Human Rights and Social Work

Running head- HUMAN RIGHTS AND SOCIAL WORK
Human Rights and Social Work
Name of the Student
Name of the University
Author Note
1.

1Human Rights and Social Work
Abstract
The various Human rights and the International Conventions protect the rights and the
safeguards the interest of the indigenous people and the individuals who are disabled. The
purpose of the report is to identify the issues that are necessary in order to understand the
requirements for the implementation of such policies that shall be introduced as a measure
that shall be implemented by the Organization. Further, the report discusses the various
legislations and guidelines that ensure such protection and help in the implementation of such
policies.

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Table of Contents
Abstract......................................................................................................................................1
Structure of the Report...............................................................................................................4
Discussion Section.....................................................................................................................5
Rights to the services by the Users............................................................................................5
Duty of care...........................................................................................................................5
Administrative law................................................................................................................5
Incorporation of the International Conventions....................................................................6
UN Declaration on the Rights of Indigenous........................................................................7
Various Aspects to be followed by Organization......................................................................8
Conclusion..................................................................................................................................8
Recommendation:......................................................................................................................9
Reference..................................................................................................................................10

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Structure of the Report
Human rights are considered as the guiding principles that reinforce the sections of
the society in order to ensure the rule of law and the fairness and impartiality of it. These
rights have embedded deep concerns among the governmental authorities as it helps in
uplifting one’s social scenario. As per the facts of the case, although Jen and Mick were
adults, they were not responsible and matured enough in order to take the responsibility of 2
kids, among which one was suffering from Autism. The reason behind it is the dark
background that Jen possessed all through her childhood, and she was deprived of the rights
that a normal child enjoys in a family. Due to such family background and pressure, she was
indulged into such activities out of need and not to impose harm upon others. Not only that
there were various contains due to which She was suffering from various emotional distresses
that affected her relationship with Mike resulting in the deteriorated behaviour of Mick
(Mullaly, 2010). Both of them were suffering due to the various societal problems around
them. These all constraints ended up in the unlawful conduct by Jen. Various international
conventions on the rights of the people who are disabled and the UN Declaration on the rights
of the Indigenous people protect and conserve the rights of such backward people and protect
their interest. The laws and the regulations state the equality in the eyes of the law, but there
are various instances where it is a major requirement for the understanding of the issues to
safeguard the interest of the people who are backward and in the utmost requirement for the
communal welfare. The main purpose is to identify the issues and determine that the services
that could be provided to Jen and her family so that the loss they would suffer shall be
minimum. It includes various community services that might help Jen and her family to guide
them and the children that shall ensure a prosperous future.

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Discussion Section
Rights to the services by the Users
Duty of care: The primary notion of duty of care is to identify the amount of risk and
accountability. The basic thought shall be what a person should have done in the following
circumstance shall be the notion. The legislative terms and the mechanisms used in the courts
are to determine the legal obligation of the person, but under this, the thought of a person is
the priority as under what condition such offences occurred. The duty of care is determined
the liabilities and the obligations of a person. In this case, although it was an obligation for
Jen to own the duty of care towards her children, it lacked the mental capacity of Jen. As per
the occurrences, Jen had a dark past for which she was not fit for the position to think about
the gravity of the offence and to understand what is right and wrong. He herself was
undergoing from various traumas for which she was seeking help from the community. In
order for that, she requires assistance and counselling that shall help her recover from the
agony and the traumas and move forward to a happy future. The Community centre shall own
a duty to protect such individual rights so that families like her do not suffer by the
legislations when they are already the victims of the societal situations.
Administrative law: The International law and the human right Division supports and
introduced various policies in order to take up the responsibility concerning various cases in
regards to the branch of Human rights. This provides a legal structure or background for
cases where the issues relate to the issues in regards to the domestic issues of a person.
Various International laws bring equilibrium through various human rights law that functions
globally (Flynn, 2005).
Confidentiality: The disclosures shall be following the legislation that shall help in bringing
the evidence for which Jen may get a community-based sentence. As the main reason behind

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the conduct of all the crimes were due to the dark past and the background that she possessed.
So her Act was not deliberate as she never got the chance to rectify herself. So the disclosures
shall be based upon the duty of care so that it does not impose greater harm to them as they
were already suffering from distresses. The Privacy Amendment (Private Sector Act) 2000,
provides the principles and the guidelines for the disclosure processes.
Australian Human Rights Commission Act 1986: This act ensures the rights and protects
the people in cases where there is discrimination based upon their sex, race, background or
religion. This enables the commission to formulate provisions that may protect the rights of
an individual who are deprived of their rights due to their cultural background or any sorts of
disability (Marsiglia & Kulis, 2016). Following this, the child Bessie had Autism for which
the legal procedure and the legislative forces can create pressure in their minds which may
impact their future. Various international conventions are present that supports the
community-oriented sentencing safeguards the positions of the parties and help them in the
rehabilitative procedure.
As per the conditions, Bessie required much care as a child with a disability and required the
support of the community as both of their parent were indulged into addictions that clearly
states that there was a lack of duty on the parts of both Jen and Mick in order to sustain a
proper life and provide it to Bessie. The utmost requirement shall be providing both the kids
with support from the community and provide a rehabilitative procedure so that Jen and Mick
can reform and move on from the past and sustain a proper life.
Incorporation of the International Conventions
Article 6 of the Convention provides that any women or girl with any sorts of
disability and various discriminations shall possess the measures that help them ensures the
human rights and they might be able to take the adequate measures in order to empower or

