In this video, you will learn about the rights and responsibilities in parenting and caring. In this video, you will

learn to analyse the impact of legal rights on the wellbeing of parents, carers and dependants and discuss

how the responsibilities of parents and carers contribute to building a positive relationship with the

dependant.

So to begin with, we need to understand that relationships between carers or parents and their dependents

are dynamic and interactive; evolving as personal and social circumstances change. When conducted

positively, these relationships have the potential to fulfil physical, social, emotional, cultural and spiritual

needs.

There are various protections in place to support the development of valuable and healthy connections. The

behaviours, attitudes and actions of parents and carers are governed by a series of formal and informal,

rights and responsibilities.

So let’s explore the legal rights of parents, carers and dependants.

Parents, carers and dependents have legal and social rights; as do all human beings. Some of these are

determined by federal or state laws, others are outlined in the United Nations Declaration of Human Rights,

which was published in 1948.

There are twenty articles in the declaration, each one aimed at safeguarding the personal freedom,

expression and security of all people in society. A few of these articles include:

• Article 1 which is that all human beings are born free and equal in dignity and rights.

• Article 3 which is that everyone has the right to life, liberty and security of person.

• Article 25 which says that everyone has the right to a standard of living adequate for the health and well-

being of himself and of his family, including food, clothing, housing and medical care

In Australia, the rights of parents, carers and dependents are also regulated by the Family Law Act 1975.

These legal rights are briefly summarised in the table onscreen.

V8 -RIGHTS & RESPONSIBILITIES IN PARENTING & CARING

Parents/legal guardians carers

• Parents and legal guardians have the right to:

• Discipline their child (within reason)

• Ensure access to education

• Consent to adoption

• Make medical decisions

• Legally act on behalf of their child

• Determine day-to-day upbringing

Carers have the right to:

• Be recognised for their work

• Receive financial assistance

• Access to respite for their dependents

• Work free of discrimination

• Request flexible work arrangements

• Act as an advocate for their dependent

• Access support services

Children dependents - Children have a basic right to:

• Autonomy; the right to make their own choices

• Make their own medical decisions (14 years+)

• Claim inheritance if their parents die

Dependents have the right to:

• Share in decision-making

• Adequate care and compassion

• Dignity

• Protection from abuse and neglect

• Participate in the community

• Receive support and services

• Pursue grievances or seek advocacy

Parents have the right to discipline their child within reason, ensure access to education and make medical

decisions. Children have the basic right to autonomy, make their own medical decisions when they reach 14

and claim inheritance if their parents die. Carers have the right to be recognised for their work and act as an

advocate for their dependent and dependents have the right to share in decision making, they have the right

to dignity and protection from abuse and neglect.

There are a number of other legal rights, regulations and law that protect parents, carers, children and

dependent. These include:

• Carer Recognition Act 2010

• Age Discrimination Act 2004

• Anti-Discrimination Amendment (Carers’ Responsibilities) Act 2000 No 24

• Aged Care Act 1997

• Disability Discrimination Act 1992

• United Nations (UN) Convention on the Rights of the Child (1989)

• Home and Community Care Act 1985

Carers can also access advice, support and counselling services through the National Carer Counselling

Program. We suggest you have a look at each of these acts and familiarise yourself with one or two of them

to be able to reference in discussion.

Now we will look at the responsibilities of parents and carers.

In addition to legally and socially defined rights, parents and carers have a series of responsibilities, or

obligations, to ensure that the rights of their dependents are upheld.

Parental and care responsibilities include helping dependents to personally develop physical, emotional,

intellectual and social skills, while also providing them with a safe and secure environment. As part of their

duties, parents and carers are expected ensure the physical and emotional wellbeing of dependents,

encourage and engage in open communication, facilitate experiences that contribute to development and

serve as positive role model. Parents are expected to demonstrate unconditional, non-judgemental love

towards their children and carers have an obligation to provide emotional support to dependents.

Carers have additional responsibilities to respect their dependents, meet their changing needs and ensure

that necessary medical appointments are made, attended and then followed up with appropriate treatments.

While informal carers, who are most likely related or close to their dependents, feel obligated to express

love, affection and compassion, professional carers often have to find a balance between demonstrating

concern or understanding and their true feelings.

An important area of responsibility is duty of care

Parents and carers have a duty of care to their dependents, which means they have a moral or legal

obligation to establish and maintain the wellbeing and safety of the people they look after. Essentially they

have two legal roles. They are a Guardian, responsible for the long-term wellbeing of their dependents, as

well as a custodian, supervising and assisting with the day-to-care of their dependents

To ensure that parents and carers fulfil these roles, children and dependents in Australia are protected by

legislation, which aims to reduce occurrences of abuse or neglect in the home. In NSW, the legal obligations

of parents to their children are covered in the following laws:

! Children (Care and Protection) Act 1987

! Children and Young Persons (Care and Protection) Act 1998 and the

! Children and Young Persons (Care and Protection) Regulation 2000 .

Parents also have a duty of care to provide their children with adequate education. As outlined in the

Education Act 1990 (NSW) parents have a responsibility to ensure their children attend a government or

non-government school, or, alternatively are officially registered for homeschooling.

The duty of care for children and dependents may be shared or temporarily transferred whenever they are in

the care of another individual or organisation. For example, schools and teachers have a duty of care to their

students and doctors have a duty of care to their patients.

Next we will look at setting limits.

Parents and care providers have the right to provide guidance and set firm boundaries for their dependents.

It is important to remember that reinforcing positive behaviour if far more effective than allocating punishment

for negative transgressions. Dependents benefit from limitations, which help them understand:

• What is expected of them

• Fair treatment

• Respect for others

• Cause and effect

• Self-identity

Finally, we look at discipline

Setting limits requires parents and carers to establish clear, simple rules and employ disciplinary practices

that are both fair and appropriate. Children, in particular, respond positively to family environments where

they can learn, by modelling the healthy behaviours of their parents, how to manage, and de-escalate,

conflict and other stressful incidents.

It is important that discipline does not equate to physical punishment; discipline simply refers to a training

system used to reinforce a set of rules or a code of behaviours. In this instance, parents and carers can use

disciplinary practices to develop appropriate behaviours and attitudes.

When establishing household rules, parents and care providers should:

• Keep it simple and short; too many rules will be confusing

• Prioritise; focus on the most important rules

• Discuss; explain the importance of each rule

• Involve everyone; invite dependents to debate limitations and consequences

• Praise dependents; positively reinforce good behaviours

• Enforce consequences; rule-breaking should be dealt with calmly and consistently and

• Be flexible; as dependents age and circumstances evolve the rules will need to change