Lesson 7
Individuals Rights and Choices
Important Definitions
WHAT IS A RIGHT?
RIGHT: The ability to act, or not act, in a certain way or to compel someone to do or not do a particular thing that is protected by law. Rights come from many sources including: the U.S. Constitution, state constitutions, legislation, court decisions, contracts, regulations, rules etc.
Right
The ability to act, or not act, in a certain way or to compel someone to do or not to do a particular thing that is protected by law. Rights come from many sources including: the U.S. Constitution, state constitutions, legislation, court decisions, contracts, regulations, rules etc
Law
A rule of conduct or action or a binding custom or practice of a community that is prescribed and recognized as binding by a controlling authority (e.g., police, judges) - and is enforceable.
Legislation
The exercise of making laws that can be enforced because they were promulgated or enacted by an official body of power within a country, state, or other entity (e.g., city council, state legislature, Congress).
Civil Right
The rights of personal liberty for people who are citizens of the United States. These rights are guaranteed in the US Constitution, by congressional acts and by state constitutions
Human Right
Rights that belong to all people. Examples are freedom from unlawful imprisonment, torture, and execution
Rights come from many sources
· U.S. Constitution's Bill of Rights (first ten amendments)
· State constitutions
· United Nation's Declarations of Rights
· Federal, State, and Local (city or county) Legislation
· Court decisions
· Contracts
Rights come from many sources
U.S. Constitution Bill of Rights
· U.S. Constitution's Bill of Rights first ten amendments are typically what U.S. citizens call the "Bill of Rights."
· ALL people have these rights as citizens of the United States.
Rights come from many sources
Declarations of rights by the United Nations:
· Declaration on the rights of mentally retarded persons
· Declaration on rights of disabled persons
· Standard Rules for Equalization of Opportunity for Persons with Disabilities
Rights come from many sources
The United Nations Declaration on the Rights of Mentally Retarded Persons
United Nations /A/RES/26/2856 /
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General Assembly
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Distr: General
20 December 1971
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Twenty-sixth session
Agenda item 12
Resolutions adopted by the General Assembly
2856 (XXVI). Declaration on the Rights of Mentally Retarded Persons /
/ The General Assembly,
Mindful of the pledge of the States Members of the United Nations under the Charter to take joint and separate action in co-operation with the Organization to promote higher standards of living, full employment and conditions of economic and social progress and development,
Reaffirming faith in human rights and fundamental freedoms and in the principles of peace, of the dignity and worth of the human person and of social justice proclaimed in the Charter,
Recalling the principles of the Universal Declaration of Human Rights, the International Covenants on Human Rights, the Declaration of the Rights of the Child and the standards already set for social progress in the constitutions, conventions, recommendations and resolutions of the international Labour Organisation, the United Nations Educational, Scientific and Cultural Organization, the World Health Organization, the United Nations Children's Fund and other organizations concerned,
Emphasizing that the Declaration on Social Progress and Development has proclaimed the necessity of protecting the rights and assuring the welfare and rehabilitation of the physically and mentally disadvantaged,
Bearing in mind the necessity of assisting mentally retarded persons to develop their abilities in various fields of activities and of promoting their integration as far as possible in normal life,
Aware that certain countries, at their present stage of development, can devote only limited efforts to this end,
Proclaims this Declaration on the Rights of Mentally Retarded Persons and calls for national and international action to ensure that it will be used as a common basis and frame of reference for the protection of these rights:
1.The mentally retarded person has, to the maximum degree of feasibility, the same rights as other human beings.
2.The mentally retarded person has a right to proper medical care and physical therapy and to such education, training, rehabilitation and guidance as will enable him to develop his ability and maximum potential.
3.The mentally retarded person has a right to economic security and to a decent standard of living. He has a right to perform productive work or to engage in any other meaningful occupation to the fullest possible extent of his capabilities.
4.Whenever possible, the mentally retarded person should live with his own family or with foster parents and participate in different forms of community life. The family with which he lives should receive assistance. If care in an institution becomes necessary, it should be provided in surroundings and other circumstances as close as possible to those of normal life.
5.The mentally retarded person has a right to a- qualified guardian when this is required to protect his personal well-being and interests.
6.The mentally retarded person has a right to protection from exploitation, abuse and degrading treatment. If prosecuted for any offence, he shall have a right to due process of law with full recognition being given to his degree of mental responsibility.
7.Whenever mentally retarded persons are unable, because of the severity of their handicap, to exercise all their rights in a meaningful way or it should become necessary to restrict or deny some or all of these rights, the procedure used for that restriction or denial of rights must contain proper legal safeguards against every form of abuse. This procedure must be based on an evaluation of the social capability of the mentally retarded person by qualified experts and must be subject to periodic review and to the right of appeal to higher authorities.
20 December 1971
Rights come from many sources
THE DECLARATION OF RIGHTS FOR DISABLED PERSONS
Rights come from many sources
The United Nations Standard Rules for Equalization of Opportunity for Persons with Disabilities.
Commonly Identified Rights
Some important considerations about rights:
· Rights vary from state to state.
· Rights may vary depending on the county or region of a state where services are provided.
· Rights are often found in state licensing regulations and agency policy.
· Though differences absolutely exist, there are a set of commonly identified rights for people with disabilities.
· It is essential that YOU find out the specific rights that people with disabilities have in the state, local community and employment situation in which you work.
· Children also have these rights. However, the exercise of their rights is affected by their status as children and, due to its complexity, is not covered in this lesson.
