National Human Rights Consultation

Eastern Community Legal Centre encourages all community services, groups and individual residents in the Eastern Region to consider making a submission to the National Human Rights Consultation.The consultation process in Victoria that preceded the establishment of our Charter proved a most productive and important exercise in raising community awareness of human rights as well as achieving the positive outcome at its conclusion. Here we are again with another opportunity on a national level… Let the conversation begin!

Attached is a fact sheet produced by ECLC which provides information about the consultations to encourage community services to think about theirs and their community’s contribution to the process. Contributions can range from full submissions, to sending an SMS or joining a Facebook group!

Also attached is a feedback form providing an opportunity for services to contribute by submitting their stories for inclusion in ECLC’s submission. This form also has a number of useful real-life case studies to get people thinking about how human rights might be used in community services.

ECLC looks forward to hearing people’s thoughts about the process and about community services’ experiences with human rights. Please don’t hesitate to contact Amy Johnstone on 9285 4822 if you have any questions or would like to discuss things further.

ECLC National Human Rights Consultation fact sheet

ECLC National Human Rights Consultation agency feedback sheet

ECLC welcomes the anouncement of the National Human Rights Consulation

ECLC has welcomed the announcement of the National Human Rights Consultation. The Centre supportd the need for a Charter or Bill of Rights in Australia. Within Victoria, both the consultation process and the Charter itself have provided important opportunities to promote and educate the community about human rights.

ECLC’s Human Rights on the Festival Stage project (Fred’s Fair Play) has used sport and the arts to promote human rights to children and their families. The Centre is active in developing this education work in its community in a range of contexts.

Letter to the editor:
10th December 2008

WE are delighted that the Rudd Government has now announced a National Human Rights Consultation, led by a skilled and diverse committee. To date, the human rights debate has been dominated by two opposing groups-well-meaning lawyers who believe formal legal protection is essential, and anti-rights opponents who believe a bill of rights creates a lawyers’ picnic.

There is a way around both of these groups for the Government-minimise the legal aspect of the debate and replace it with the principles of fair play and good sportsmanship. In other words, to talk of human rights as Aussie Rules, something more analogous to a sporting code than a legal document.

The Government needs to ensure that the format of the review is accessible to ordinary Australians, with community consultations conducted within local sports and community groups and schools and submissions that are as easy to submit as footy tips.

Further, it is the Government’s duty to educate Australians to think of human rights as more than lofty, inaccessible ideals or regulations only lawyers understand. An elitist legal document without public education connected to fair play would ultimately have very little meaning to ordinary Australians.

Michael Smith and Tanja Kovac
Eastern Community Legal Centre
Box Hill, Vic

Open letter to the Commonwealth Attorney-General:
1st December 2008

Dear Attorney,

We understand that on 10 December 2008, the 60th Anniversary of the Universal Declaration of Human Rights, there is a strong prospect that the Rudd Government will announce a review into human rights protection in Australia. We also understand that the details of the review are still being finalised.

To date, the human rights debate in Australia has been dominated by two opposing groups – well-meaning, progressive people (mostly lawyers) who believe formal legal protection is essential, and anti-rights opponents who believe human rights protection is unnecessary and will merely create a lawyers’ picnic.

We believe there is a way around both of these groups, and the key is to minimise the legal aspect of the debate, and replace it with the principles of fair play and good sportsmanship. In other words, to talk of human rights as Aussie Rules, more analogous to a sports code, than a legal document.

As an active and progressive community legal centre, we are in a position to understand the limitations of turning something as important as human rights protection into a debate only about law reform. To do this would be elitist and have little meaning to ordinary Australians.