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develop such practice with the purpose to exercise the human rights. Under this, it can be
stated that Jen was deprived of all kinds of rights all her rights. From a very small age, she
suffered from various violence and was deprived of all the rights. She was raped when she
was little, never had the chance to receive a proper education, she was never treated well by
her family members and also she had many responsibilities upon her as a little girl. This
distress was the main and the sole reason for her present nature and involvement in crimes.
She was always deprived of the basic rights and never indulged herself into any reformative
measures as there was a lack of proper guidance (Rice, 2014). She and her husband both took
drugs which caused negligence and the lack of the duty to her for her child. Article 7 provides
that any necessary measures can be taken in order to ensure the basic human rights of a child
who are disabled. On that basis, they shall obtain the support of the community and the
sentencing shall be communal based. For that purpose, the effective procedure shall be
retributive measures for Jen rather than court sentences.
UN Declaration on the Rights of Indigenous
This rights safeguards the interests of the indigenous people and provide them with
the right to secure their livelihood with dignity in society. The basic rights that are guarded
under this provision are it prohibits discrimination upon all the grounds of the indigenous
people and provide them with the rights to ensure their sense of the social developments
(Swain & Day, 2014). This provides the right so that Jen could achieve at least a proper
standard of life that shall provide her with the change to reform and rehabilitate despite the
offences she was indulged into. The reasons behind the offences were her disparity as from a
child she was never treated properly and was always deprived of her rights. Moreover, it was
the lack o guidance and the mental disability that caused such occurrences. For such reasons
and occurrences, she must get the support for the community-oriented sentence. For any kind
of Organization, it is very important to maintain the confidentiality of the clients and the

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other person concerning the case. There are ten principles as per provided under the Privacy
Act that shall be kept in mind by the Organization in order to provide the information of any
person. Upon following such principles, the information of any client is disclosed. This
includes all private organizations that offer health services or other related services
(Kennedy, Richards & Leiman, 2013). The dealings shall be made in a way that is ethically
sound and does not affect the well being or breaches the trust of the client. So for that
purposes, they shall be eligible for the support so that the sentencing shall be communal
based and not custodial.
Various Aspects to be followed by Organization
The Organization shall be able to provide them with various services to Jen and her
family that shall further help them combat the situation. Jen may take help from the Marigold
Community Centre for the counselling sessions. Further, for the gambling problem, the
Penrith Lifeline Problem Gambling programs. The alpha community Housing Centre to
provide them with the housing services. Finally, for the children The Autism Early
Intervention and Therapy Centre at Westmead Children’s Hospital that may help Bessie to
provide her with the help for the Autism and Hannah a proper education and prosperous
future.
Conclusion
In conclusion, it can be stated that Jen shall get a chance for the reformative measures
as she suffered a lot in a past that is the result of the crime. Additionally, for the crimes, she
committed she shall be eligible for community-oriented sentencing rather than the legislative
process.

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Recommendation:
Following the duty of care towards the children and Jen’s family provide the
following services to them:
 Initiate counseling sessions under Marigold Community Centre for the counseling of
Jen and Penrith Lifeline Problem Gambling programs for the gambling problems she
suffered from.
 Alpha community Housing Centre to provide them the housing assistance.
 The Autism Early Intervention and Therapy Centre to provide Bessie with the therapy
sessions for Autism.

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Reference
Flynn, D. (2005). What’s wrong with rights? Rethinking human rights and responsibilities.
Australian Social Work, 58(3), 244–256.
Kennedy, R., Richards, J., & Leiman, T. (2013). Chapter 3: Law, ethics and other factors in
decision making. In Integrating human service law, ethics and practice (3rd ed., pp.
43–61). South Melbourne, Vic: Oxford University Press.
Marsiglia, F. F., & Kulis, S. S. (2016). Chapter 7: Social work perspectives: Social context,
consciousness, and resiliency. In Diversity, oppression, and change: Culturally
grounded social work (pp. 142–166). New York, NY: Oxford University Press.
Mullaly, R. P. (2010). Chapter 6: Internalized oppression and domination. In Challenging
oppression and confronting privilege: A critical social work approach (2nd ed., pp.
160–187). Don Mills, Ont: Oxford University Press.
Rice, S. (2014). Chapter 23: Courts and tribunals. In S. Rice & A. Day (Eds.), Social work in
the shadow of the law (4th ed., pp. 424–443). Annandale, NSW: Federation Press.
Swain, P. A., & Day, A. (2014). Chapter 21: Record keeping in social work practice. In S.
Rice & A. Day (Eds.), Social work in the shadow of the law (4th ed., pp. 392–405).
Annandale, NSW: Federation Press.