| Prejudice, Neglect & Abuse and Human Rights. The abuses that people experience are varied and happen in every kind of circumstance. Many behaviours that have been accepted as 'normal' are no longer acceptable in terms of United Nations and European Union Conventions on Human Rights and UK Law (European Court of Justice - The Final Arbiter). The reason's these Conventions and Laws have been introduced is because of the evidence of destructive effect that prejudice, abuse, neglect and fundamental injustice, have upon the health and security of individuals, communities and Nations. The EU are Signatories of the UN Conventions on Human Rights. The Conventions have been established in order to protect all people; physically, psychologically, emotionally, racially, sexually spiritually, culturally, in equality before the Law and in all other reasonable human activities. This is not idealisation. It is the Law and is incumbent upon us all. This is now recognised, in all private & civil circumstances, as your 'Rights' and these are essentially the same as those that we 'feel' should apply, equally to us all, at least in terms of equality of opportunity before the Law and without prejudice, or the inequitable advantage, or disadvantage to others. Basically, if a person 'feels' that they have been disadvantaged, or abused, in any way, by unjust & discriminatory behaviour, or by discriminatory & abusive practices & process (whether by design of in error) they have an entitlement to challenge this and provide evidence to this effect, to those in any civil Authority. Those in any position of Authority (Basically), of any civil, or professional kind, have an obligation to consider the claim and the evidence, and are required to act to remove any unreasonable inhibition of a person's Rights, or have the procedures adjusted accordingly. All professionals have a duty in this respect. The exceptions to the General Conventions are very specific, to take account special circumstances such as; engagement in Criminal Behaviour, Threats & Risks to Persons (including self), Mental Capacity, War and Threats to National Security. These only apply for the duration of a crisis, with limited effect. Even in these special circumstances, it is an obligation on those who are acting under these 'special powers', (mostly professionals, acting as agents of our institutions), to do so in ways that consider a person's Dignity and which take account of all their established Human Rights, using principles such as 'least restrictive' practices and 'Informed Choice', etc. Intelligent, common sense, non-discriminatory interpretation of these Rights should normally be enough to ensure justice in any situation; including the use of 'special powers' that are provided to any professional, and the curtailing of prejudice and presumption when considering the use of these special powers. The basic UN & EU Charters on Human Right are unambiguous and apply to all people, in terms of the Human Rights and also the responsibilities that we all have, to ensure these rights are upheld, according to our ability and capacity to do so. The specific and general instances of failure to adhere to these Rights, and any legal manipulations of these basic Rights (within National Legal Systems), has meant that the Conventions have had to be strengthened and advanced, by additional Conventions and Treaties, relating to specific groups that had previously been unlawfully disadvantaged. Non-the-less, the fundamental Conventions on Human Right, which had previously been established, still apply in all individual cases and in all Countries that have become signatories to and who have 'Ratified' these Conventions and Treaties. They have the status of Law. Anyone, at any time, in any circumstances, can call upon individuals and those working within, or managing institutions, to cease unacceptable behaviours and the practice of discriminatory, or abusive sanctions and conditions, which contravene any of these basic Human Rights. Prejudices describe a specific set of discriminatory and abusive behaviours and attitudes, as determined by these Conventions and Laws. These have been historically tackled by and on behalf of, identifiable groups, considered by; race, colour, gender, religion, sexual orientation, rights of the child, and disability rights, etc.. What is often forgotten is that these specific groups have been considered because of 'failures' of the various Institutions (including the legal, civil and professional systems) to adhere to the principles established and 'Ratified' (legally incorporated) into International Human Rights & Law. Any prejudice, with the exception of intolerance of prejudice, is now unlawful. Disadvantaged & minority groups, of any kind, which collectively adhere to and recognise to these conventions, are also protected by these conventions, as are the individuals within any identified group. It is the individual that is protected in this way, indiscriminate of race, creed, or disability. The modern Treaties & Conventions on Hunan Rights are in the more appropriate form, where it is the Individual's Right that are more specifically protected, with enhancements that address specific disadvantage they may have, by way of any disability (See Convention on Human Rights for Persons with Disabilities). These rights have been written in in a form that allows any person to seek to have abusive behaviours, or disadvantageous conditions stopped, or removed. It should not necessary to call upon a legal representation in order to see that these rights are upheld. It is now incumbent upon all professionals. It is a Right and Obligation upon all of us, including those who manage our place of work, security in our home & community and in any of our social / public institutions, to ensure that these Human Rights are adhered to . Most importantly, it is an obligation upon ourselves, to protect ourselves, our children, colleagues and (vulnerable) others for who we have a duty of care, as soon as we recognise the potential, or actual failure of a duty of care, or entitlement, prescribed in Law, or as laid down in the Conventions that protect 'Rights'. This obligation requires us to report to appropriate authority and record, or have recorded, the failure of duty of care which infringes upon a persons Human Rights and any evidence that supports that failure. There is not an obligation to provide detailed evidence but it is advised that as much detail as possible is supplied, as it is possible that further failures of duty and process will put any evidence in jeopardy. Any delays and other failures in the process of a response, are further evidence of failure of duty. | NOTE: This Document is still at some stage of development. You are invited to respond and comment on its content and its logic. If you return to the document at a future date, you will be able to see its continued development, hopefully reflecting your own and others commentary. I thank you, in advance, for any contribution that you make. Please also feel free to visit and contribute, in any valid way, to these and other social issues, through our Forums. There is also a Chat Room and protected Chat Space for more serious group discussions and individual counselling. Please feel free o use this space for your legitimate activities. Copyright: Although you will see very few reference to other formal writings in this document, I acknowledge general recognition to the discussions and debates that I have had with students, practitioners and clients over the years. Most of the ideas and theory has evolved through this rather pragmatic process (operational research), rather than any formal reading. If any content of this document describes concepts, theory, or ideas that have been established else where, (prior to my writing, either here or else where - in part or in full), I acknowledge their entitlement to claim them as their intellectual property for financial purposes, if they can evidence this. I also reserve the right to retain them as my intellectual property, with due recognition to those who have made direct contributions, including other writers, should I identify such a past influences. Other than this, I invite you to share and copy any content, to the benefit of intellectual debate and the benefit of individuals and groups, without restriction, other than it be used for constructive purpose, in the wider context of my writing. Should you wish to use any material presented here 'as is', I ask that you then make reference to myself and the web site. The 'Reading Date' would be a useful 'publishing date' for the Current Edition. 1980 is the core publishing date for most of the basic ideas and theory (unless stated otherwise). This 'Reading Date' may be an important part of this 'reference', as the document (by its 'internet fluid' nature) will be constantly changing and this may affect meaning and interpretation, for those following up on such a reference at a later date. Thank you for your cooperation. TRC. eMail: terry.couchman@visitweb.org |
