Michelle O’Flynn Emma Phillips Queensland Advocacy Incorporated THE HUMAN RIGHTS PERSPECTIVE why all people should enjoy an ordinary and inclusive life Michelle O’Flynn Emma Phillips Queensland Advocacy Incorporated

The origins of the right to an ordinary, inclusive life

About human rights… Human rights are: Inherent in all human beings (irrespective of their sex, ability, location, language, religion, ethnic origin or any other status) Egalitarian (they are the same for everyone) Universal (applicable everywhere and any time)

Recognition of important human rights overlapS Respect for the home and the family: Article 23 of the Convention on the Rights of Persons with Disabilities Article 23 of the International Covenant on Civil and Political Rights Article 10.1 of the International Covenant on Economic, Social and Cultural Rights Articles 5, 8 and 21 of the Convention on the Rights of the Child. The right to equality and non-discriminatory treatment: Article 5 of the Convention on the Rights of Persons with Disabilities Article 2.2 and 3 of the International Covenant on Economic Social and Cultural Rights Article 2 of the Convention on the Rights of the Child Article 2 of the Convention on the Elimination of All Forms of Discrimination Against Women.

The right to bodily integrity This is one of the most fundamental human rights Bodily integrity = the inviolability of the physical body This human right highlights: the importance of personal autonomy the self-determination of human beings over their own bodies Any violation of bodily integrity is unethical, intrusive, and possibly criminal Examples of violations of bodily integrity of people with disability: Restrictive Practices Involuntary treatment Chemical castration/sterilisation

The right to freely form relationships The right to home and family is a fundamental human right recognised by many of the human rights treaties Aims to protect the right of all people to autonomy and choice in their personal relationships This human right is inherent, egalitarian and universal

Our obligations Australia’s obligations as signatory to international human rights treaties and conventions Current disconnect between the rights people with disability have on paper and their lived experiences In recent years Australia has increasingly distanced ourselves from our previous leadership and reputable reputation in the human rights arena. This now leaves Australia open to judgement and lack of credibility when casting aspersions on the human rights breaches of other countries – nowhere is this more striking then in our treatment of vulnerable people, including people with disability