How to use your Human Rights:
Taking Action:
To show you how to use the Human Rights Toolkit we will use a Case Study example.
This Case Study is a made-up situation that allows you to discuss which rights are important to make sure people get their rights to independent living.
Michael lives in a care home.
He has a condition called emphysema which means he gets breathless.
Michael’s daughter Lisa is a retired nurse.
Michael requires support to go to the toilet.
His daughter wishes to be present when Michael goes to the toilet.
She wants to make sure the care home staff are doing a good job.
Michael doesn’t want his daughter to be there when he uses the toilet.
The staff ask Michael’s daughter to leave and let them take Michael to the toilet.
Michael’s daughter refuses to leave even though her father is upset.
She says she has the rightto stay and make sure he is being looked after properly.
- How to develop your case.
We use a system called F.A.I.R.
This stands for
F = Facts
A = Analysis
I = Identification
R = Review
F = Facts:
What are the important facts to understand?
What is the experience of the person?
Is the person being heard?
Do they need support to be heard?
Once you have discussed what the facts are write these down.
A = Analysis:
Now using your Human Rights Toolkit, look at the list of rights covered by the Human Rights Act.
Which of Michael’s Human Rights need to be protected here?
Again you should discuss this
and it will help to make a list.
Now look at the United Nations Convention on the Rights of Disabled People
Which of Michael’s rights need protecting here?
Again you should discuss this
and it will help to make a list.
Are any of the rights on your two lists absolute rights?
Remember that absolute rights are rights that everyone has in every situation and at all times.
I = Identification:
In order to protect Michael’s rights, what changes are necessary?
Who will make these changes?
Again it will help to make a list of what has to happen
and who can make sure it happens
and when it should happen?
R = Review:
When will you meet again to see what action has been taken?
Has Michael’s situation changed?
Are Michael’s rights still being denied?
F.A.I.R. Analysis of Michael’s case:
F is for Fact:
Michael has emphysema and is breathless.
He does not appear to want his daughter Lisa to be present when he is being supported to go to the toilet.
A is for Analysis:
Michael’s right to privacy under Article 8 of the Human Rights Act is at stake here.
Though this right can be restricted if the restriction would be ‘proportionate’.
The justification for the restriction is that Lisa wants to be involved in her father’s care.
I is for identification:
The care workers have a responsibility to explain to Lisa that it is her father’s wishes and that he has a right to have privacy for his personal care needs.
Lisa has a responsibility to take account of her father’s right to privacy.
R is for Review:
Has Michael participated in decisions about his care?
Have Michael’s rights been explained to Lisa?
Are staff aware of the privacy rights of Michael?
Have the actions taken and Michael’s preferences been recorded?
Things you can do
The Human Rights Act
It is important to know what your rights are in the Human Rights Act.
But going to court with a legal case…
can take a long time
and can cost a lot of money.
Before you do that, there are lots of other things you can do using human rights.
Educate: Talk to the person or people who is not respecting your human rights.
Explain about human rights and what they should do to respect them.
They may not realise what they are doing or how it is affecting you.
You may have to explain how they could treat you better.
Complain: If that doesn’t work, make a formal complaint.
All public bodies should have rules about how you can complain.
You could ask for help, if you need it, to write a letter.
If your complaint is about your care or
Support, in Scotland you can complain to the Care Inspectorate.
For more information, go to:
Advocacy:You might get advocacy support to make your case.
Campaign: If the problem affects a lot of people, you could work with disabled people’s organisations to campaign for change.
If all else fails:
Specialist Legal Advice:
If you want to take a legal case it is important to get good legal advice.
For example, you could ask the Equality Advisory and Support Service:
UK courts:
There are different courts in the UK and you can take your case to one of these.
The different courts could include:
The Sheriff Court
an employment tribunal
the supreme court.
European Court of Human Rights:
You can apply to have your case heard at the European Court of Human Rights.
But only when you have been through all the UK courts.
The UNCRPD
Using the UNCRPD you could also:
Take a special complaint to the United Nations Disability Committee.
There are special rules about how you can do this:
You need to show you have tried to get the problem fixed in the UK
By using the other examples listed above.
Help to monitor the UNCRPD:
In Scotland, the Equality and Human Rights Commission
And the Scottish Human Rights Commission
collect evidence about how well the UK is following the Convention.
In 2014-15, Inclusion Scotland have been holding events for disabled people around Scotland
And we did a survey.
We wanted to find out what disabled in Scotland people thought about how the UK was doing
We will put the information in a report that we will send to the United Nations.
So look out for Inclusion Scotland events –
a chance to share your views about your rights.
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