth and the company of others
• the right to a place in the community without discrimination.

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Regardless of whether a person receives support through aged care or disability services, they are entitled to the following human rights. Select each bar to expand and reveal further information.

Assisting people to understand their rights

Your service has a duty of care not just to help support the rights of clients, but to explain them in a way they can understand.

Standards and legislation require your managers to explain the person’s rights when they first commence using the service and at regular periods during their support. This is especially important at times when the person’s rights are at risk of being breached, such as a change in the type of supports they receive, or during a time of transition in their life.

Explanations of rights must be given:

• in writing and supported with a verbal explanation
• translated into their own language and using an interpreter if they speak a language other than English
• using Easy English or other simple formats if they have an intellectual disability or other cognitive disability
• with the person’s substitute decision maker present if the person has a cognitive disability.

 Read to learn more

Download and save a copy of the International agreement on the rights of disabled people for an easy read version of the United Nations Convention on the Rights of Persons with Disabilities.

When explaining rights, provide plenty of time and ask questions about the person’s understanding. Ask them to repeat back what they understand.

It is helpful to provide examples of what breaches of their rights might look like and how they should respond if they happen. You might say to someone with an intellectual disability who uses a wheelchair:

'You are always allowed into a shop or any other place in your wheelchair. If you are ever told that you can’t go in, you can tell the person that they are breaking the law. If you need help, you can call me.'

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