The specifics of human rights principles are outlined in many laws, covenants, charters, declarations and vary slightly according to jurisdiction. A list of quotations from some of these charters is in the section on this site labelled ‘laws”.
Here is a compiled list of such human rights. Starred are those with particular application to caregiving.
Over the centuries the list of fundamental rights and freedoms has shifted and been enlarged.. Many courts look not just at the enumerated areas but at what it can be assumed is also intended, analogous grounds. For instance discrimination based on pregnancy may not be itemized itself but is often deemed analogous to discrimination on the basis of gender and is ‘read in’. The effect then is that discrimination based on pregnancy is also prohibited.
Nations share many of the same basic rights but some have expanded on them. For instance, New Zealand identifies ‘family status’ in the list of prohibited grounds of discrimination but in the US that is not a category and neither is it is most of Australia. In Canada the provinces differ on whether they identify family status as a prohibited ground for discrimination. Similarly there is discussion in some countries of expanding the list to include banning discrimination on source of income, discrimination based on poverty. These are ongoing discussions.
The rights globally are listed here grouped in three categories:
a. Rights of all people
b. Rights of care receivers and children
c..Rights of parents /caregivers
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RIGHTS OF ALL PEOPLE
freedom from discrimination based on income, wealth, property
freedom from discrimination based on source of income
freedom from discrimination based on age
freedom from discrimination based on family status
*the fact of being related by blood or marriage to
others in the home should not disqualify a person from
recognition of the value of their work there
freedom from discrimination based on gender, sex, sexual orientation
*historically female roles are not lesser than historically male roles
freedom from discrimination based on language, dialect, accent
* no person is subservient to another because of language
freedom from discrimination based on marital status
* the fact of marriage should not disqualify a person from
recognition of the value of their work in the home
freedom from discrimination based on minority status
*regardless of whether a person hires a stranger to provide
care or provides it themselves, they have equal rights to
any government funding available for caregivers
* regardless of numbers in the population who provide care
of their own family members, whether they are the minority
or the majority, they deserve equal government funding
freedom from discrimination based on nationality, place of origin
* no person is subservient to another because of nationality
freedom from discrimination based on physical or medical challenge
freedom from discrimination based on political opinion, belief, conviction
* legal decisions about lifestyle, marriage, care of others are personal
decisions akin to political and deserve no interference from the state
to favor some options over others.
freedom from discrimination based on political status
freedom from discrimination based on race, color
*no person is subservient to another because of race or color
freedom from discrimination based on religion
*legal decisions about lifestyle, marriage and care of others
are strongly held convictions akin to religious convictions and
are protected rights the state cannot dictate or favor
freedom from discrimination due to pregnancy, breastfeeding
*at the paid workplace employers must accommodate these functions
in reasonable ways
*those who are pregnant or breastfeeding are not obliged to do paid
work during these intervals and have the right to societal recognition and dignity
since these roles are part of vital care of the young
freedom of association
*those who join labor unions as a condition of their paid work
have the right to have their views on issues of caregiving
specifically sought and voted on before being represented as
their views
freedom of expression, free speech, freedom of the press
* the views of unpaid caregivers have a right to be heard in any discussions
of care of the young, sick, handicapped, frail elderly or dying
* legislators have an obligation to consult the care sector when formulating
laws that affect care
freedom of peaceful assembly
freedom of religion, freedom of worship
*the legal prayer, holiday, celebration, diet and calendar rituals of a religion
must be respected and accommodated in society and since they vary widely
it is not reasonable for the state to assume at any given setting only on religion
represents the religion of all
freedom to form a family
* freedom to choose who you love, who you commit to in a mutual
relationship of love and emotional support
freedom to free and full consent for marriage by intended spouses
freedom to travel, relocate, freedom of movement
*the caregiver who relocates to provide care of another must be
respected for the inherent sacrifice
* the state recognizes and law enables such relocation when
there is an urgent care need in the family and ensures such
care is assisted financially in cases of need
right to a living wage, basic income
*though the traditional care role in the home is unpaid,
it is entitled to financial recognition and support provided
either through income splitting or government support
or both, to ensure that the caregiver has the financial means
to be able to provide basic needed care
right to be considered innocent until proven guilty
*the caregiver and those receiving care have the right to freely enter
into their relationship, and to decide amongst each other what roles
need to be filled and who will do them and how much. The state
cannot rightfully assume that either gender is less competent at
domestic, care or volunteer roles and must not create legislation to
assume that citizens must be pressured to have a certain sharing
of roles
right to be consulted in formation of laws that concern them
*the care sector includes not just paid formal settings, daycares,
nursing homes and institutions but also the home, and not
just paid staff but family who provide care. All have the right
to be consulted, all are stakeholders and all have expertise in their
area when government is formulating laws that affect care. Having
conferences, panels, and consultations that exclude or omit the unpaid
care sector is a violation of this right.
