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Keynote Presentation4th National Conference Of TheDisability Advocacy Network Of Australia

(DANA)Canberra, Australia, May 1, 2012

By: Michael J. Kendrick PhDKendrick Consulting Intlwww.kendrickconsulting.org kendrickconsult@attglobal.net

The Importance Of The Presence Of Independent Advocacy

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1) a person who publicly supports or recommends a particular cause or policy

2) a person who puts a case on someone else’s behalf

3) a professional pleader in a court of justice

Oxford Dictionary

Definition Of (Social) Advocacy

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“It is not enough to be compassionate. You must act.” Tenzin Gyatso

“Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world...would do this, it would change the earth.” William Faulkner

“We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.” Elie Wiesel

Why Advocacy?

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A “Social Institution” Refers, For Advocacy Purposes, To Any Entity Operating In The Public Domain With Public Resources That Purports To Provide Support, Benefits Or Other Such Assistance To Eligible People e.g. Services, Agencies, Systems, Bureaucracies, Governments, Corporate Bodies, Insurance Schemes etc.

Definition Of A “Social Institution” That May Be Subject To Social Advocacy

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It Is Not Uncommon For Advocacy To Be Dismissed As Being Unnecessary As Well As Problematic, Particularly By The Potential Targets Of Interest Of Such Advocacy

Many People May Be Susceptible To This Appeal Based Upon The Insinuation That Advocates Create Avoidable Troubles Simply By Acting In Their Advocacy Capacity

The Importance Of The Presence Of Independent Advocacy

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It Is Certainly True That Many Advocates Have Used Their Advocacy Role In Ways That Have Been Unnecessarily Troublesome And Have Made Some Matters More Difficult And Unproductive Than They Need To Have Been

Consequently, It Is Not Unfair To Criticize Specific Advocates For Such Conduct

The Importance Of The Presence Of Independent Advocacy

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The Criticism Of The Conduct Of Advocacy Needs To Be Distinct From A Discussion Of The Merits Of The Existence Of Advocacy Itself

The Remedy For Poor Advocate Conduct Is Improved Advocate Conduct…… Not The Elimination Or Banishment Of The Institution Of Advocacy Itself

The Importance Of The Presence Of Independent Advocacy

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Granting Social Institutions An Exemption From Being Monitored By Advocates Effectively Deprives All People Reliant On That Institution Of The Capacity To Be Assisted To Challenge Its Conduct Thereby Weakening Their Ability To Protect Their Legitimate Interests

Such Exemptions Also Further Enables Social Institutions To Avoid Accountability For Their Actions

The Importance Of The Presence Of Independent Advocacy

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The Rationales For Why Advocacy Should Exist Merit Careful Examination Given That The Exclusion Or Banishment Of Advocacy Is Often Proposed As A Remedy

Effective Independent Advocacy Needs To Exists Because Human Beings Are Vulnerable To Being Mistreated By Both Other People And Social Institutions More Generally

The Importance Of The Presence Of Independent Advocacy

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Effective Independent Advocacy Acts As An Independent Force That Can Challenge The Conduct Of Social Institutions And Seek Appropriate Remedies When Misconduct Or Poor Judgment Occurs

Effective Independent Advocacy Does Not Require The Authorization Of The Social Institution i.e. It Occurs Because Of Independent Determinations Made Independently By Advocates And Those They Support

The Importance Of The Presence Of Independent Advocacy

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Effective Independent Advocacy Has As Its Primary Obligation The Upholding Of The Rights, Wellbeing And Interests Of People Who Have Already Been Or Might Be Hurt Harmed Or Otherwise Damaged By Either People Or Social Institutions

This Role Is Even More Important Should The Person That Is Harmed Be Unable To Advocate Effectively On Their Own Behalf

The Importance Of The Presence Of Independent Advocacy

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Social Institutions Always Have Agendas And Interests They Pursue That Are At A Variance To Those Of Vulnerable People.

