Human Rights Advocacy and Disability Rights: Understanding the difference

Human rights advocacy is the act of supporting and promoting rights of the individuals and making sure every individual is treated fairly and with dignity, irrespective of the background, race and sex. It protects many rights, including right to life, freedom of expression, right to privacy, right to education, etc. Within human rights some groups like people with disabilities face extra challenges that require attention and support and that is where an individual’s Disability Rights come in.

People often confuse human rights advocacy with disability rights, thinking they are the same. While both the acts aim to protect individuals’ right and ensure that the individuals get treated equally and fairly, they serve different purposes. This blog will explain how both the acts/rights are interlinked and also how they are different from one another.

Human Rights Advocacy

Human Rights Advocacy is about protecting and promoting the basic rights of all individuals, irrespective of their caste, race, sex, religion etc. These include some of the following rights:

·       Right to life

·       Right to health

·       Right to education

·       Freedom from discrimination

·       Right to employment

Australia’s Commitment to Human Rights

Australia is committed to protecting and promoting a person’s human right in both the home and abroad. The government ensures that these rights are respected and acknowledged through laws and policies, however, human rights laws do not cover the specific needs of people with disabilities, which is why within Australia there are separate disability laws/rights.

Disability Rights

Unlike Human rights these laws/rights do not apply to every individual but just to people with disabilities and ensure that the people with disability have equal access and opportunities when it comes to education, work and social settings.

Why Disability rights are important?

Virtually every Australian that is living with a disability encounters human right violations at some point in their lives and many experience human right violations on a daily basis.

People with disabilities are subject to multiple and aggravated forms of human rights violation, including the neglect of their most basic survival related needs.  These human rights violations do not only occur in far off places that lack enlightened legislation and policies, or the resources needed to meet basic needs.  They occur every day, in every region, of every State and Territory in Australia.

https://pwd.org.au/about-us/about-disability/disability-and-human-rights/ 

Some of the common challenges faced are:

·       Poorer education opportunities and outcomes

·       Limited access to independent advocacy services and support

·       Lack of control over their lives and alternative choices

·       Discrimination

 Challenges in Disabilities laws/rights

·       Lack of awareness about the available rights

·       Workspace discrimination

·       Inaccessible Public Places

Disability Laws in Australia

·       Disability Discrimination Act 1992 (DDA) https://www.legislation.gov.au/C2004A04426/2018-04-12/text 

·       Fair Work Act 2009 https://www.legislation.gov.au/C2009A00028/2021-09-11/text 

·       Australian Human Rights Commission https://humanrights.gov.au/ 

Conclusion

Every individual deserves fair and just treatment, but people with disabilities face much more unnecessary barriers than others. Everybody as a whole will have to play a role in making sure no one faces discrimination.

Know your rights and call out discrimination.

Need to know more: Bespoke Legal Group is well versed when it comes to Disability Law.

Our team is here to help, contact us on 07 56200558 to discuss.

This article is provided for general information purposes only. Its content is current at the date of publication. It is not legal advice and is not tailored to meet your individual needs. You should obtain specialist advice based on your specific circumstances before taking any action concerning the matters discussed in this article.