Commonly Identified Rights
COMMON RIGHTS THAT ARE POSTED IN AGENCIES AND BY EMPLOYERS WHERE INDIVIDUALS WITH DISABILITIES RECEIVE SUPPORT
· Information concerning rights
· Information concerning changes in status or treatment
· Exercise of individual rights
· Management of personal finances
· Freedom from abuse
· Freedom from restraints
· Personal privacy
· Payment for work
· Freedom of association
· Use of the telephone/Private communication
· Freedom of participation
· Personal possessions
· Marriage and Personal Relationships
· Alternative living arrangments
· Practice of religion
NOTE: This is not meant to be a comprehensive list of all rights, only as representative of the common rights for people with disabilities who receive support services.
Commonly Identified Rights-Rights Information
People have a right to be informed of their rights. They also have a right to know about the actions the agency (or employer) will take to ensure that their rights are protected.
Ashley is informed of her rights.
Commonly Identified Rights-Rights Information
People have a right to be informed of their rights and the relevant responsibilities, rules, policies, and regulations of the services they receive by the agency.
When a person is unable to understand written communication, it is important to provide information about rights in a way they can understand. Here are some alternative ways to communicate rights:
· Read the Bill of Rights to the person
· Use pictures or other visual aids
· Use the communication system that works best for the person (e.g., sign language, gestures, communication devices)
· Complete role plays and physical demonstration of rights
Commonly Identified Rights - Information on status and change
People have a right to be informed of their health status, developmental, and behavioral status along with the treatment or programs related to that specific status. This includes the right to be informed of any risks involved with this treatment.
Commonly Identified Rights - Exercise individual rights
People have a right to exercise their rights free from interference, coercion, discrimination or reprisal from a person who provides support or from agency policy.
Commonly Identified Rights - Freedom from maltreatment
The right to be free from:
· abuse
· neglect
· maltreatment
· exploitation
Commonly Identified Rights - Personal privacy
Enjoying some alone time.
People have a right to personal privacy, including during personal care, and confidentiality of information concerning them.
This means people have a right to privacy when bathing, dressing, using the rest room, taking medications or receiving treatments etc... It also means people have a right to have their records and information about them remain confidential.
Commonly Identified Rights - Payment for work
People must be paid for work.
People have a right to freely choose whether to perform services for the agency, organization, or any person connected with the agency or organization. And, they have the right to be compensated at prevailing wages for any services provided.
This right does not include completing house chores which are a normal part of community living such as making one's bed, cooking, doing laundry and cleaning. It means that people who receive services should not be asked to do work such as making photocopies of a staff manual, cleaning company vehicles, delivering mail or cleaning an office area, without being paid for the work they complete.
Commonly Identified Rights - Freedom of association
Hanging out with friends.
People have a right to associate, communicate, and meet privately with individuals of their choice.
· friends
· family
· church
· club
Commonly Identified Rights - Use of telephone /Private communication
Bill calls his aunt in Nebraska.
The right to have access to the telephone with privacy for conversations. They also have the right to send and receive e-mail in private, receive and open mail in private and, as applicable, participate in video conferencing in private.
Commonly Identified Rights - Freedom of participation
The right to be a part of a community.
The right to freely choose to participate in social, religious and community activities.
Commonly Identified Rights - Freedom of participation
Ellie loves to collect things.
The right to have personal possessions.
Commonly Identified Rights- Marriage and personal relationships
Katie and Charles' big day.
People have a right to marry and/or have committed relationships and to have an appropriate living situation.
[Note: When considering this right, it is important to note that being married means that two people enter into the contract of marriage. When thinking about people with developmental disabilities, it is important to consider the person's mental capacity and their ability to enter into a contract.]
Commonly Identified Rights- Alternative Living
"John's work is very important."
A person has a right to live and work in a place of their choice.
Commonly Identified Rights- Freedom from restraints
People have a right to be free from restraints and unnecessary use of behavior control medications.
Restraint
Any method for restricting a person's movement or behavior. For more information see medical restraints, mechanical restraints, and physical restraints.
Restraints that are used and should be considered restrictive include but are not limited to:
· Physical restraint - one person holding or restricting the movement of another person
· Chemical restraint - the use of drugs to change or manage behavior
· Mechanical restraint - the use of a device to change or modify behavior (e.g. cuffs, wheelchair tray, alarm, helmet)
[NOTE: The College of Direct Support course on Positive Behavior Support includes a great deal of information on this topic]
A person has a right to live and work in a place of their choice.
Commonly Identified Rights- Practice Religion
People have a right to practice the religion of their choice.
Lesson Review
Overview of Individual Rights
· A right is the ability to do or not to do something or the ability to compel another to do or not to do something protected by law.
· Rights come from many places including legislation, laws, contracts, court decisions, regulations and others.
· The U.S. Constitution's Bill of Rights identifies many rights that citizens of the United States have.
· The United Nations has identified many rights for people with disabilities.
· Many pieces of federal legislation in the United States lay out protections of rights for people with disabilities, including the American with Disabilities Act, the Fair Housing Act, the Air Carrier Access Act, the Voting Accessibility for the Elderly and Handicapped Act, the National Voter Registration Act, the Civil Rights of Institutionalized Persons Act, the Individuals with Disabilities Act (IDEA), the Rehabilitation Act, and the Architectural Barriers Act.
Lesson Review
Overview of Individual Rights
COMMON RIGHTS THAT ARE POSTED IN AGENCIES AND BY EMPLOYERS WHERE INDIVIDUALS WITH DISABILITIES RECEIVE SUPPORT