We believe that through the metaphor of sport, particularly the national game Australian Rules football, the need to protect the potentially nebulous ideals of human rights can be explained better to the community. For this reason we make the following suggestions on the format of the review:

1. Appoint a panel of eminent Australians to review human rights protection in Australia and receive submissions from the general public, ensuring that there is at least one high profile sportsperson known for their fair play on the panel. A sportsperson will give the panel accessibility and profile, while also emphasising the connection between good sportsmanship and human rights. Further, an indigenous person must be on the panel – an indigenous sportsperson of the calibre of Michael Long or Cathy Freeman would be even better.
2. Delegate responsibility for community consultation on human rights to National Sporting Bodies, ACOSS (and its state members) and schools. By funding local discussion forums through these organisations, the Government will hear from ordinary people, not just lawyers, academics and lobbyists.
3. Make submissions as easy as submitting footy tips. Submissions should be able to be completed online through guided prompts. People should be able to tick-a-box beside the rights they think are important.

While the review is important, we believe that human rights education – to children, young people and to the broader community – should be the paramount goal of the Rudd government.

Many of the arguments against formal human rights protection federally stem from a belief that we already have adequate human rights protection and anything more is unnecessary. If that is the case, then it is the Government’s duty to educate Australians to think of human rights as more than lofty, inaccessible ideals or regulations only lawyers understand. Instead human rights should be principles of fair play directly relevant to everyday lives.

That is why we have been working on ways to communicate about human rights in an accessible manner – through the metaphor of sport and the medium of the arts – and to deliver this education in a way that reaches out to people within local communities.

At community festivals throughout 2007, we presented interactive performances of Fred’s Fair Play, a play about human rights aimed at children and their families. The play combines sport, music and dance to highlight the importance of Fairness, Respect, Equality & Dignity (FRED). The project reached over 300 children and importantly their families.

While this stage of the project is completed, we are now embarking on a plan to extend the program into local schools – public, Catholic and independent. To date the whole project has been run for $5000. If the government prioritises human rights protection this term and indeed embarks on an education campaign, we hope that you might consider helping us continue this work and pilot it in other regions of Australia. We particularly think that the Human Rights are Aussie Rules Project would make fantastic links into young indigenous communities, where Australian Rules football is a respected vehicle for building young leaders.

Once again, while it might seem counter-intuitive for a community legal centre to suggest it, we advocate less involvement of lawyers in the consultation process, to ensure that human rights protection in Australia is not merely an exercise in creating an elitist, legal document that ultimately has very little meaning to ordinary Australians.

Tanya Kovac and Michael Smith

Tanja is a writer, lawyer and lobbyist for a human rights act. She is currently working on an education campaign for ECLC, Human Rights are Aussie Rules, using sport to teach young people about Human Rights

Eastern Community Legal Centre (ECLC) has celebrated Seniors Week with the launch of a guide to common legal issues that face seniors within Whitehorse entitled Older & Wiser, at the City of Whitehorse’s Seniors Week launch on October 8.

The 16 fact sheets in the guide cover the key legal issues raised by older clients contacting the Centre. Topics cover financial, family, neighbourhood and consumer issues. The guide was produced by ECLC with a community grant from the City of Whitehorse.

Everyone who attends the launch will be offered a free copy of the guide. The guide is also available free to be collected from Council’s Customer Service Centres and the Eastern CLC office in the Box Hill Town Hall Hub.

“Eastern CLC is delighted to offer this free guide as a resource to the seniors in our community.” said Michael Smith, Manager. “Many people in our community need to access legal information and older residents are often facing these issues for the first time.”

“Council was pleased to support this project that will provide basic legal information to older residents in our community and guide them towards support services when more help is needed,” Whitehorse Mayor Councillor John Koutras said.

“Older & Wiser also links well with our commitment to Seniors through our direct legal services and our partnership in Seniors Rights Victoria,” Mr Smith said. Seniors Rights Victoria (SRV) is a free service that has been established to help prevent elder abuse and safeguard the rights, dignity and independence of older Victorians. It operates regular services at ECLC.

Eastern Community Legal Centre’s quarterly newsletter Eastern Community Law is now available.

This edition features articles on:

• Mokbel impacts Dinner
• Rob Hulls visits ECLC
• Seniors Service Launched
• Recognising 10 years of Service
• YRIPP Update and more..

To download a copy, please click here: Eastern Community Law Winter 08 #7.

Eastern Community Legal Centre has welcomed the Attorney-General’s announcement of funding for the Centre’s family violence program.

