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Human Rights

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HUMAN RIGHTS

Social workers believe that man possesses basic human rights endowed on him by God
which are natural, inalienable and universal.

Human rights are rights inherent to all human beings, regardless of race, sex, nationality,
ethnicity, language, religion, or any other status. Human rights include the right to life and
liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work
and education, and many more. Everyone is entitled to these rights, without discrimination.

Human rights establish a set of well-defined and accessible principles and standards
for social work. They can form the basis of a comprehensive approach to social work practice
and increase universality of the profession by creating a clear standard of principles to guide
practice and theory.

GENERAL CHARACTERISTICS OF HUMAN RIGHTS

 Universality – refers to that fact that human rights apply to all human beings equally and
without discrimination on any grounds.
 Indivisibility – refers to that fact that all human rights have equal validity and
importance; are to be considered collectively; and cannot be divided.
 Inalienability - means that human rights belong to everyone; cannot be taken away from
anyone; and that no individual can renounce these rights by him/herself.

WHAT IS HUMAN RIGHTS BASED APPROACH?

A human rights based approach is about empowering people to know and claim their
rights and increasing the ability and accountability of individuals and institutions who are
responsible for respecting, protecting and fulfilling rights.

This means giving people greater opportunities to participate in shaping the decisions that
impact on their human rights. It also means increasing the ability of those with responsibility for
fulfilling rights to recognize and know how to respect those rights, and make sure they can be
held to account.

A human rights based approach is about ensuring that both the standards and the
principles of human rights are integrated into policymaking as well as the day to day running of
organizations.

There are some underlying principles which are of fundamental importance in applying a
human rights based approach in practice. These are:
 participation
 accountability
 non-discrimination and equality
 empowerment and
 legality.

These are known as the principles.

PARTICIPATION
Everyone has the right to participate in decisions which affect their human rights.
Participation must be active, free, and meaningful and give attention to issues of accessibility,
including access to information in a form and a language which can be understood.

What does this mean for us?


In relation to the care of older people this means that individuals should participate in all
decisions about the care and support they are receiving. This could range from participation in
the commissioning and procurement of social care services by local authorities to participating in
daily decisions about the care and support being received.

ACCOUNTABILITY
Accountability requires effective monitoring of human rights standards as well as
effective remedies for human rights breaches.
For accountability to be effective there must be appropriate laws, policies, institutions,
administrative procedures and mechanisms of redress in order to secure human rights.

What does this mean for us?


In the care sector in Scotland there are a range of bodies which promote accountability
for respecting, protecting and fulfilling human rights. In different ways these bodies all have a
responsibility to ensure that the standards of accountability for human rights are as high as
possible. These include the commissioners of care services, care provider organizations and
inspection and regulation bodies.

NON-DISCRIMINATION AND EQUALITY


A human rights based approach means that all forms of discrimination in the realization
of rights must be prohibited, prevented and eliminated. It also requires the prioritization of those
in the most marginalized situations who face the biggest barriers to realizing their rights.

What does this mean for us?


There are times when older people receiving care and support services can be amongst
some of the most vulnerable and marginalized people in our society - human rights based
approach means we must pay particular attention to the protection and realization of their rights.
Sometimes, because of their age, older people are discriminated against in access to services or
in opportunities to express their views. Older people also have different identities based on their
gender, ethnicity, religion and many other grounds. Each of these identities should be respected
when receiving care and support services.

EMPOWERMENT OF RIGHTS HOLDERS


Human rights based approach means that individuals and communities should know their
rights. It also means that they should be fully supported to participate in the development of
policy and practices which affect their lives and to claim rights where necessary.

What does this mean for us?


This means that everyone, including older people, should understand what their rights are
and how they can claim these rights. Achieving this may require the provision of appropriate
advocacy support.

LEGALITY OF RIGHTS
A human rights based approach requires the recognition of rights as legally enforceable
entitlements and is linked in to national and international human rights law.

What does this mean for us?


Care providers and all other accountable bodies must be sure that their practices and
procedures are grounded in human rights law. Under the law they must not breach the human
rights of anyone.

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