right to be seen as a full person before the law
* the caregiver has historically been seen as lesser, the wife of lower
status than the husband and this is a historical unfairness that is
addressed by the right stated here. Spouses have the right to
their own name, to make statements of their own in a court of
law, to vote and express opinions of their own and to enjoy all
the other rights herein, without obligation to consult the spouse
or implication that their views are those of others in the household
right to choice of employment
*the full range of career and work options must include the caregiver
role in the home, full or part time, for months or years as the person
desires, with full dignity. This role is to also be considered doing
useful care work
right to dignity
*the caregiver has the right to be counted in labor force statistics
even if unpaid, as doing useful work in the economy
* the caregiver has the right to be considered useful, productive,
a contributor to wellbeing of society and to not be looked down
on as unproductive, unemployed or not contributing
right to equal benefit under the law
* any funding government provides for care of the young, sick,
handicapped, frail elderly or dying, that is directed to care by
a third party to the family must be equally available for the same
type of care if provided by a family member
* any government funding for costs of daycare, nursing home
care, care of the disabled that flows to the 3rd party care institution
or to the family as deductions or credits for using that care style
must be paralleled with funding for care at home for those
who prefer it
right to equal pay for equal work/ equal pay for work of equal value
* the work of the paid caregiver must be consistent with the value
of the tasks performed in other sectors so that care of a human
is not of less value than care of an animal or a machine
* the pay given by government funds to the caregiver in an institutional setting
should be matched by similar financial recognition for the
care role provided at home by a family member
* the financial recognition of caregiving should be equal
regardless of the gender or marital status of the caregiver
-the financial recognition of caregiving should be equal
regardless of the blood or marital relation of the caregiver
to the care receiver – so that the task defines the pay, not
the identity of the people involved.
right to equal treatment whether male or female
right to equality before the law
right to fair taxation
* the taxation of those who provide care must not make the
care role unaffordable and must give it dignity and ability
to function
* equally earning households, identically configured with the same
ability to pay tax, must pay the same tax as each other, regardless
of who is doing the care role or how much it is shared between members
right to have birth registered
right to identity, name, nationality
right to just remuneration for work
*all legal work performed to benefit others has a value in society
and in the economy, even if it historically has been an unpaid
role providing care of another. The caregiver may provide care
out of love and not for money but if there is financial hardship so
that the care cannot be provided for lack of money, the state has
an obligation to ensure that funding the state provides to a third
party outside the family could also be given to a family member
to do the care role
right to liberty, freedom
* no caregiver should be forced to provide care and the care role
should be voluntary. However the state ensures that the vulnerable are
entitled to care so there are legal obligations for family members
to ensure care is provided. They may provide it themselves, or
through another family member or by hiring a third party.
right to life
right to motherhood
* a parent takes on a vital role in society to create part of the
next generation, to perpetuate the community and ensure the
long term stability of the economy. The decision to be a mother
is voluntary. However those who make this decision take on an important
commitment and are to be valued in dignity and in accommodations
for their basic needs so they can perform this function
right to privacy
* the caregiver has freedom to choose legal means to provide
care depending on the needs of the one needing care and the
skills of the one providing it. The caregiver is to be supported
in the role and to have their judgment trusted unless there is
evidence to prove they are not worthy of this trust.
