Since coming into operation in 2006, the Victorian Human Rights Charter has impacted positively on many lives and has led to the development of training programs and is creating a shift in attitude. A shift where human rights are considered by service providers, clients and society overall.

As the cases below highlight, utilising human rights legislation does not need to involve complex, lengthy or costly court cases. In fact, none of these cases went to court at all. Having human rights protection and knowing one's rights and responsibilities means that referring to the legislation and reminding organisations or individuals of their obligations is often enough.

Child with autism gains entitlement to disability assistance

The Victorian Department of Human Services ('DHS') did not consider Asperger Syndrome and other Autism Spectrum Disorders as a 'disability'. This meant that a 13 year old boy with Asperger Syndrome was not able to receive disability support services. The child's mother applied to Victorian Civial and Admninistrative Tribunal for a review of the DHS decision and called for an inclusive interpretation of the term 'disability', in light of the rights contained in the Victorian Charter.

Before the application proceeded to hearing, the Victorian Government issued a media release advising that it had decided to acknowledge Autism Spectrum Disorders (including Asperger Syndrome) as 'disability' under the Act and thereby entitle Victorians with autism to disability assistance. The Government committed to back this announcement by $2.75 million in additional funding.

Which human rights are in action here? The right to privacy, protection of families and children and equality before the law.

Source: HRLRC Bulletin, December 2008.

Appropriate living arrangements for young people with brain injuries

Two young people with acquired brain injuries had reached the end of their 2 year contractual stay at a Victorian rehabilitation centre. The centre was operating as part of a public hospital. The only alternative care facilities available were aged care facilities, and these would not have been able to provide the social environment, or support services (such as speech therapy), needed for the young people to continue their recovery.

A disability advocate raised the Charter with the rehabilitation centre, which agreed not to move the young people until it had considered its obligations under the Charter.

Which human rights are in action here? Equality before the law, protection from torture and cruel, inhuman and degrading treatment, and the right to privacy.

Source: HRLRC Bulletin, December 2008.

Service provider considers the rights of a difficult client

A Victorian welfare organisation experienced problems with a client who had been violent and threatening towards staff. The initial response of the organisation was to exclude the client from the premises and the services provided.

A direct care worker objected to the exclusion of the client, maintaining that whilst staff had a right to be safe at work, the client's rights should also be considered. The care worker negotiated with management to allow the client to access some services and instituted a method for monitoring the client's behaviour to prevent safety risks to staff.

Which human rights are in action here? Equality before the law; the principle of proportionality, dignity.

Source: Victorian Council of Social Service, Using the Charter in Policy and Practice, (July 2008).

Pregnant single mother avoids eviction into homelessness

A pregnant single mother with two children was living in community housing. She was given an eviction notice, which didn't provide any reasons for the eviction, or allow her to address the landlord's concerns. The Victorian Charter was used to negotiate with her landlord to prevent an eviction into homelessness, and reach an alternative agreement.

Which human rights are in action here? Right to privacy, protection of families and children.

Source: HRLRC Bulletin, June 2008.

Primary school redevelopment

When planning major works, a medium-sized primary school in Victoria used human rights principles the re-design and development of the school buildings. Input was sought from all relevant stakeholders, including students, parents and teachers.

Three different response forms were distributed to match the literacy levels of all students. In addition, the needs of people with disabilities were given special consideration and a local Indigenous co-operative was consulted.

The Principal of the school has reported that: "[a] simple walk through of the new building gives the message that this is your school, your community and you own the space equally with all others who use it, it generates excitement, ownership and buy-in from all." The Principal also noted that the process had a positive effect on the students and broader school community through the development of strong relationships and positive, supportive community cultures.

Which human rights are in action here? Right to education; children's rights; the rights of people with disabilities, principle of meaningful participation.

Read more about the Victorian Human Rights Charter and the ACT Human Rights Act.