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VCOSS Forum: Homelessness and human rights in Victoria

VCOSS Forum: Homelessness and human rights in Victoria. HRBA: Achieving organisational change. Tuesday 16 th November 2010. Overview. Charter obligations From human rights obligations to culture The human rights based approach Sites for practical consideration Useful resources

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VCOSS Forum: Homelessness and human rights in Victoria

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

  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. 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. 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. 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. 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. 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. Rights based approach versus…

  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. 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 RostantManager Community Engagement, Planning & Development jasonr@wrhc.com.au 9680 1132 Tuesday 16th November 2010

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