They have the right to privacy in the home, without government
surveillance, inspection or interference in daily functionning
but are nonetheless subject to the legal requirements of ensuring
the rights of the person needing care are met..
right to protection of the law
* the caregiver is entitled to protection of their own rights
and is also a protector of the rights of the one for whom they
provide care, to ensure that person also enjoys the protection
of the law
right to security, safety
right to social security
* the care role is historically unpaid. However it is not a role of
laziness or inactivity or selfishness and those who provide care
of others are not objects of pity or charity. The right they have
to social security ensures they are treated with dignity for what they
do and is not a handout.
right to social support in times of illness, loss of paid job, old age
* the caregiver is also subject to times of needing care
themselves. They may not always be able to provide care of
others. When they are not able to provide this care, they have
equal rights with all other citizens to financial support for
their medical costs, right to leisure, right to a pension
right to state protection for the family
* the state’s role is to enable family members to be together
where possible and not to focus on how to fund them
preferentially if they are apart. The state should not
encourage use of 3rd party care preferentially over
care by family members and should remain neutral
in decisions of who is the caregiver, funding the role
itself. If the state is to show a bias, it is according
to international conventions, to favor the family
being the caregiver.
RIGHT OF CHILD / CARE RECEIVER
duty of child to respect parents and elders
* the parent is the first tier of education, health care
and the justice system in society. The child should be
trained to respect parents as first models of respect
for societal laws and standards.
freedom from emotional or mental abuse and cruelty
* the child is vulnerable and deserves special
protection. The ones who are most attuned
over time to the personality and needs of a given
child are the parents. They should be assumed
to be knowledgeable and must be consulted
in any decisions based on their insights into the
best interests of the child.
freedom from exploitation
*the child is vulnerable to being easily used
as a target for consumer purchases, as a cheap
or unpaid worker, as an object of sexual exploitation
and as an unknowing assumed advocate for
issues about which the child knows little. The
child has a right to protection from all these exploitations
and the caregiver has an obligation to ensure that this
right is met. To do so does require that the caregiver
be present much of the time, aware and able to monitor
the wellbeing of the child. This does mean that supervision
of a young child is an ongoing need and that adequate supervision
of even an adolescent child is also vital to ensure the child’s
enjoyment of this right..
freedom from fear
* a key fear of the young is fear of abandonment. The elderly
often fear they are forgotten. The fear of strangers and
fear of not having needs met are fears that those who need
care should not have to deal with. The caregiver and the state
have an obligation to ensure that the one needing care is secure
in the continued affection and frequent presence of those who
love them, and secure in the knowledge their essential needs
will be met. To ensure this right is met, caregivers are to be
given adequate time and means to be able to provide this
reassurance.
freedom from neglect
freedom from physical abuse and cruelty
freedom from poverty
*child poverty and poverty of the elderly especially of elderly
women and poverty of the handicapped, are all ongoing challenges
all related to those who need care. The status of needing care should
not also be a reason for having to live below the poverty line. The
state has an obligation to create a tax system where family
can provide care of their own members to ensure there is no
poverty and the state has a duty to subsidize this support in cases of
need.
freedom of movement
* people needing care often have fewer options about travel
and movement, However they have a right to have input into
decisions about where they spend their time. The very young
have a right to spend time with those whose company they
enjoy and not to be forced to spend long time with strangers.
