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Charter of Individual Rights for People with a Learning Disability

For Learning Disability Wales to be effective and purposeful in its work we have set out a clear statement of values, which defines both the individual rights of people with a learning disability and the development of services focused on the individual.

We accept the declarations that the United Nations have made on Human Rights, on the Rights of Mentally Retarded Persons and the Rights of Children. These must form the basis of the assertion of any rights by people with a learning disability. We also acknowledge the importance of the three main principles set out in the All Wales Strategy for People with a Mental Handicap (Learning Disability). These assert that people with a learning disability should have:

  • the right to an ordinary life within the community;
  • the right to be treated as an individual;
  • the right to additional help and support in developing their maximum potential.

Building on the philosophy within the All Wales Strategy, we believe that every person with a learning disability has a right to:

  1. Develop their physical, social, emotional, spiritual and intellectual capacities to the full.
  2. Individualised education, training and support.
  3. Empowerment over every aspect of his or her life.
  4. Enjoy conditions in their everyday lives which are culturally valued in their local community.
  5. Be enabled to be of service to the community.
  6. Economic security and a decent standard of living.
  7. An independent pattern of living.
  8. Express their own views or speak through an advocate.
  9. Opportunities to reappraise their needs and wants.
  10. Play a full and continuing role in planning the services they receive.

Where any curtailment of an individual's rights are necessary, the means chosen must be the least restrictive of available alternatives.

The Individual and Services

We believe that the planning, management, delivery and review of services must be characterised by the following:

  1. People with a learning disability have a right to be full partners in the planning, management, delivery and review of services.
  2. People with a learning disability have the same right as other members of the community to services which support a reasonable quality of life.
  3. Services should promote independence and encourage individuals to make their due contribution to the life of the community. Choice and risk taking should be seen as an aid to personal growth.
  4. Services should promote maximum physical and social integration through the participation of people with a learning disability in the life of the community.
  5. Services generally available to all members of the community should be adapted to ensure access by people with a learning disability.
  6. Specialised supplementary services should be provided only to the extent required to meet individual needs.
  7. Services should be sought for the individual on the basis of an inter-disciplinary and inter-agency assessment of needs and wants.
  8. Services to people with a learning disability should be provided in such a manner that an individual need not move out of his or her local community or travel inordinately long distances to the services needed.
  9. It is in the best interests of people with a learning disability and their families that no single organisation providing services to them excercises control over all or most aspects of an individual's life.
  10. All services should be subject to systematic internal monitoring and external scrutiny.