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Topic 1: Personal level of rights, roles and responsibilities1. Personal values, belief and attitudesAs human beings, we all have our own values, beliefs and attitudes that we have developed throughout the course of our lives. Our family, friends, community and the experiences we have had all contribute to our sense of who we are and how we view the world. As community services workers, we are often working with people who are vulnerable and/or who may live a lifestyle that mainstream society views as being different or unacceptable. If, as community services workers, we are to provide a service that meets the needs of our target groups and helps them to feel empowered, we need to be aware of our own personal values, beliefs and attitudes and be prepared to adopt the professional values of our industry—and not impose our own ideas on our clients. What are values?Values are principles, standards or qualities that an individual or group of people hold in high regard. These values guide the way we live our lives and the decisions we make. A value may be defined as something that we hold dear, those things/qualities which we consider to be of worth.A ‘value’ is commonly formed by a particular belief that is related to the worth of an idea or type of behaviour. Some people may see great value in saving the world’s rainforests. However a person who relies on the logging of a forest for their job may not place the same value on the forest as a person who wants to save it.Values can influence many of the judgements we make as well as have an impact on the support we give clients. It is important that we do not influence client’s decisions based on our values. We should always work from the basis of supporting the client’s values.38108318500Activity 1.1: Think about your valuesWhat are some of your values? Talk to friends and family members. The purpose of this exercise is to simply start you thinking about your values and identifying the values that you hold, and how these may affect your relationships with others.Ask them these same questions. Do the answers differ? Start by thinking about your values in relation to:Manners—are they old fashioned? Do they hold a high or low value in your life? Pride—are there things you need to be proud of? Do you value pride or do you value humility? Behaviour on the sports field—what behaviours do you value? Sportsmanship? Winning? Team spirit? Individuality? Family life? What do you value about family life? Clothes—how important are clothes at work? At play?Top of FormBottom of FormWhere do values come from?Our values come from a variety of sources. Some of these include:family peers (social influences) the workplace (work ethics, job roles) educational institutions such as schools or TAFE significant life events (death, divorce, losing jobs, major accident and trauma, major health issues, significant financial losses and so on) religion music media technology culture major historical events (world wars, economic depressions, etc). Dominant valuesDominant values are those that are widely shared amongst a group, community or culture. They are passed on through sources such as the media, institutions, religious organisations or family, but remember what is considered dominant in one culture or society will vary to the next. Using the sources listed above, some of your values could be:family—caring for each other, family comes first peers—importance of friendship, importance of doing things that peers approve of workplace—doing your job properly; approving/disapproving of ‘foreign orders’ (doing home-related activities in work time or using work resources for home related activities) educational institutions—the valuing or otherwise of learning; value of self in relation to an ability to learn (this often depends on personal experience of schooling, whether positive or negative) significant life events—death of loved ones and the impact on what we value as being important; marriage and the importance and role of marriage and children; separation and divorce and the value change that may be associated with this (valuing of self or otherwise) religion—beliefs about ‘right and wrong’ and beliefs in gods media—the impact of TV, movies, radio, the Internet and advertising on what is important in our lives, what is valued and not valued music—music often reflects what is occurring in society, people’s response to things such as love and relationships which may then influence the development of our values technology—the importance of technology or otherwise; the importance of computers and developing computer skills culture—a cultural value such as the importance of individuality as opposed to conforming to groups major historical events—not wasting anything, saving for times of draught, valuing human life, patriotic values. It is important that you develop an awareness of what you value, as these values will be important in informing your relationships with clients, co–workers and employers.Activity 1.2: 38108318500 Think about your basic rightsWhat do you think are your basic rights as a member of the Australian community? List at least five (5). Compare with your answers with the Suggested responses at the end of this reading.Exploring your valuesWe are all influenced in varying degrees by the values of our family, culture, religion, education and social group. Knowing your own values can help you work effectively with clients, resolve conflicts and support the organisation’s philosophy of care appropriately. Wherever our values come from they make us the unique person we are today!What is a belief?Beliefs come from real experiences but often we forget that the original experience is not the same as what is happening in life now. Our values and beliefs affect the quality of our work and all our relationships because what you believe is what you experience. We tend to think that our beliefs are based on reality, but it is our beliefs that govern our experiences.The beliefs that we hold are an important part of our identity. They may be religious, cultural or moral. Beliefs are precious because they reflect who we are and how we live our lives.Pre-existing beliefsAs a care worker in the community services industry, the pre-existing beliefs you may have could be related to stereotypes that have developed for you around issues like sexuality, alcohol and other drugs, ageing and disabilities, independence, health, the rights of people, your idea of health and what it’s like to be older and/or disabled.These stereotypes could affect the way you interact and work with clients. This is because you have assumptions about what your clients can and can’t do for themselves, the way they should think about issues and what is best for them. If you make assumptions as a worker then you are denying clients their rights, respect and dignity. As a worker this would be regarded as a breach in your duty of care towards clients.The need for older people and people with disabilities to express their sexuality does not necessarily diminish over time. The desire for intimacy can in fact intensify. The development of new relationships may occur as a result of living in a residential care setting or as people’s social networks change over time. The right to express sexuality is a quality of life issue and is part of one’s self-identity. The way people choose to express their sexuality may change over time in a variety