ECLC was delighted to receive funding from the Victorian Government to continue and expand its Intervention Order Support Service at Ringwood Court. In partnership with Victoria Legal Aid and the Eastern Domestic Violence Service (EDVOS), ECLC assists clients at the Ringwood Magistrates Court with family violence related Intervention Orders.

The state-wide family violence CLC initiative was funded in the 2007/08 State Budget. The Deputy Premier and Attorney General, Mr Rob Hulls, attended a gathering at ECLC on Tuesday 13th May to officially acknowledge the work of the service. Joining Mr Hulls were MP’s, Councillors, Board Members, staff and supporters of ECLC.

Michael Smith, Manager of Eastern Community Legal Centre (ECLC), said they were delighted to welcome the Deputy Premier, the Hon Rob Hulls, to launch the service. “The Centre has a longstanding commitment to respond to family violence and the new funding greatly affirms that work. The State government has taken a number of positive initiatives to address family violence and these are certainly needed by our clients and community.”

“When people experience family violence, it is vital that there are clear legal measures that can be taken to ensure their safety and that of their children. It is also essential that there is support available to assist people through an unfamiliar legal process at a difficult time.”, Mr. Smith said.

In the past 12 months at ECLC over half of the legal advice and casework has been in Family Law and Family Violence, with one third of those specifically being Family Violence.

In Mr Hulls’ speech, he stated that the United Nations has continued to warn about the impact of sexual and family violence. Mr Hulls said that “sexual and family violence is a bigger threat to women and children than any other forms of violence”.

In response to the increase in family violence within communities, Mr Hulls said that the Government was trying to “improve the lives of families in and around the eastern suburbs. It’s about tackling, in our small way, a problem that continues to plague not just our community, but communities around the world.”

The Intervention Order Support Service operates on a Tuesday and Friday morning at Ringwood Magistrates Court. ECLC strongly advises clients to seek legal advice before they attend Court.

A new brochure has been released regarding this Service. For more information on how ECLC can assist you, please call the Box Hill or Boronia office.

To download a copy of the brochure, click here: IOSS Brochure PDF

A new centre, Seniors Rights Victoria, is operating at Council on the Ageing (COTA) Victoria will provide information, advocacy and legal services to older people who suffer abuse.

Sue Hendy, Executive Director of COTA Vic, has welcomed the initiative of the Victorian Government in providing funding through the Office of Senior Victorians and Victorian Legal Aid.

The service is led by Council on the Ageing (COTA) in partnership with the Public Interest Law Clearing House (PILCH), Eastern Community Legal Centre and Loddon Campaspe Community Legal Centre.

The new centre will provide telephone advice and referral, support and advocacy, and legal services to people who are suffering abuse and neglect in the community. Research has found that between 1 and 5 % older people experience some form of abuse or neglect.

A hotline 1300 368 821 has been established by Seniors Rights Victoria to provide one to one advice to people who are concerned about their own situation, and to family members or others concerned about some one they know.

“Callers may be ringing about financial, physical, emotional, or psychological abuse, or situations of neglect or mistreatment”, according to the manager of Seniors Rights Victoria, Julie Nelson. “Lawyers experienced in dealing with elder abuse will be able to provide telephone advice initially, and to talk through the options available to people”.

“Elder abuse is characterized by occurring within a relationship of trust, where the older person is relying on a family member or trusted other to act in their best interests”, according to Ms Nelson. “it is the abuse of this trust that makes it particularly difficult for people to decide what to do about it.”

Common situations may include the use of the person’s money without their consent; pressure to sign documents that aren’t fully understood; failing to get timely medical assistance ; or ignoring a person’s social needs.

The service will operate on 1300 368 821 between 10am and 5pm on weekdays from 28 April 2008.

For more information on Seniors Rights Victoria, click here.

Eastern Community Legal Centre’s Autumn Newsletter is now available.

Key stories include:

• FRED’s Fair Play at Festivals
• Social Security Outreach
• Changes to VLA Guidelines
• Seniors Rights Victoria
• YRIPP
• ECLC’s Next Steps and more

To download ECLC’s Autumn Newsletter, click here: Autumn 2008 Newsletter