The elderly have the right to be located in a setting or community
near those they love to ensure ease of visiting so their emotional
support needs are met.. Seniors have a right to choose to
age in their own home with necessary supports rather than moving
to an institutional setting and government funding for care should
follow the senior or handicapped person and not be conditional
on location.
freedom of speech, expression commensurate with maturity of child
right to adequate financial security
right to adequate food, nutrition
right to adequate housing, shelter
right to an adequate standard of living
right to be raised in a family
* most conventions of human rights recognize the need for
permanent, dependable support from someone else,
for practical and emotional needs of the vulnerable. Though
the state can provide emergency back up to meet some of those
needs, most international conventions recognize that the family
provides such support historically and effectively . To let the
family function and be the support network for its members reduces
the cost to the state of funding professional level supports.
The state therefore has an obligation both for citizen wellbeing
but also for its own economic stability to ensure that the first
level of support of citizens can function- and therefore the state
has a duty to provide a tax system and financial supports that
respect the family, however it is configured for individuals concerned.
right to be raised in a healthy and safe environment
right to be raised in a natural environment
* the right of the vulnerable to contact with nature, plants,
gardens, trees, fresh air not just in four walls and confined
to buildings is outlined here. Where absence from nature
is unavoidable, exposure to what benefits it may still provide
such as sunshine, open windows, adequate humidity
presence of flowers, plants, visits from pets, also
are emotionally helpful to the vulnerable.
right to be raised in an atmosphere of happiness and understanding
right to care by parents
* though any adult with skills can provide the technical role
of care provider, to feed, clothe, dress, instruct the vulnerable,
there is another element of care that is vital and that is positive
emotional connection. The child has the right to care by someone
who loves the child, is emotionally bonded to them and who has
an instinctive desire to ensure the wellbeing of the child. The
parent is historically someone with that level of commitment
and most international conventions identify the parent as a key
caregiver for the child. Where the parent is not available, another
relative with a similar permanent love attachment such as grandparent
or aunt, or even a trusted friend or long term hired caregiver such
as a nanny may also have that love connection. However the paid
stranger or series of strangers, changing every few months or years
does not provide this emotional sense of security or bonding that
is vital to a child so most international conventions do identify
family-based care as preferred.
right to care in an atmosphere or love and affection
right to emotional security, protection from predators
right to equal and easy access to appropriate medical care in case of need
right to equal benefit under the law with other children
*the states that have recognized the needs of children to
care often have done so only to enable parents to have
paid work. Funding directed only to parents with paid work
as they use 3rd party care are common but when the funding
flows only to children in that care setting, those children
at home or in care of relatives are deprived of equal funding
under the law. That inequality violates the right .
right to equal treatment with other children
* children are very sensitive to inequality as they insist
on sharing and equal benefit and equal privilege with each
other. The child of wealthy parents has an inherent advantage
over the child of parents in poverty in terms of clothing,
housing, entertainment and travel options. However the state has
an obligation to itself treat all children equally, to fund them
equally and show no favoritism. It therefore has a duty to
fund children in all care settings the same, whether they are at home
or with sitters, nannies or at a daycare. If the state is to show any
preferential funding in most nations it is to provide extra
funds to the handicapped to enable them to rise to the
same access rights of the other children and reap equal
benefit. If the state does show any favoritism between children
it has a duty to favor those most in need, to have extra
funding based on household poverty. It is not fair under
this principle for the state to simply favor some children
based on location of care or lifestyle of parents.
right to free basic education
* the historical right of all children to learn to read
and write, to do math and learn basic skills has been
expanded in most nations to the right to schooling to
ages 16-17. This education is free, paid for by the state.
However the earliest education, even more basic
than reading and writing, is learning to crawl, walk,
use a cup, use a spoon, talk, share, take turns, and
to get answers to the thousands of questions children
ask. The earliest education is historically provided in the home and
by parents and relatives. That style of education adapts to the specific
and unique developmental stages, interests, aptitudes, of each child
and it is not possible to do it en masse, in large groups all at the
same time. Noticing this earliest education and its very intense
and one -on-one demands, does create for the caregiver a need
for significant time to devote to the role. The duty of the state
is to ensure that the caregiver has the time and financial means
to provide this first level of education or to hire someone else
to provide it one on one . If the state funds only 3rd party
care in large groups for the very youngest children it violates
the right to optimal education at the earliest stages.