of ways. Intimate relationships enhance a person’s quality of life and contribute to their feelings of well-being. As a care worker it is important to respect a person’s right to express their sexuality in a way which is appropriate for them.What is an attitude?The word ‘attitude’ can refer to a lasting group of feelings, beliefs and behaviour tendencies directed towards specific people, groups, ideas or objects.An attitude is a belief about something. It usually describes what we think is the ‘proper’ way of doing something. The attitudes that we feel very strongly about are usually called values. Other attitudes are not so important and are more like opinions. Sometimes our own attitudes can make us blind to other people’s values, opinions and needs. Attitudes will always have a positive and negative element and when you hold an attitude you will have a tendency to behave in a certain way toward that person or object.You will need to be aware of your own personal values, beliefs and attitudes and how they might impact on your work.It is important to consider the mapping of your own life – what have been some significant events that have shaped you, what qualities you admire in yourself and others, what beliefs are important to you, what you value and so on. Some examples of these may be personal features such as strength of character, helping people, respect, honesty, wealth, success, health etc.What we believe are important qualities, or what qualities we admire in ourselves and others, generally reflect our life experiences and the values which we established in our early years through the influence of family, teachers, friends, religion, our culture, our education.Given that all of us have differences which have been shaped by our life experiences, we can understand that we will all have different sets of values and beliefs. We do not all think about issues in the same way!To work effectively it is critical to understand your own values and beliefs and to understand the importance of not allowing them to affect the way in which you work with clients. Remember they are your values and may be quite different to the values held by your clients.In order to remain professional it is necessary to leave your personal values out of the client/worker relationship. This means that it is important that you allow clients to make decisions based on their own values and beliefs rather than decisions that reflect what you think they should do.When we are carrying out our daily duties at work we rarely think about our attitudes, we are immersed in work itself and often remain unaware of just how different our attitudes could be to others around us.As previously defined an attitude is simply a belief, and describes what we think is the proper way of doing or thinking about something. Attitudes vary in intensity.When we feel strongly about something attitudes are called values. Attitudes that are less important to us are called opinions. For example we may feel strongly that older people should give up their jobs when they reach a certain age, so that younger people can get work. Strong attitudes are often very emotional and can cloud our judgement in meeting other people’s needs. This means that some people or clients may be denied their rights to be allowed to make their own choices and decisions about their life.The influence of attitudesOur attitudes develop over time and not only reflect where we have come from i.e. the influence family, friends and experiences have had on our attitudes, but also how we will proceed with our life in the future. Attitudes are therefore a powerful element in our life, are long enduring and hard to change—but not impossible!The problem with attitudesOne of the problems with our attitudes is we often ignore any information which is not consistent with them—we become selective in the way we perceive and respond to events and issues—and lose our ‘objectivity’ about the world. By developing insights about our attitudes we reduce the risk of making decisions at work based on our unconscious, pre-existing perceptions, allowing us work more professionally with clients.Awareness of personal attitudesIt is good practice to think about your attitudes and beliefs: it helps you to understand yourself better. It is beneficial to reflect on your life, identify some of the significant events that have shaped you, consider what qualities you admire in yourself and others and be mindful of what values and are important to you.Taking into account personal values and beliefsOne of the responsibilities of workers is that we do not impose our own values and beliefs on the people we work with. That is, that we don’t provide options and services based on what we feel is right, but that we work with people in relation to what is right for them. We should always remember that it is their life and only they should make decisions about how they should live their life. If you try to impose your own moral values on clients, you are likely to make them feel judged and to damage their self-worth. Moreover, they are likely to reject you and to reject your values too. If you are able to accept your clients, with whatever values they have, you may well find that as time passes they move closer to you in their beliefs. This is inevitable because we are, whether we like it or not, models for our clients and we have a responsibility to be good models. Regardless of who the client is, and regardless of his or her behaviour, he or she deserves to be treated as a human being of worth. If you respect your clients, they will, through feeling valued, be given the optimum conditions in which to maximise their potential as individuals.It is essential that you are aware of your own values and beliefs so that you do not impose them (deliberately or unintentionally) on the people you are working with. Professional valuesWhat would you consider to be the values and attitudes that are critical for someone who works in the community services industry?In order to leave your personal values out of the client/worker relationship, you need to aware of the impact they may have when you come across clients that do not behave in ways that you agree with—that is, clients who have different values and beliefs to you. You may find that with such clients you become judgemental or notice that you are encouraging clients to make a decision that reflects what you think they should do (based on your values and beliefs) rather than working with the client to come up with their own ideas about how to resolve the issue.That is why it is so important to have ethical standards, so that we are operating by a professional set of guidelines, not what we personally think is right or wrong.Respecting the beliefs, attitudes and values of othersEveryone is entitled to their own values, attitudes and beliefs. It is important to accept and respect that other people may well have different attitudes, values and beliefs than you. We do not have the right to expect that others change their values, attitudes and beliefs just because they are different to ours.It is quite possible that you may face situations at work that either challenge or compromise your own values, attitudes or beliefs when working to support people with a disability. It is not always easy to avoid communicating your beliefs and values to clients, but it is something you need to be very aware of. It can be very easy to influence clients in subtle ways. Simple