P I L C H Elder abuse from a human rights perspective

Transcription

1 P I L C H Elder abuse from a human rights perspective Lauren Adamson Manager/Principal Solicitor Seniors Rights Legal Clinic Public Interest Law Clearing House Lauren.Adamson@pilch.org.au (03) (

2 Overview 1. Introduction The Seniors Rights Legal Clinic What is elder abuse? Elder abuse as a human rights issue What are human rights? 2. Human Rights Law and Older Persons Overview of the Victorian Charter Obligations on governments and public authorities Key human rights relevant to older people Remedies 3. Delivery of Legal Services Within Human Rights Framework Responding to clients within a human rights framework

3 Objectives How a human rights approach can empower clients What avenues are available for clients to obtain redress when their rights have been infringed What you can do to ensure that you act compatibly with human rights in service delivery

4 Introduction SENIORS RIGHTS VICTORIA Launched 16 June 2008 Specialist CLC to address elder abuse Partnership between Council on the Ageing (COTA), PILCH, Eastern and Loddon Campaspe CLCs Seeks to empower older Victorians so they can take the steps to live in safety, with dignity and independence. Funding from Department of Planning and Community Development and VLA 3 years

5 Seniors Rights Victoria Service Components Telephone Information and Referral service Community education program Individual Advocacy Systemic Advocacy Law reform and strategic litigation Community Legal Service Pro bono outreach clinics (Seniors Rights Legal Clinic)

6 Aims of Seniors Rights Legal Clinic 1. Provide free legal services to older persons who are not otherwise able to access legal services, that has regard to their human rights and dignity; 2. Promote and protect human rights of older people; 3. Remove barriers to access to justice for older people; 4. Respond to and prevent elder abuse; 5. Develop expertise and leadership in areas of elder law and legal responses to elder abuse; 6. Engage in policy work and law reform.

7 Method of Service Delivery Services provided on a fortnightly basis by pro bono lawyers at four specialist older persons health services around suburban Melbourne Case work services provided by pro bono lawyers from five PILCH member firms, including Herbert Geer Development of other pro bono contributions, such as law reform

8 Client eligibility Self-identifying as Older person Not eligible for legal aid Limited means and assets or no ability to realise assets without jeopardising accommodation security, such that unable to access fee paying lawyer Matter not suitable for no-win-no-fee

9 Elder abuse Elder Abuse is: a single or repeated act or lack of appropriate action; occurring within any relationship where there is an expectation of trust; which causes harm or distress to an older person.

10 Categories of elder abuse Physical abuse Psychological abuse Financial or material abuse Sexual abuse Neglect

11 Extent of the problem Surveys indicated that up to 6% of older people in domestic and institutional settings are victims of elder abuse Probably under reported Number of global cases predicted to rise with the predicted doubling of those aged 60 and over by the year 2025.

12 Human Rights Issue Active Ageing, A Policy Framework World Health Organisation 2002 Elder abuse is a violation of Human Rights and a significant cause of injury, illness, loss of productivity, isolation and despair.

13 Consequence of adopting a human rights approach to elder abuse Empowerment of clients Achievement of social justice Best practice in service delivery

14 Thinking about rights What would you want if: Your partner was rejected for a job on the grounds of his or her ethnicity and accent? Your friend was arrested and charged for alleged criminal activity? Your parent was placed in a nursing home? (Courtesy Human Rights Law Resource Centre)

15 What are human rights? Human rights are those rights one needs to live a dignified life (a life worthy of a human being) Human rights are: derived from human dignity universal, core minimum standards common sense and common values essential in a democratic and inclusive society that respects the rule of law, human dignity, equality and freedom (Charter preamble) (Courtesy Human Rights Law Resource Centre)

16 Who has human rights? Me? You? Citizens? Non-citizens? Criminals? Minority groups? Companies? (Courtesy Human Rights Law Resource Centre)

17 Who has human rights? Human rights belong to all human beings by virtue of them being human (Courtesy Human Rights Law Resource Centre)

18 Human Rights in the Victorian Charter Freedom Respect Equality movement, assembly & association, forced work, expression, thought & religion, liberty & security, fair hearing life, protection of families and children, cultural rights, property non-discrimination, equal recognition, participation Dignity torture & cruel treatment, privacy & reputation, humane treatment in detention (Courtesy Human Rights Law Resource Centre)

19 Further information Seniors Rights Legal Clinic Public Interest Law Clearing House Level 17, 461 Bourke Street Melbourne VIC 3000 (03)