Section 4.3          Where do rights come from?

There are a number of significant factors that influence the established rights of clients in the CSI - some rights are common to all people and some are specific to clients in care or as service recipients.

4.3.1   International charters

The Universal Declaration of Human Rights discussed earlier is the best example of an internationally agreed position on human rights.  When a country ratifies (accepts) a UN Convention, it agrees to take on the responsibilities of meeting the standards set down in that Convention.  The Convention is an important piece of international legislation that has formed our national and state legislation.  If you think of a tree, the state legislation is a branch but the international Convention is the main root.

4.3.2   Legislation or laws

These are rules and regulations that are passed in State or Federal Parliament.  An Act of Parliament clearly defines what is legal and illegal, and you can be punished by law for not abiding by legislation.

A good example is the NSW Disability Services Act 1993.  This Act ensures that people with disabilities are treated with respect and receive an individualised service which is appropriate to their needs.  They have a right to live in and be part of the community, make decisions that affect their lives, realise their individual capacities for physical, social, emotional and intellectual development, take risks and receive protection from exploitation and discrimination.

Another example is the Human Rights and equal opportunity Commission Act 1986 that declares that people with disabilities have the right to:

• respect and dignity;
• assistance to become as self-reliant as possible;
• education, training and work; and
• family and social life.

4.3.3   Standards

Standards, as discussed in Learning Topic One, are guidelines developed to ensure consistency of practice in human and community service organisations.  They may be related to legislation such as the NSW Disability Standards being related to the NSW Disability Services Act.

Standards can also be developed without legislation.  For example, the NSW Department of Community Services has standards for the Supported Accommodation Assistance Programme (non-government services working with homeless people) but no legislation.  These standards focus on guidelines about allowing clients the right to complain and be treated with respect.

These standards can be accessed on the NSW Department of Community Services (DoCS) website at www.community.nsw.gov.au .

4.3.4   Policies and procedures

As discussed in Learning Topic Two, these are the guidelines that operate in the workplace and they often reflect legislation.  For example, CSI agencies should have written policy and procedures about how staff ensure client rights to confidentiality are maintained.  This might include guidelines about what information can be shared and with whom, a process for seeking client approval to share information and appropriate information storage systems.

4.3.5   Codes of conduct

As discussed in Learning Topic Three, each professional discipline or its professional association, eg. social work, psychology, nursing or welfare work, has its own particular code of ethics.  All members are required to abide by their own professional code of ethics and sanctions may be applied by the professional body for breaches of these codes.  ethical codes are usually broad in the CSI but the concept of client rights, such as the right to confidentiality, underlies many of the ethical principles.