things like body language, gestures, the way you say something, or even actions, can give a client the impression you agree or disagree with their values or beliefs.38107620000Activity 1.3: Scenario: What do you think?Scenario: A disability support worker, Sally, was assisting Harry, a client, to decide what movie he was going to see on the weekend. Harry loved horror films. Sally hated them. During the conversation Sally shook her head every time Harry pointed to a horror film in the paper. In the end Harry decided to go and see a comedy. Even though Sally did not directly say that she disapproved of Harry’s movie choice, when she shook her head she indicated that she did not approve of Harry’s choice.What do you think? The support you give to clients should be, as much as possible, in line with their values, attitudes and beliefs, while also in line with your community services organisation and the law.Impact of values and philosophies on service provisionThe way that the above values and philosophies are acted upon in services affects the quality of the service provided to clients. The more these values are promoted and reflected in the way the service operates, the more positive the experience for the client.38107620000Activity .14: Scenario: What do you think?Scenario: Phong is a 29 year old Vietnamese man who was injured in a serious car accident eight months ago and sustained a brain injury. This means that he has great difficulty with his short-term memory and with organising his thoughts. He also needs to use a wheelchair because of a neck injury. Phong is now living back at home with his family. Most of his friends don’t come around anymore and Phong hardly gets out. He is unable to return to work as a mechanic. Phong has been referred to a community access program, designed to help him deal with his brain injury and integrate back into the community.What do you think? In this scenario, you are identifying the impact of values and philosophies on service provision. If the community access program embraces the values and philosophies underlying the CSI, what effect would this have on the service provided to Phong?Compare with your answers with the Suggested responses at the end of this reading.2. Respecting differencesYour role as a community services worker focuses on providing services that meet the needs of diverse people. To this end we will briefly look at the issues of social justice, using a non-judgemental approach and respecting differences.Principles of social justiceSocial justice principles are about making sure that everybody in society has a fair go and receives their share of whatever society has to offer. They are concerned with:equal distribution of economic resources equality of civil, legal and industrial rights equality of opportunity for participation and decision making in society fair and equal access to resources such as health, welfare, justice, housing and education. The main principles to social justice are:access equity equality participation. Access and equity are terms frequently used together and therefore are often seen as having the same meaning. They are, however, different concepts.AccessAccess is primarily concerned with ensuring that no matter what their circumstances, abilities or background, all people are able to find out about and use services in their community. Examples of this are ensuring buildings are wheelchair accessible, that information is available in a variety languages and support mechanisms in place to ensure access to information.EquityEquity is about providing additional services to ensure that people from disadvantaged groups have equal access to all that the community has to offer. Equity is not the same as equal opportunity (equality) which is about making sure that people are not discriminated against and treated unfairly on the basis of difference. Equal opportunity focuses on everyone having an equal start, whilst equity focuses on participation and achievement to an equal level.EqualityEquality is about ensuring access and equity will ensure equality (uniformity of equal terms for all). This means that all people are treated equally, no matter who they are, or what their background is.ParticipationParticipation means that clients are given the opportunity to, and are actively supported in, having a say and being heard in decision making about policies and services that affect them. An example of this would be where a service implements a questionnaire to all clients to provide feedback on the service they are receiving.There are some organisations that are specifically set up to be the voice for the people where their role is to lobby governments to ensure participation and a say in policy development. These organisations are called peak bodies or advocacy services. Access and equityIt is important for us to understand the impact of powerlessness when working with people from diverse backgrounds. Some of the more established cultural groups in our communities have gained power through having networks and involvement in our society. Newer cultural groups have to negotiate unfamiliar territory and systems before then can even attempt to address some of the power issues they face in their new communities. As workers, our role is to empower our clients by helping them to express their issues and concerns with the society they are living in. Part of empowering clients is to encourage them to participate in their own decision-making, as well as decision-making within organisations and in communities. Our work with people is governed by anti-discrimination laws and legislation. This means that services are required to ensure that access and equity policies are adhered to.Empowering clients means to promote the idea of participation. This means actively encouraging clients to have a say about the decisions in their lives as well as the way your organisation runs. It begins with clients understanding and stating their wants and needs. This might seem to be simple at first, but is in fact a process that requires skill and insight from the worker. Many times we do not know what our options are or understand our abilities. These issues might be further complicated by language or cultural barriers. It can be helpful for a client to have an advocate from their own cultural background when dealing with your organisation. It is also important for organisations to involve representatives from different cultural groups on their management committees and in service development plans.Access means that all barriers of access must be removed so that people of culturally and linguistically diverse backgrounds, including Aboriginal people, or people who have disabilities and other marginalised groups, have access to mainstream services. This means that if a person has a language barrier to accessing certain information then an interpreter would be needed to assist with communication so that everyone can access the mainstream services they need.Equity means that if mainstream services can’t meet the specific needs of certain groups in the community, then special services need to be set up to address these special needs. Certain groups in the community have been identified as people with special needs and, therefore, require certain services to address their needs.The tasks of the worker in empowering clients and ensuring participation are to:assist the client to understand their situation from different perspectives (eg educate the client about the dominant values and beliefs and how they impact on their lives, and help them to understand their environment) assist clients to know their rights (eg for new immigrants) be aware of the resources and options available to clients (eg by networking, identifying culturally appropriate services and how to access them) assist clients to make informed decisions about their lives assist in developing clients’ skills in dealing with problems independently help clients to gain confidence (eg through learning new skills, understanding the system and knowing their rights in our society). It is difficult enough to set goals and carry out the necessary tasks to complete goals in a culture you are familiar with and can adequately communicate in. It is much more difficult and complex to attempt making changes in a culture you are unfamiliar with. It is important for workers to actively involve clients in services, in their case plans and in decision-making that affects them. We can do this by ensuring that our services are responsive to people from diverse cultural backgrounds. We need to be aware of these aspects:What is the image of my service? What kinds of employment practices do we have? (Do we employ people from culturally diverse backgrounds, or who have familiarity in working with people from culturally diverse backgrounds?) Does my service include funding for interpreters and translators in its budget? LegislationAnti-Discrimination Act 1977 No 48 (NSW)Makes it illegal to treat people differently and unfairly based on their race, gender, sexual preference, marital status, age, physical or intellectual impairment or carer responsibilities.Human Rights and Equal Opportunity Commission Act 1996 (Commonwealth. No. 126, 1986) Allows The Human Rights and Equal Opportunity Commission HREOC to investigate complaints under acts such as the Disability Discrimination Act 1992, Sex Discrimination Act 1992, and the Racial Discrimination Act 1975, as well as dealing with infringements of human rights. It states that people have a right to respect and dignity, assistance to become as self reliant as possible, education, training and work, family and social life and protection from discrimination. .au/about_the_commission Racial Discrimination Act 1975 (Commonwealth. No 52, 1975)An Act relating to the elimination of racial and other discrimination.38108318500Activity 5: Think about: Social justiceThink about some of the services in your local community. How would you rate them in terms of the four principles of social justice — access, equity, equality, participation?Valuing diversityValuing diversity means that differences between people and groups of people, including cultural background, where people live, disability, sexuality, religious beliefs and age, are respected, valued and incorporated into service provision. Services, while being accessible to everyone, should also be provided in a way that is appropriate to the target group and is respectful of these differences.EmpowermentThis means assisting clients, groups and communities to develop the skills, knowledge and confidence to take control of their own lives, stand up for their rights and advocate for their own needs. Empowerment enables people to have choice in their lives, speak out about their needs and make their own decisions.38108318500Activity 1.6: Think about: Social justiceWhat is the difference between the concepts access and equality? What are four differences between people or groups of people which need to be respected and valued in services?What are three benefits of empowerment?Compare with your answers with the Suggested responses at the end of this reading.Non-judgemental approachOur clients have often experienced discrimination, harassment and prejudice as a result of factors in their lives, which may include their age, ethnicity, cultural backgrounds, gender, disability or sexual preference, as well as their personal problems. Asking for help, for many, may have been a difficult process and, often, a last resort. We live in a society where there is an expectation that we are able to look after ourselves (with some family assistance). For some, however, this is an unrealistic expectation and for many family help is not available. So having sought help, the last thing a client needs to feel is that they have once again been judged. Being able to be non-judgemental is important and it is a skill that needs to be worked on. It is also something that we need to constantly evaluate throughout our working lives in the community services sector by maintaining our awareness, being honest with ourselves and being prepared to change.This is one of the principles of ethical work practice that was articulated by Father Felix Biestek in his book, The Casework Relationship (1974).Being non-judgemental means that we do not have the right to judge our clients or communities with which we work. There is an old Indigenous American saying ‘Never judge another man until you have walked two moons in his moccasins’ and as we cannot walk in another person’s shoes, we have no right to judge them. Often, when we do make judgements about people, it is on the basis of stereotyping and prejudices, and often result in disadvantage and disempowerment. It would be nice to say ‘Oh no, I won’t do that!’ but the reality is, that for whatever reason, there will be times when you will make judgements. It is more effective to develop the self-awareness to know what your prejudices are and work out strategies for recognising and dealing with them. Respecting differencesCurrent government policy at both state and Federal levels clearly articulates the need for service provision to be focused in a way that recognises that our society is made up of a whole range of groups that have differing needs. If we genuinely want to meet these needs then we have to develop appropriate strategies, and the strategies developed for one group may not meet the needs of another group. The most effective way of doing this is to consult with the various groups and work with them to develop strategies.In both the NSW Government Plan of Action and the National Drug Strategic Framework a number of groups have been identified as having specific needs. These include:young people families people from culturally diverse backgrounds those with mental health/AOD problems indigenous groups those experiencing chronic pain rural and remote communities offenders/prisoners disadvantaged communities. Therefore, it is important that as a worker you take into account the needs of these groups, as appropriate to your organisation. This means not only looking at what your service offers, but barriers that may exist in your service that could prevent these groups from accessing your service. Often funding for services will be directly linked to meeting outcomes relating to these groups. Therefore, it is an essential aspect of an organisation’s planning, delivery and evaluation processes.Regardless of who the client or the client group is, regardless of their behaviour and values, the person/group you are working with deserves to be treated with respect and dignity—they too are human beings. If you respect your clients they will, through feeling valued, be given the best conditions to grow and maximise their chances in life. If you judge your clients, discriminate and try to impose your moral value system onto them, you are more likely to make them feel