Melbourne Citymission

Melbourne Citymission: Responding to Service Provision in a Human Rights Framework

Promotes independence , human dignity, and living standards by

– Delivering services in accordance with human rights principles

– Considering and describing clients’ issues in human rights

terms

– Formulating and seeking remedies using human rights tools

Human rights are common sense and can improve lives

Charter enshrines basic principles of good policy and service

delivery: dignity, respect, fairness, non-discrimination,

participation, transparency and accountability)

Improved framework for design and delivery of public services

Human Rights in the Charter

Derived from the International Covenant on Civil and Political Rights (ICCPR)

F reedom: movement, assembly and association,

expression, religion and belief, liberty,

fair hearing

R espect: life, protection of families, cultural rights

E quality: non-discrimination, equal recognition

D ignity: torture and cruel treatment, privacy and

reputation, humane treatment in

detention

A utonomy: taking part in public life

Melbourne Citymission: 1854

700 staff members 6 different service types 72 different programs

Most services based in the North

& West Melbourne Several Statewide Services

– ABI; Justice; Youth

VisionA fair and just community where people have equal

access to opportunities and resources.

PurposeWe build inclusive communities that

overcome disadvantage.

Justice Programs: In Partnership

Womens Integrated Support Program in partnership with

VACRO and Jesuit Social Services (sub-contract Flat Out)

W4W employment program

Family Support at Dame Phyllis Frost Centre

SWEP: Social Support

Cairnlea: Social Housing

Prison Network Ministry Volunteer Coordinator

Activities of Support: Consistent with a Human Rights Approach: WISP

Accommodation Drug and Alcohol Family Reunification Employment Education and Training Financial Debt Mental Health Social Support Physical Health Disability Sexual Assault

Most Relevant Rights: UK

Institutions Right to respect to privacy and family life - 46% Right to a Fair Hearing - 44% Right to Liberty and security of the person – 23% Prohibition on discrimination – 14% Freedom from torture and cruel treatment – 13% Right to Life – 10%

Housing /homelessness Right to privacy and family life – 80% Right to a Fair Hearing – 40%

What Issues May the Charter Engage

In the UK, The Human Rights Act is generally engaged in cases

which raise principles of civil liberty, legality and human dignity. Judicial Review Patterns under UK (descending order by

volume)

Case Category % cases raising HRA

Immigration/asylum 45

Housing/Homelessness 32

Prison 55

Education 22

Disciplinary proceedings 20

Mental Health 100

Public Authority and Melbourne Citymission Justice Programs

What is a ‘public authority’? (s 4)

– Core public authorities

– ‘Functional’ public authorities (ie, entities discharging ‘functions of

a public nature’)

> Public Funding

> Functions connected to or identified with government

WISP and the strategic alliance is most likely to fall under the this

section

Reflections from the UK: Impact on Policy and Service Delivery

Awareness-raising, education and capacity building around human

rights can empower people and result in:> Better public service outcomes

> Improved levels of consumer satisfaction

> More flexible, individualised and responsive policies and

practices

Core principles of the Charter can trigger new thinking and help

decision-makers ‘see seemingly intractable problems in a new light’

Language and ideas of rights can be used to secure positive

changes not only to individual circumstances, but also to policies

and procedures

Clarity Administrative Processes

OoH Segment Panel: determines whether people experiencing recurring homelessness are eligible to obtain priority public housing by being accepted on the segment one waiting list.

– Right to a Fair hearing– Right to a procedural fairness– Right to legal advice and representation

Social Housing providers? Child Protection Orders

– Child in Custody arrangements– New regime of pre-birth notifications

> Substantial/extreme risk to the child Spent convictions and disclosure of prior offences/police records Managerialism

– The Charter is enabling rather than blocking

Implementation

PILCH Audit

– Practise Manuals

– Pamphlets

– Client feedback

– Client participation

– Privacy Training Volunteers Reporting Advocacy

“ Australia remains a land respectful of human dignity,

including of its prisoners Unlike the US it would never

tolerate excluding millions (or thousands) of its citizens

from the vote because of past convictions ”

Justice Michael Kirby: Speaking after the High Court overturned the

Howard Governments ban on prisoners right to vote.