Social Institutions Frequently Deny That Such Agendas Exist And That These Have Been Or Could Be Harmful

Though Social Institutions Claim That The Service User Always Comes First This Alleged Priority Does Not Occur In Practice

Why Social Institutions Cannot Be Relied Upon To Properly Protect Vulnerable People

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Social Institutions Routinely Claim That Their Intentions, Conduct And Performance Are Blameless And Meritorious When They Are Not

Social Institutions Do Not Usually Welcome Their Shortcomings And Their Harm Of Vulnerable People Being Identified And Challenged

Social Institutions Have Even Been Known To Conceal Their Misconduct In Order To Avoid Criticism

Why Social Institutions Cannot Be Relied Upon To Properly Protect Vulnerable People

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Social Institutions Are Not Infallible And Can Be Routinely Expected To Perform Poorly On Many Important Matters (As Opposed To Such Failings Being A Rare Exception)

These Failings Can Have Significant Harmful Impacts Upon The Lives Of Vulnerable People

Many Failings May Be Believed To Be Virtuous And Beneficial By Those Engaged In Their Enactment

Why Social Institutions Cannot Be Relied Upon To Properly Protect Vulnerable People

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The Fact That Social Institutions Can Have Impressively Honorable Persons In Roles Of Authority Does Not In Any Way Diminish Their Inherent Fallibility

All Social Institutions Have People Whose Conduct Can Be Harmful

If Such Failings And Their Impact On People’s Lives Are Not Challenged And Remedied Vulnerable People Will Pay A Meaningful Price

Why Social Institutions Cannot Be Relied Upon To Properly Protect Vulnerable People

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Many Social Institutions Have Demonstrated Repeatedly That They Do Not Acknowledge Their Harmful Failings Nor Do They Reliably Remedy Such Shortcomings Until They Are Under Substantial Pressure To Do So.

Many Social Institutions May Actively Resist And Block Efforts To make Them Accountable For Their Harmful Conduct

Why Social Institutions Cannot Be Relied Upon To Properly Protect Vulnerable People

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Not All Advocacy Exists In An Independent Enough State To Ensure That It Can Provide Effective Advocacy So The Distinctions As To What Makes Advocacy Suitably Independent In Order To Be Effective A Crucial To Specify

Advocates May Compromise Their Independence Through A Variety Of Factors

When Is Advocacy Independent?

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The Independence Of Advocates Is Compromised When Advocates Have Obligations To Other Parties That Trump Their Obligations To The Vulnerable Person.

The Independence Of Advocates Is Compromised When Advocates Have Affiliations With Other Organizations That Limit Their Ability To Advocate Such As When They Themselves Are Part Of Systems That Might Harm Vulnerable People

When Is Advocacy Independent?

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The Independence Of Advocates Is Compromised When Advocates Do Not Recognize And Conduct Themselves With Complete Clarity That Their Singular Obligation Is To The Wellbeing Of The Vulnerable Person

The Independence Of Advocates Is Compromised When Advocates Are Financially Dependent Upon Parties That Do Not Support The Independence Of Their Advocacy

When Is Advocacy Independent?

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The Independence Of Advocates Is Compromised When Advocates Do Not Act With Independence But Instead Defer To Parties That Weaken Or Betray The Interests Of Vulnerable Persons

The Independence Of Advocates Is Compromised When Advocates See Their Role As Conciliators Rather Than Principally As Advocates For Persons Who Are Vulnerable

When Is Advocacy Independent?

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Advocacy Is Effective When The Advocate Has And Remains Exactingly Faithful To Positive Principles About How Human Beings Should Be Treated

Advocacy Is Effective When The Advocate Is Willing To Bear Witness And Challenge The Dark Side Of Our Nature, Our Communities And Our Social Institutions

When Is Advocacy Effective?

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Advocacy Is Effective When The Advocate Understands, Acts Upon And Is Accountable For The Best Interests Of Those They Claim To Speak On Behalf Of

Advocacy Is Effective When The Advocate Advocate Perseveres Until The Needed Outcomes Are Achieved

Advocacy Is Effective When Advocates Support Remedies That Optimize Benefits Rather Than Simply Improve Matters Incrementally

When Is Advocacy Effective?

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Advocacy Is Effective When The Advocate Recognizes That Advocacy Is Not About Winning At All Costs With No Regard For Facts, Truth And Fairness

Advocacy Is Effective When The Advocate Does Not Celebrate Conflict And Division But Holds Out For Whatever Responsible Reconciliation and Restitution Is Feasible

When Is Advocacy Effective?