right to have child’s best interests the primacy consideration in decisions affecting
right to have decisions made in times of vulnerability by someone who loves child
right to have state protection to ensure these rights are met
right to identity and to know both parents unless there is risk of harm to the child
right to identity and to know personal and medical history
* the child who is adopted, separated from birth parent or parents
or from a home where there was parental separation or divorce has
nonetheless the right to know who they were, to know about
their personal and medical history in order for the child to fully
know its own personal and medical history.
right to identity, a name, a nationality
right to know parents and family
right to learn the culture and legal values of the parents
* the child’s identity is partly linked to the parents’ culture and
what they wish to convey to the child about traditions and
lessons and values that matter to them. If the state preferentially
funds care away from parents, and does not equally fund
care by parents or care in the same cultural milieus parents
chose, it violates this right. Since most large group care of
children cannot practically ensure all cultures and traditions,
diets and religions are simultaneously practiced, it is the
duty of the state to ensure funding goes to parents so they
can set up care plans that do meet their preferences for such
instruction including care by parents in the home.
right to learn one’s language of birth, of parents, mother tongue
* part of the child’s identity and ability to communicate
with others depends on learning the language of those
taking care of the child. If the child is put into large
group care where the caregiver’s language is not that of
his parents, the child may not be able to enjoy the right
of learning maternal tongue as quickly or easily. Though
children are capable of learning several languages, and
parents often do want their young to learn the language
of the dominant culture of the community so they can
get jobs and thrive, the state has an obligation to not
preferentially fund only being away from the mother
tongue instruction. Parents have the right to freely choose
which languages to teach the child and when.
right to love and understanding
right to medical services, necessary medical care
right to not be forced to earn money
* The state has an obligation to ensure children have a right
to education and to play and to childhood, free of financial
obligations. Ensuring this right however does require that the
state set up a tax system where parenting receives some financial
assistance since having children reduces ability to pay tax.
In households where older children and teens are taught lifeskills
such as on the family farm or in the family business, their work
there may be remunerated by the family in money or in
possessions but the child must not be forced to do work in
order to be able to benefit from the other rights such as to food
and housing and security. The child’s right to an education
must not be violated or put at risk even if the older teen has
a part -time paid job.
right to not be separated from parents against their will, except if court rules
such separation is in the child’s best interests
right to opportunity for physical, mental, spiritual, moral, social development
right to parental guidance
right to play, recreation, leisure
right to privacy commensurate with maturity of child
* the need to feed, clothe and keep clean the young child makes
it impractical to speak of full rights of privacy of the child. However
the child at any age has the right to dignity, to no sexual interference
and to free expression of likes and dislikes, to have an opinion
about what toys to play with or foods to eat. The child has the
right to personal possessions and to learn how to share. The older
child and teen have growing rights to privacy of their personal
body except in medical distress where they may need medical help,
and the right to privacy of their belongings diaries, living space
and activities but parents have the right and duty to ensure the
child is protected from harm. This means that the parents have the
right and duty to know who the child is associating with, where they
are, what the are doing and to monitor and on some
occasions restrict their activities. The parent has a right
and duty to ensure that the child is protected from exploitatiou
or exposure to drugs or gang membership or underage drinking
that may cause the child harm.
right to protection, physical safety, security
right to respect and no attacks on honor
right to security and safety supervised by responsible adult at all times in early years
right to social security and social assistance
* the child has the right to feel no worries about getting adequate food
or clothing or housing to survive. The child has the right to security
emotionally to always feel loved and protected so they can play and
learn freely. The child has the right to the family’s funding to enable
this security and the state has a duty to ensure a fair tax system so that
the family can provide it. In cases of financial distress the state has
an obligation to provide additional financial help to the very poor
but this also should be at the discretion of parents about how best
to spend it. Requiring parents to use the money only on inspected
receipted purchases is a violation of trust of parents and an invasion
of privacy. If governments address problems of severe poverty of
children by funding 3rd party daycare for them having the funds
directed without parental option for care choice, deprives the child
of the right to parental care, a right which should not be denied
simply due to poverty. The state has a duty to help the poor but
not to force on them certain lifestyles.
