1. VCOSS Forum: Homelessness and human rights in Victoria HRBA: Achieving organisational change Tuesday 16 th November 2010

2. 2 Overview -Charter obligations -From human rights obligations to culture -The human rights based approach -Sites for practical consideration -Useful resources Acknowledgment: Victorian Equal Opportunity and Human Rights Commission

3. 3 Victorian Charter obligations Section 7: Limitations on rights must be reasonable, necessary, justified and proportionate Section 32: Other laws must be interpreted compatibly with rights Section 38: Obligation on public authorities to properly consider human rights and act compatibly

4. 4 Meeting Charter obligations Check compatibility ASK: Reasonable, Necessary, Justified, Proportionate? USING: Human Rights Impact Assessment -What is the objective being sought? -Which human rights are impacted/limited -What interests are being balanced? Is there a pressing need? -How important is it to limit rights to achieve the objective? -Are there other practical solutions or less restrictive options? Demonstrate proper consideration -Legal -Administrative -Economic -Moral -Social -Ethical

5. 5 Meeting obligations v good practice Checking compatibility and giving proper consideration will ensure minimum obligations are met Developing a culture of rights within a human rights based approach will meet obligations and create new opportunities

6. 6 HRBA: benefits -Meeting contractual and legal obligations -Contribution to continuous improvement, good practice, accreditation, innovation -Improved policies, procedures, service delivery -Makes complex decisions easier -Enhanced risk assessment and management -Higher staff productivity, retention and morale -Better client engagement and outcomes -Arguments for additional funding streams?

7. 7 Human rights based approach: PANEL Consider both what we do and how we do it (process and outcome), in order to build a stronger culture of rights: Participation: people are key actors not passive recipients, with maximum independence, choice and control Accountability: proactive, practical, transparent, assigned, monitored, reported Non-discrimination and attention to vulnerable groups: equal access or treatment does not deliver equal outcome Empowerment: capacity building to understand and access rights, and understand and meet obligations Linkage to human rights standards: explicitly links and assesses activity against protected Charter and other rights Ultimately, the HRBA aims to shift alleviation of disadvantage from benevolent welfare to something rightfully claimed

8. 8 Rights based approach versus… Charity approachNeeds approachRights approach -Focus on input not outcome-Focus on input and outcome-Focus on process and outcome -Emphasises increasing charity-Emphasises meeting needs-Emphasises realising rights -Recognises moral responsibility of rich towards poor -Recognises needs as valid claims-Recognises individual and group rights as claims toward legal and moral duty-bearers -Individuals are seen as victims-Individuals are objects of development interventions -Individuals and groups are empowered to claim their rights -Individuals deserve assistance -Individuals are entitled to assistance -Focuses on manifestation of problems -Focuses on immediate causes of problems -Focuses on structural causes and their manifestations

9. 9 HRBA: key sites for consideration -Organisational vision, goals, strategic planning -Policy review, development and implementation -Service delivery & complaint handling -Communications & training -Measuring impact: monitoring and evaluation -Reporting and accountability -Partnerships and contracts -Client engagement and participation

10. 10 Useful resources VCOSS: Using the Charter in policy and practice CHP: Consumer participation resource kit OOH: Consumer charter VEOHRC: Principle to practice, implementing HRBA VLGA: Human rights toolkit DPCD: Aboriginal inclusion framework and matrix International BIHR: human rights changing lives SCIE: practice guides (dignity, participation, etc)

11. Prepared by: Jason Rostant Manager Community Engagement, Planning & Development jasonr@wrhc.com.au 9680 1132 Tuesday 16 th November 2010