Human Rights
All adults have a right to make their own decisions and are assumed to have decision-making ability to do so under common law. A person has decision-making ability when they can understand, retain and weigh information relevant to the decision and communicate their decisions by some means. Everyone has the right to play an active role in making decisions that affect them, and to receive the support they need to do so.
Human Rights
Human Rights are the basic rights to freedoms that belong to every person in the world. They are outlined in the Universal Declaration of Human Rights, which was proclaimed by the United Nations General Assembly in 1948.
These rights apply to everyone, including people living with disability and mental illness. People with disability may face barriers in exercising these rights.
The United Nations' Convention on the Rights of Persons with Disabilities (CRPD) focuses on removing these barriers. Australia is a signatory to this convention and is bound by its rules.
The Universal Declaration of Human Rights says you have the right to:
- dignity
- fairness
- equality
- respect
- independence
The CRPD says you have the right to:
- choose where you live, and who you live with
- receive the support you need to be included in the community
- have equal access to community services and facilities that are available to the public
- have equal recognition before the law
- receive the support you need to make your own decisions
A person's decision-making ability is not static and may fluctuate depending on the complexity of the decision, the person's physical and emotional wellbeing at the time, or the support available to make the decision.
The Office of the Public Guardian protects your human rights by:
- treating you with respect and dignity
- listening to you
- acting honestly, diligently and in good faith
- Communicating with you in a way that you will best be able to understand
- supporting you to make your own decisions, wherever possible
- Encourage and support you to develop your decision-making ability where possible
- helping you have the greatest role possible when making a decision that affects you
- Advocate and protect you from violence, neglect abuse and exploitation
You can learn more about human rights and the CRPD by clicking on this link to visit the United Nations' website: Convention on the Rights of Persons with Disabilities (CRPD) | United Nations Enable