worthless and disempowered. They are also likely to reject you and the growth and positive regard that you may have shared together.If, however, you are able to accept your clients are worthy of being treated with respect (regardless of their behaviour) then you may well find over time that they are better able to be honest with themselves, challenge what they perceive needs to be changed in themselves and their situation, and grow.Non-discriminatory approaches to workWhen dealing with clients you should take the following issues into consideration:Personal prejudice may affect your relationships and disadvantage the individuals concerned. Resources may not be available for certain groups or may not be appropriate for their needs. For example, very few rehabilitation centres cater for the needs of women with children or for the cultural needs of migrants. There may be a stronger emphasis on a certain type of approach according to the prevailing prejudice towards a particular group (for example, Aboriginal people are more likely to end up in prison for drunkenness than non-Aboriginal people). Being disadvantaged within a society is usually coupled with the society’s lack of recognition of this disadvantage. Individuals not only suffer disadvantage through lack of access to resources, but they internalise the implicit values held by the power structure: that some people are more valuable to the community than others. Often disadvantage occurs either as a result of discrimination, or can lead to discrimination. Discrimination may be defined as treating someone unfairly because they belong to a particular group (Office of the Director of Equal Opportunity in Public Employment, 1997).Two general types of discrimination are direct and indirect discrimination. Direct discrimination is easy to see since it is clearly unfair (e.g. refusing to employ a person who has children).Indirect discrimination is harder to see. It results from having a rule or situation that is the same for everyone, but this makes it unfair for some groups of people (e.g. to require everyone doing a certain job to be above a certain height, even though this is not necessary to perform the job role).It is also important to understand that some discrimination, while it is unfair, is reasonable. This may be for reasons of public or personal safety. 38108318500 Activity 1.7: Think about: reasonable or unreasonable discriminationDo you think these are examples of reasonable or unreasonable discrimination?Not to issue a driver’s licence to a person who is blind. Not to modify a training course to meet the needs of a learner with an intellectual disability. To refuse an adult with cerebral palsy access to a brothel. Compare with your answers with the Suggested responses at the end of this reading.Reasonable or unreasonable discrimination?Top of FormBottom of FormDiscrimination is against the law in Australia. It is illegal to discriminate in relation to a person’s sex, marital status, race, religion, age, sexual orientation, transgender or disability.As a worker you must ensure that you demonstrate a non-discriminatory approach to your work—in relation to both clients and other workers, both within your agency and in other organisations. If you practise discrimination then a complaint may be filed against you with organisations such as the NSW Anti-Discrimination Board, or at a Federal level The Australian Human Rights Commission, who have the authority to hear and deal with these matters. Both organisations have websites that can provide you with additional information about these issues.Regardless of who the client or the client group is, regardless of their behaviour and values, the person/group you are working with deserves to be treated with respect and dignity—they too are human beings. If you respect your clients they will, through feeling valued, be given the If you judge your clients, discriminate and try to impose your moral value system onto them, you are more likely to make them feel worthless and disempowered. They are also likely to reject you and the growth and positive regard that you may have shared together.Respecting differences is about recognising that your way, your culture, your beliefs are not the only ones. In the eyes of some of your clients, you may have had a privileged life, free from discrimination, constant barriers and stereotyping, so it is important that you acknowledge their ways, their cultures and their beliefs as being just as important as anyone else’s. If you are working with Aboriginal and Torres Strait Islander people it is important that you have an understanding of their experiences historically in relation to support from the white community. You need to understand their culture and how you can work with them, not how they can work with you. Spend time getting to know about their culture and experiences by either talking to an Aboriginal community leader, liaison officer or Aboriginal Development Unit as well as doing research in your local library and/or on the Internet. 38107620000 Activity 1.8: Scenario: What do you think?With each of the scenarios below, think about which workers are respecting the differences of their clients and which are not. For those you think are not respectful of differences, think about what might be an alternative way that they could show respect for their client. Then, compare with your answers with the Suggested responses at the end of this reading.Case study 1: Muriel and ArmandoArmando is gay and he would like his personal care attendant, Muriel, to drive him to a local gay bar. Muriel tells Armando that he will grow out of being gay and that he just needs to find a nice girl. She then takes him to a local heterosexual disco.Case study 2: Barry and PetrinaPetrina is Jewish and does not celebrate Christmas. She lives in a group home with two other young adults with a physical disability who are Christians. Petrina asks that they also celebrate Hanukah. Her support worker, Barry, spends time with Petrina finding out the different Jewish activities she would like to participate in and also spends time researching on the Internet everything he can about Jewish celebrations. Together they do a presentation to the other residents and as a group decide how they will celebrate both holidays.Case study 3: Wendy and MariannaWendy is providing Marianna with job skills training and they spend the entire work day together. Marianna is Lebanese and her mother always packs her traditional Lebanese meals for her lunch. Wendy says to Marianna, ‘so what wog food are you going to stink us out with today?’ Case study 4: Dana and GaryDana is an outreach community support worker in rural NSW. She visits some of the Aboriginal communities as part of her role. She notices that one of her Aboriginal clients, Gary, has a bad case of the flu and asks his mother if she can take him to the doctor in town. The client’s mother says, ‘No, our community doctor is taking care of him’. Dana ignores the mother and takes the client to see her own doctor. Compare with your answers with the Suggested responses at the end of this reading.3. Client rights What are human rights?We often hear in the media that a person or a group of people have had their basic human rights violated. While most of us have an idea what this means, we don’t often stop to consider what human rights actually are.The range of human rights that everyone should receive is outlined in the United Nations Declaration of Human Rights. There are 30 Articles in the Declaration that highlight the basic rights of all people. The Declaration includes the rights to:not be discriminated against be treated equally before the law be presumed innocent until proven guilty have one’s privacy respected move to, and live, where one wants to within their country visit another country marry and have a family own property work and have free choice of employment be paid reasonably for work done have an education a standard of living adequate for the health and wellbeing of oneself and one’s family (with food, clothing, housing and medical care and necessary social services) security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond one’s control participate in the cultural life of the community In the past some people with a disability have been denied some or all basic human rights. For some people, this is still happening. The reasons why this can occur may include:They are judged as incapable of thinking or feeling.They have little political power. They may not be seen as real people. They were put into institutions in the past and the public did not know (or think about) what went on in those institutions. They may have no concept of their rights. They may have a very limited education. Human rights in an Australian contextSome concepts that underpin rights in an Australian context include:Every person has the same rights. Rights and freedom are part of the Australian tradition, customs, value systems and laws. Every person has the responsibility of accepting the rights of others. It is against the law (both Federal and state) for anyone to deprive you of your rights, and against the law for you to deprive anyone else of his or her rights. You can’t have your rights taken away from you unless you are convicted of breaking the law (and there are still rights attached to this process). Rights and responsibilities go hand-in-hand; you must also fulfil your responsibilities. Clearly, all Australians are entitled to receive their basic human rights. As part of your practice, it is essential that you work in a way that protects the rights of your clients. There will be times that you will, no doubt, be required to speak out and advocate on behalf of your client/client groups who may be unable to do it for themselves. They may be overwhelmed by the difficulties they face, let alone think about and assert their rights. Or, they could also be affected by issues such as race, gender, health and age that act as a double bind when coupled with a disability. It is also important that you support the clients you work with to understand and assert their rights. Rights and responsibilities In this section we will explore the rights and responsibilities of all Australians and then begin thinking and talking about the rights and responsibilities of others in the CS&HI. As members of the Australian community we all have rights and corresponding responsibilities. The word ‘rights’ is often used but what does it mean and what are our rights? Rights are our basic entitlements as members of a community.Some points on rights are:Every person has the same rights. Rights and freedoms are part of the Australian tradition, customs, value system and laws. Every person has the responsibility of accepting the rights of others. It is against the law (both Federal and state) for anyone to deprive you of your rights, and against the law for you to try to deprive anyone else of their rights. You can’t have your rights taken away unless you are convicted of breaking the law. Rights and responsibilities go hand-in-hand. If you want to exercise your rights, you must also fulfil your responsibilities. Rights are linked to the concepts of social justice and empowerment (ensuring that everyone has the knowledge, skills and confidence to take control of their lives and be treated equally in society). The basic rights of all Australians What might be one’s basic rights as a member of the Australian community? Bottom of FormWhen considering the concepts of rights and responsibilities it can be useful to add the notion of roles. A role describes what we do in a particular situation. Consider the different things that you do throughout the day or week—be a part of a family, go to work, be a tenant or homeowner, spend time with friends, go shopping and so on. You have a role to play in each situation.We have a right to do each of these things and we also have responsibilities while doing them. (For example, all women have the right to be a mother (role) but they have a responsibility to make sure that their children’s physical, social and emotional needs are met.) Everyone has responsibilities of some kind. They may be the same as those of others or different, depending on the situation you are in and the role you play. Where do rights come from? There are a number of significant factors that influence the established rights of clients in the CS&HI - some rights are common to all people and some are specific to clients in care or as service recipients.International chartersThe Universal Declaration of Human Rights discussed earlier is the best example of an internationally agreed position on human rights. When a country ratifies (accepts) a UN Convention, it agrees to take on the responsibilities of meeting the standards set down in that Convention. The Convention is an important piece of international legislation that has formed our national and state legislation. If you think of a tree, the state legislation is a branch but the international Convention is the main root. Legislation or lawsThese mean rules and regulations that are passed in state or Federal Parliament. An Act of parliament clearly defines what is legal and illegal, and you can be punished by law by not abiding by legislation.A good example is the NSW Disability Services Act 1993. This Act ensures that people with disabilities are treated with respect and receive an individualised service which is appropriate to their needs. They have a right to live in and be part of the community, make decisions that affect their lives, realise their individual capacities for physical, social, emotional and intellectual development, take risks and receive protection from exploitation and discrimination. Another example is the Human Rights and Equal Opportunity Commission Act 1986 that declares people with disabilities have the right to:respect and dignity assistance to become as self-reliant as possible education, training and work family and social life. Regulatory requirementsRegulatory requirements refer to standards or rules on how a service should be run in order to meet the needs of the clients effectively and safely and to enhance the client’s wellbeing. Regulations are the details that attach to the broader directions of a particular Act.Statutory requirementsIf a legal obligation is statutory, it means there is an Act that says you have to do something, or not do something. You can be legally punished if the Act is not followed. For example, it is a statutory obligation in NSW for community welfare workers to report situations where they feel a child in their care is at risk of harm. If they do not, they risk a fine at the very least. Why have statutory and regulatory requirements?We all have legal obligations when we drive, and these are set out in booklets we feverishly memorise before our driving test. The original road rules come from the Transport (General) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999 and the regulations (rules from the Act, with more explanations) made under those Acts. If we don’t follow the obligations laid out there we know we will be punished by fines or jail sentences.The road rules are very clear about what is expected from drivers under various conditions. We have a legal obligation to drive safely so we don’t put other drivers in danger. We also have a legal obligation to work to our statutory and regulatory requirements in our clients’ service in order to keep the clients in our care safe. We keep them safe by making sure the environment they are in is safe and through protecting their safety if we believe they are at risk of harm.The statutory and regulatory requirements contained in Acts and Regulations shape community service organisations’ policies and procedures—they guide your decisions about what is ‘right’ in regard to your clients.StandardsStandards are guidelines developed to ensure consistency of practice in human/community service organisations. They may be related to legislation. For example, the NSW Department of Ageing, Disability and Home Care has developed standards that services receiving government funding must adhere to. These are guidelines or principles for how the service should operate under the legislation.Standards can be developed without legislation. For example, the NSW Department of Community Services has standards for the Supported Accommodation Assistance programme (non government services working with homeless people) but no legislation. These standards focus on guidelines about allowing clients the right to complain and be treated with respect, etc.Codes of conductEach professional discipline or its professional association, e.g. social work, psychology, nursing, welfare work etc. has its own particular code of ethics. All members are required to abide by their own professional code of ethics and sanctions may be applied by the professional body for breaches of these codes. Ethical codes are usually broad in community services but the concept of client rights (such as the right to confidentiality) underlies many of the ethical principles.Duty of careThis refers to the obligation to take responsible care to avoid injury to a person whom, it can be reasonably foreseen, might be injured by an act or omission. A duty of care exists when someone’s actions could reasonably be expected to affect other people. If someone is relying on you to be careful, and that reliance is, in the circumstances, reasonable, then it will generally be the case that you owe them a duty of care. You need to be clear about exactly what the nature of the care or support is that you are providing, and on which the person is relying. Failure to exercise care in that situation may lead to foreseeable injury (in other words it could have been avoided with due care taken).Standard of careStandard of care refers to what is expected of any other reasonable person/worker who performs the same duties. This is not about having to be the perfect worker but about being good enough and doing your job as well as any other worker. Judges, when making their decisions regarding whether or not a worker has failed to provide a reasonable standard of care, looks at many factors such as:training that the worker has received laws and regulations practicalities relating to the situation needs of others in the situation current trends in the industry community values and attitudesSome of the questions that you can ask yourself in determining your duty of care, as a worker are:What rights exist here for the service user? What rights are at risk of being compromised or abused through the action that I do or do not take? What rights would be upheld? Are some of these rights in conflict or competition with one another? Can the different rights relevant to this situation all be upheld or must I make choices between them? If there is a conflict or tension between these rights then am I clear about why I am choosing to emphasise one rather than the other? Whose values are influencing my judgement—mine or the clients? To what extent am I involving the service user in balancing up these issues? Organisational policies and proceduresThese are the guidelines that operate in the workplace and they often reflect legislation. For example, CSI agencies should have written policy and procedure about how staff ensure client rights to confidentiality are maintained. This might include guidelines about what information can be shared and with whom, a process for seeking client approval to share information and appropriate information storage systems.Client rights and responsibilitiesClient rights are protected by legislation, codes of ethics and standards. From these, organisations develop policies and procedures which are the guidelines that operate in the workplace.38108318500Activity 1.9: Think about: Client rightsWe have explored what we mean by rights and what some of our basic human rights are. Now think about the CS&HI and list the rights that you think clients have. Compare with your answers with the Suggested responses at the end of this reading.38107620000 Activity 1.10: Scenario: What do you think?Read the scenario and think about which client rights you think are not being upheld. Julie is living in a youth supported accommodation service and attending the local school. She has lived there for a few weeks and enjoys bringing her friend home to study one afternoon a week. One day, when they arrive home, the worker on duty informs Julie that friends are no longer allowed at the service and asks her friend to leave. While Julie was at school, her report arrived in the mail and was opened by the worker. The worker informed Julie that she had discussed the results with the school counsellor (Julie wasn’t aware that the counsellor had any contact with the service) and they had decided to send Julie to a maths tutor, starting the next pare with your answers with the Suggested responses at the end of this reading.Client responsibilitiesThe concept of rights cannot be viewed in isolation from the concept of responsibilities. While clients have a right to expect organisations to uphold all their rights, they also have responsibilities to fulfil as a client of a CSI agency. These include: letting the service know if they will not be available to attend an appointment respecting the rights of staff, management, volunteers and other clients taking responsibility for the decisions that they make following through on tasks that have been agreed to respecting and abiding by the rules of the service (as long as they are reasonable and have been agreed to in the first place)The more we encourage clients to fulfil their responsibilities, the more we are fostering independence, which should be part of our ultimate goal in providing assistance. For example, if you are working with a young person in supported accommodation and they are continually breaking the rules, coming home after curfew, not paying agreed rent, being rude and disrespectful to staff and other residents and you do nothing about it, then what are you teaching them? By having clear rights and responsibilities (and clear sanctions for not fulfilling responsibilities) the young person may learn that responsibilities are part of life and there are consequences when we don’t fulfil them (such as being evicted). A hard lesson in life learnt early on may lead to