right to special state protection in case of deprivation of family environment
right to state help to find alternate family care if child is parentless of deprived of family
right to state taking all necessary means to trace and reunite child with parent or relative
RIGHT OF PARENT / CAREGIVER
duty to ensure best interests of child
duty to ensure child can enjoy its rights
duty to provide guidance and direction of child
equal responsibility of both parents for the upbringing of the child
* since all children have two parents by birth,
those parents have a right to know this offspring
and the child has a right to know them.
The decision of who takes care of the child is one that
can be made between the two parents and if they
disagree, by the courts, recognizing the legal right
of each parent to be part of the life of the child.
Historically the parents both have obligations to
ensure the wellbeing of the child and this wellbeing
is not solely dependent on money. Someone also has to
provide the hands on care of the child and the supervision
much of which care is historically unpaid. The idea that
both parents have an obligation to support the child
is not solely therefore about each providing money for
the contribution of one of them may be work in kind,
not cash. but the care role itself. The decision
of financial support of the child must also value
equally the emotional and practical care of the child
as its share, equivalent to money.
equal rights of both parents to decide about care of children
freedom to choose how to raise children, values, culture, religion
freedom to form a family
* given the needs of children for affection and the
rights of the child to be raised in an atmosphere
of stability and love and family, the parent has a right
to set up this family and to being an ongoing presence
in the life of the child. The state has an obligation
to respect this right and to enable family members
to have time together, and to not preferentially fund
and therefore favor care of family members only if
they are apart. The state has an obligation to fund
children wherever they are if it funds any, and
to if it does provide preferential funding for
any care style, should favor care by a family member,
consistent with the rights above..
responsibility for upbringing and development of child
right of parents to state assistance as they meet their childrearing responsibilities
right to choose how children will be cared for among legal options
* parents who have enjoyed and insisted on the right
to have a child or to use birth control and not have a child,
the right to choice about abortion, the right to choice about
raising the child or putting it up for adoption, the right to
adopt or foster a child, do not have any right to abandon
a child. The rights are limited by obligations also. However
parents have the right to choose who takes care of the child,
the identity of the caregiver, and to ensure the care is
with the language, values, religion, discipline and
other style they approve of. They have the right to provide
care of the child themselves, or to enlist help of
another family member or friend or to pay a third party
to provide the care, a babysitter, nanny, daycare worker.
The range of choices should be wide and the duty of the state
is not to show favoritism for any of those options but to
equally fund them so parents have free choice as
befits their needs, the needs of the child and their
current circumstances.
right to be considered innocent until proven guilty
* the parent is under legal obligation to provide the necessities of life
for the child, to adequately supervise and protect and to ensure
the child’s basic rights are met. The parent is under scrutiny and
at risk of losing custody of the child or access to the child or
even to face criminal charges should the parent be derelict in
meeting these responsibilities. The parent therefore is already
subject to the law and it is not reasonable to assume that the
parent is likely to offend or not trustworthy by definition. When government
funds birth bonuses, child credits or dependent deductions, family
allowance or creates other tax measures such as household base tax
it has the duty to trust parents in how they will use this funding, much
the same as an employer does not monitor how an employee spends
salary. Any state policy that funds only professional caregivers
and mistrusts parents as if the care the provide is not regulated
or standardized and therefore cannot be easily monitored, fails to
ensure the right to being trusted, and fails to recognize the
ways that parents already are under significant legal obligation.
Funding that flows to the parent and follows wherever the
child is is fair use of this right while government funding only
to one care style- daycare – is not. right to material assistance from the state for housing, clothing, food for child in need
right to respect from the state for the responsibilities and duties of parenting
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Equality and Caregiving 