Positive Behaviour Support - Department of Human Services - Vic ...

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14 Positive behaviour support: Getting it right from the start - Facilitators reference manual Victorian Charter of Human Rights and Responsibilities 2006 The charter is enforceable with respect to Victorian laws and public institutions. It prohibits any person, any entity or public authority from limiting or destroying the human rights of the person. The following human rights are enshrined in the Victorian Charter of Human Rights and Responsibilities 2006: Freedom • Freedom of movement, assembly, expression and association. • Rights to liberty and security including due process and protections in the context of individual contact with the legal system (fair trial, ‘double jeopardy’ and prohibitions on retrospective criminal laws). • Freedom of thought, conscience, religion and belief. • Property rights. Respect • Right to life. • Protection of families. • Protection of children. • Cultural rights. Equality • Equal recognition before the law. • Entitlement to enjoy rights without discrimination. • Equality before the law and protection from discrimination. • Entitlement to participate in public life (including voting). Dignity • Prohibition on torture and cruel, inhuman or degrading treatment. • Prohibition on forced work. • Protection of privacy and reputation. • Humane treatment when deprived of liberty. • Appropriate treatment of children in the criminal process.
PowerPoint 23 PowerPoint 24 * * Positive behaviour support: Getting it right from the start - Facilitators reference manual 15 In applying the Victorian Charter of Human Rights and Responsibilities 2006 with respect to people who show behaviours of concern we have a responsibility to ask ourselves the following questions when considering whether to subject the person to restrictive interventions. • Which right is to be limited? Is the right very important in international law? (e.g. freedom from torture) • Is the purpose for wanting to limit the human rights very important to society? • What sort of limitation is being imposed? How could it infringe human rights? • Is the limitation likely to achieve the purpose? Is the limitation excessive or out of proportion to its purpose? • Are there any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve? For more information refer to the Human Rights Commission website www.humanrightscommission.vic.gov.au Applying the Victorian Charter of Human Rights and Responsibilities 2006 to the following case studies Please consider: 1. Which right is being limited? 2. Is the purpose for wanting to limit the human rights very important to society? 3. What sort of limitation is being imposed: How could it infringe human rights? 4. Is the limitation likely to achieve the purpose? Is the limitation excessive or out of proportion to its purpose? 5. Are there any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve? 6. How can we adjust our work practices? 7. What impact will the adjusted work practices have on the lives of the people I support? Scenario one John is a young man with autism who speaks occasionally in short phrases. He lives with three other men in shared supported accommodation, two of the men are dependent on activities of daily living. John requires a moderate level of supervision in most activities of daily living (e.g. how to prepare a meal). He is subject to chemical restraint, Respiradone, for his autism. There is a pattern of unauthorised leave described by staff as ‘absconding’. At times he ‘disappears’ overnight and is usually found by the police. However when he returns there is no evidence of injury and he appears safe. He has absconded many times before and has returned safely.
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