improved life skills and a step towards independence.Upholding rights of clientsWhat are the ways that we can ensure client rights are upheld?Keep clients informedClients need to be as informed as possible about their rights and responsibilities. Comprehensive information about the service should be provided at the referral and assessment stage, including information about the eligibility criteria (who can use the service), the assessment process, service rules, services offered, staff qualifications, confidentiality exclusions, client rights and responsibilities, complaints procedure and any fees involved This can be in the form of an information handbook or pamphlet and should be in a format accessible to clients. For example, translated into relevant languages or in simple format for a client with an intellectual disability.Client participation forumsAgencies need to have a structure in place for clients to have a say about the services being offered and what needs to be improved. This may be through representation on management committees, holding focus groups and surveying regularly to seek client feedback.Monitoring by funding bodiesThis varies across government departments and funding programmes; however funding bodies should play a role in ensuring that services are fulfilling their legislative and funding responsibilities in the area of upholding client rights. This may be through visiting agencies occasionally or written reports provided every year as part of the accountability process.Making sure that clients know how to complainBasic human rights include the right to be heard—better still, some rights, like legal rights, mean being able to take action to recover any lost rights or even seek compensation. Legitimate client complaints also provide valuable feedback to the service, so that services and staff can improve. Legitimate client complaints also provide valuable feedback to the service, so that services and staff can improve.Suggested responsesActivity 1.2Do the following come to your mind? What other rights would you list?privacy choose your friends decide how you will spend your leisure time and to decide which job you will apply for choose where you want to live, what to wear and what to eat vote and stand for election.Activity 1.4You may have said that the service would assist Phong to become involved in activities and services in the community that Phong may be interested in. This might include doing a TAFE course to learn new skills, or joining a sporting club. While linking Phong with other people who have a brain injury, the service would also ensure that he has opportunities to mix with other people in the general community and to undertake a variety of activities, as most of us do.Phong would also find that his cultural background is respected and he is treated equally as with other clients using the service who are from an English speaking background.Phong would be able to get his wheelchair into the building.Phong would be given opportunities to develop his own goals for how the service will assist him and participate in decision making about the kinds of services offered to him.Basically, he would be empowered to develop skills, make choices about the help he received and speak out about his needs.Activity 1.6Access is primarily concerned with ensuring that, no matter what their circumstances, abilities or background, everyone is able to find out about and use services in the community; whereas equity is related to ensuring that all clients receive fair and appropriate treatment once they are accessing the service.You may have included cultural background, disability, sexuality, age, gender, religious beliefs and where people live.You may have included developing skills, knowledge and confidence to take control over life, stand up for rights, advocate for their own needs, have choice, speak out and make decisions.Activity 1.7Reasonable: we do not have the technology to enable a blind person to drive a car safely. Unreasonable: we have the educational expertise to teach many people with intellectual disabilities a great many skills. They have the same rights as the rest of the population to receive learning and achieve their potential. Unreasonable: all adults have the right to express their sexuality and have consenting relationships with whomever they choose. Activity 1.8Case study 1: No! If Muriel had put her own values and beliefs aside and taken Armando to the bar he wished to go, she would have been respecting his differences. In this instance she clearly wasn’t.Case study 2: Yes! Barry respected Petrina’s differences by making the effort to learn more about her culture, and then by assisting her to introduce it to the other residents. By setting the example he has shown the other residents the value in sharing cultures and shown Petrina that he respects her.Case study 3: No! What a rude woman Wendy is! Wendy would have been much more respectful by showing a genuine interest in Marianna’s food and talking to her about it, perhaps the ingredients, how it is made etc. Or, by completely ignoring the food and talking about general things.Case study 4: No! Dana has not respected the cultural differences that she has with her Aboriginal clients; instead actions indicate that she has no respect for, and there is no value in, the Aboriginal health care approach. A more respectful thing to do would be to offer an alternative and accept it if it is refused. She could also offer to get some medicine for her client from the chemist if his mother would like that. Activity 1.9You may have included all or some of the following:Client privacy should be protected. Clients have access to all information held about them by the service. Confidentiality—client information is not shared without the client’s approval and that files containing personal information are kept secure. Clients must be treated with dignity and respect by workers while being responsive to social, cultural and physical needs of clients. Informed choice—if a client is referred to another service, they need to understand what is involved and give their consent. Clients have the right to complain about the service they are receiving. Clients’ views should be taken into account in the planning and evaluation of the service. Clients should be made aware of the standard of service which they can expect. Clients have the right to be informed about the service, policy and procedures, expectations and rules of the service. Clients should be involved in discussions about their assessment and support plan.Bottom of FormAs you can see, there is quite a long list of client rights. As workers we should strive to ensure that these rights are fulfilled—after all, as a client, we would all expect no less.Activity 1.10Julie has not been treated with respect, by having her friend asked to leave and not giving her adequate notice or reason for the policy change. Julie should have been consulted before such a policy (that had a direct impact on her) was implemented. Julie’s privacy was not protected by having her mail opened. Julie’s confidentiality was breached—information was shared with the school counsellor without Julie’s consent. Julie should not be referred to another service without her consent, following a discussion about the service and what is of FormBottom of FormPoor Julie! She should complain, but more on that later … ................
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