What do Personal Outcome Measures say about Rights? CQL Quality Measures 2005.
Personal Outcome Measures • People exercise Rights. • People are treated Fairly.
People exercise rights. Values • People with disabilities have the same rights as everyone. • The exercise of rights is a function of personal choice. People may decide not to exercise certain rights, such as voting or free speech, at certain times. • The exercise of all rights is not limited when a person has a guardian.
People exercise rights. Principles for Organisations. • Assist the person to fully exercise rights and make choices. • Provide training and supports to help people recognise and understand personal freedoms and the rights of others.
Questions for the person: • What do you know about your rights as a citizen? • Do you have access to info about your rights? Citizen? Employee? Person receiving services? • What rights are most important to you? • Are you able to exercise your rights without difficulty? • Who do you talk to about questions/concerns re: rights? • What supports / info do you need to help you exercise your rights?
People exercise rights. Outcome: • What rights does the person exercise? • Are there any rights that are not exercised? • If due to personal choice or if the limitations/restrictions are approved with due process, the outcome is present.
People exercise rights. Individualised Support questions: • Are person’s preferences and desires about the exercise of rights solicited by the organisation? • Have the rights that are important to the person been identified or are there efforts being made to learn about the person’s preferences?
People are treated fairly. Values: • The right to be heard, to be informed and to give consent. • People with disabilities have the right to be treated the same as anyone else.
People are treated fairly. Principles for organisations: • Provide people with access to a fair and impartial hearing of grievances and an independent review of limitations to personal freedoms. • Provide people with training and support so that limitations are reversed or removed. • Review and change policy and practices that limit or restrict people.
People are treated fairly. Questions for the person: • Any times when you thought you were being treated unfairly or that your rights were being violated? • Who can you talk to about this? • Are any of your rights formally limited? • If yes, did you agree to this limitation? What’s being done to change the situation? • What assistance are you getting so that you can exercise this right in the future?
People are treated fairly. Outcomes: • What rights limitations or fair treatment issues have been identified by the person? • If there are limitations or fair treatment issues, was adequate due process applied?
People are treated fairly. Supports: • Has the organisation solicited info about rights violations or fair treatment issues from the person? • Have procedures for addressing person’s concerns been implemented? • Are procedures used by org. consistent with due process principles?
Shared Values • Legal and Human Rights • Self Determination and Choice
Legal and Human Rights Indicators: • The Universal Declaration of Human Rights of the UN and the constitution of your own country apply to all people. • Rights may not be limited without due process. • Rights are not curtailed merely because a person ahs a disability.
Legal and Human Rights Indicators: The UN Declaration of Human Rights and the Constitution of the country applies to all people. Rights may not be limited without Due Process. Rights are not curtailed merely because a person has a disability.
Legal and Human Rights • Copies of UN Declaration available? • Used in staff training and policy development? • Is a Due Process system used, with impartial third party? • Does org solicit information about the rights people want to exercise? • Are grievance procedures well-known and used routinely?
Self -Determination and Choice Indicators: • People direct decisions that impact their lives • Peole develop self-determination capacity • People contribute to their communities
Self -Determination and Choice • People have the autonomy to make decisions affecting their own life situation. • Communities provide people with legal, economic and social resources to develop self-determination skills. • Some people need help to do this, family, guardian, legal appointee. • Organisations have a process to find out what all people in service want.
Basic Assurances • Rights Protection and Promotion. • Positive Services and Supports. • Dignity and Respect. • Protection from Abuse, Neglect etc. • Basic Assurances System.
Rights Protection and Promotion. Indicators: The organisation inplements policies and procedures that promote people’s rights. …supports people to exercise their rights and responsibilities. Staff recognise and honour peeople’s rights. The organisation upholds due process requirements. Decision-making supports provided to people as needed.
Rights Protection and Promotion. • Organisation’s policy commitment to promote and protect people’s rights? • Promotes same rights as everyone else? • Due process procedure? Individiual review of rights? Procedures for restricting people’s rights? • Prohibits use of restrictive mediacl or behavioural intervention without prio informed consent? • Prohibits policies and practices that restrict people’s rights?
Rights Protection and Promotion. • Assesses people’s ability to exercise their rights, esp Priority rights for the person. Includes: • Move freely, • Manage money • Send and receive post • Make and receive phone calls etc • Visit and be visited by whomever they choose • Access personal possessions. • Vote
Rights Protection and Promotion. • Are staff trained to recognise and respect people’s rights? • ….. Trained in due process procedures? • Does the organisation have, or have access to, a working and effective Rights Comm? • Do people receive only the level of support needed to make their own decisions? • Assess the need and scope for advocacy, guardianship and alternatives for each person and review regularly?