Your Easy Read guide to getting your Human Rights to Independent living

This leaflet should be used with the Easy Read Human Rights Toolkit. The toolkit gives you more information about Human Rights.

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Independent Living and the Human Rights Act

Some Articles of the Human Rights Act are often important to disabled people.

If disabled people know about them they can help them get their right to Independent Living.

Article 8 is nearly always important because it is about your right to have a family life

and respect for how you live your life at home

Other important articles are:

Article 3: You have the right not to be treated badly or punished in a cruel way.

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That means you should not be neglected or bullied or harassed.

Article 5: The right to liberty.

This might cover situations where people are detained or have locked doors in care homes.

Article 14: The right not to be discriminated against.

This article is important when you are treated less favourably because of your disability, race, gender, sexuality, etc.

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The UNCRPD and Independent Living

Here is a guide to some of the articles in the UNCRDP which can help you to get your right to independent living.

Advocacy

The following articles of the UNCRPD could help you to get advocacy support and have your voice heard.

Article 9: Accessibility.

Countries must make sure disabled people have better access to things in all areas of life.

This is important if you cannot get advocacy support to tell people what you want or what you need

Article 19: Living independently and being part of the Community

Countries must make sure disabled people have the same choices as everyone else about how they live.

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Disabled People must be supported to be part of their communities.

This Article is important if people are told they cannot get the services and support they need to live independently.

Article 21: Saying what you want and access to information.

Countries must make sure disabled people can get information and say what they want.

This is important if you do not information about what support you can get or how to get it.

Article 29: Being involved in politics5

Disabled people have the right to take part in politics.

This is important if you are not able to vote,

or you are not able to join a political party because of disability discrimination.

The UNCRPD and Housing

Here are some of the Articles of the UNCRPD which can help you to get your right to housing and living in the community.

This is intended as a helpful guide not an overall list.

Article 9: Accessibility.

Countries must make sure disabled people have better access to things in all areas of life.

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This is important if your housing is not accessible and makes it hard for you to live independently.

Article 19: Living independently and being part of the Community

Countries must make sure disabled people have the same choices as everyone else about how they live.

Countries must make sure that Disabled People are supported to be part of their communities.

This is important if you are not able to use services like libraries in the area that you live.

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Article 20: Getting about

Countries must make sure disabled people can get about as much as possible.

This is important if you cannot access transport, equipment

or support to live independently.

Article 23: Respect for the home and the family.

Countries must make sure that disabled people like everyone else have the right to a family life.

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This is important if you are told you cannot get married

or told that you cannot have a relationship

or told you cannot start a family

or you do not get the support you need to have a family

Article 27: Work

Disabled people have the right to work.

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This might be important if you cannot get the support you need to get a job

Article 28: Standard of living.

Disabled people and their families have an equal right to a good standard of living.

This is important if you are poor

This is important if you are hungry because you cannot afford enough to eat

This is important if you cannot afford to buy clothes

This is important if you are homeless

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or if you cannot get clean water.

The UNCRPD and Communication

Here are some of the Articles of the UNCRPD which can help you get advocacy support and have your voice heard.

Article 9: Accessibility.

Countries must make sure disabled people have better access to things in all areas of life.

This can be important if you are cannot get what you need because the information is too hard to understand

Article 19: Living independently and being part of the Community

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Countries must make sure disabled people have the same choices that everyone else has.

This is important if disabled people do not have the support they need to make choices.

Article 21: Saying what you want and access to information.

Countries must make sure disabled people can find information and say what they want.

This is important if information is not in a form

that disabled people can read

or if they do not have the right support to be able to tell people what they want.

Article 27: Work

Disabled people have the right to work.

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This might be important if you cannot understand the information you need to help you get a job

This is important if you cannot understand the information you need to stay in a job

Article 29: Being involved in politics

Disabled people have the right to take part in politics.

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This is important if you are unable to vote or

You cannot join a political party because of discrimination.

The UNCRPD and Transport

Here are some of the Articles of the UNCRPD which are important to make sure you can access transport.

Article 9: Accessibility.

Countries must make sure disabled people have better access to things in all areas of life.

This is important if you go where you want to go.

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Article 19: Living independently and being part of the Community

Countries must make sure disabled people have the same choices as everyone else about how they live.

Disabled People must be supported to be part of their communities.

This is important if you cannot take a job because you cannot get to work.

Article 20: Getting about

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Countries must make sure disabled people can get about as much as possible.

This includes personal support you might need, such as to understand bus timetables.

Or if you need physical equipment, for example, a walking frame.

It is important if a lack of transport, support or equipment stops you doing the things you need to do to live independently.

like going to the shops.

How to use your Human Rights:

Taking Action:

To show you how to use the Human Rights Toolkit we will use a Case Study example.

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This Case Study is a made-up situation that allows you to discuss which rights are important to make sure people get their rights to independent living.

Michael lives in a care home.

He has a condition called emphysema which means he gets breathless.

Michael’s daughter Lisa is a retired nurse.

Michael requires support to go to the toilet.

His daughter wishes to be present when Michael goes to the toilet.

She wants to make sure the care home staff are doing a good job.

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Michael doesn’t want his daughter to be there when he uses the toilet.

The staff ask Michael’s daughter to leave and let them take Michael to the toilet.

Michael’s daughter refuses to leave even though her father is upset.

She says she has the right to stay and make sure he is being looked after properly.

1. How to develop your case.

We use a system called F.A.I.R.

This stands for

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F = Facts

A = Analysis

I = Identification

R = Review

F = Facts:

What are the important facts to understand?

What is the experience of the person?

Is the person being heard?

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Do they need support to be heard?

Once you have discussed what the facts are write these down.

A = Analysis:

Now using your Human Rights Toolkit, look at the list of rights covered by the Human Rights Act.

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Which of Michael’s Human Rights need to be protected here?

Again you should discuss this

and it will help to make a list.

Now look at the United Nations Convention on the Rights of Disabled People

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Which of Michael’s rights need protecting here?

Again you should discuss this

and it will help to make a list.

Are any of the rights on your two lists absolute rights?

Remember that absolute rights are rights that everyone has in every situation and at all times.

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I = Identification:

In order to protect Michael’s rights, what changes are necessary?

Who will make these changes?

Again it will help to make a list of what has to happen

and who can make sure it happens

and when it should happen?

R = Review:

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When will you meet again to see what action has been taken?

Has Michael’s situation changed?

Are Michael’s rights still being denied?

F.A.I.R. Analysis of Michael’s case:

F is for Fact:

Michael has emphysema and is breathless.

He does not appear to want his daughter Lisa to be present when he is being supported to go to the toilet.

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A is for Analysis:

Michael’s right to privacy under Article 8 of the Human Rights Act is at stake here.

Though this right can be restricted if the restriction would be ‘proportionate’.

The justification for the restriction is that Lisa wants to be involved in her father’s care.

I is for identification:

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The care workers have a responsibility to explain to Lisa that it is her father’s wishes and that he has a right to have privacy for his personal care needs.

Lisa has a responsibility to take account of her father’s right to privacy.

R is for Review:

Has Michael participated in decisions about his care?

Have Michael’s rights been explained to Lisa?

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Are staff aware of the privacy rights of Michael?

Have the actions taken and Michael’s preferences been recorded?

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