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Advocacy Is Effective When The Advocate Searches For Visions Of Authentic Improvement i.e. Engages In Vigorous “Imagining Better”

Advocacy Is Effective When The Advocate Advocates Know And Acknowledge The Difference Between Their Own Voice And That Of Those Whom They Claim To Represent

When Is Advocacy Effective?

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Advocacy Is Effective When The Advocate Is Skillful In Negotiating And Resolving Important Differences Such That The Vulnerable Person Prevails And Benefits

Advocacy Is Effective When The Advocate Leaves Matters Better Than They Found Them Advocacy Is Effective When The Advocate Has Values And Principles That Are Advanced, Enlightened And Progressive

When Is Advocacy Effective?

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When Advocacy Is Independent Of Social Institutions It Is Free To Act To Uphold The Interests Of Vulnerable People

The Social Institutions That Have The Potential To Inflict Harm On Vulnerable People Ought Not To Have Say In Whether Advocates Can Act To Challenge Them i.e. The Police Should Not Police Themselves Nor Should Service Systems, Governments Or Insurance Schemes Be Able To Nullify The Existence Of The Independent Advocacy That Could Keep Them Honest

Why Effective Independent Advocacy Is An Essential And Appropriate Safeguard

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Effective Independent Advocacy Enables The Claims Of Social Institutions To Be Challenged Whether The Given Social Institution Wants This To Be Or Not

Effective Independent Advocacy Enables The Person Being Potentially Adversely Affected By A Given Social Institution To Question And Disagree With The Social Institutions Version Of The Facts

Why Effective Independent Advocacy Is An Essential And Appropriate Safeguard

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Effective Independent Advocacy Enables The Social Institution’s Representation Of Reality To Be Challenged If It Is Found To Be Defective Or Misleading

Effective Independent Advocacy Enables The Failings Of The Social Institution To Be Seen More Clearly And To Be Remedied More Effectively.

Why Effective Independent Advocacy Is An Essential And Appropriate Safeguard

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Effective Independent Advocacy Enables Honorable Leaders In Social Institutions To Better Confront And Engage Shortcomings In The Institution’s Performance.

Effective Independent Advocacy Enables The Social Institution To See More Clearly What It Needs To Do To Become Better Aligned With The (Vulnerable) Persons Relying Upon It.

Why Effective Independent Advocacy Is An Essential And Appropriate Safeguard

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Effective Independent Advocacy Enables The Social Institution To Better Evaluate and Change The Agendas That Have Led To It Damaging The Service Users Life And Interests.

Effective Independent Advocacy Enables Third Parties To Hear Another Side Of The Story Without The Distortions That Come With The Social Institution Creating Messages And Impressions That Serve Its Publically Unacknowledged Justifications and Representations.

Why Effective Independent Advocacy Is An Essential And Appropriate Safeguard

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It Strengthens The Likelihood That The People To Be Supported Are More Accurately Understood

It Provides An Opportunity To Advance Constructive Values And Empowering Attitudes

It Better Aligns The Social Institutions Practices With The Needs Of The People Being Supported

It Helps Identify Poor Practice And Ensures It Is Replaced By Improved Practice

It Can Build Consensus On Priorities, Vision And Programmatic Relevance

How Effective Independent Advocacy Can Help Improve Social Institutions

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It Helps Eliminate Ineffective Approaches Thereby Channeling Scarce Resources To Where They Could Do Greater Good

It Validates Good Outcomes For People And The Methods Used To Create Them

It Creates The Potential For Better Partnering Between Social Institutions And The People They Support

It Ensures That Public Confidence In The Social Institution Is Maintained

How Effective Independent Advocacy Can Help Improve Social Institutions

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“I concluded that if I could only nudge the world a little bit, maybe that would be enough. But nudging isn't enough.” Jacqueline Novogratz

"Injustice is a sixth sense, and rouses all the others.” Amelia E. Barr

“To see what is right, and not do it, is want of courage, or of principle.” Confucius

Why Advocacy?