Thinking it through FAIR flowchart

Apply each step of the FAIR flowchart to the scenario.

F

Facts

What is the experience of the individual? Is the individual being heard and if not, do they require support to do so?

What are the important facts to understand?

A

Analysis of right(s) at stake

What are the human rights or issues at stake? (refer to Key Rights Explained for help)

Is the right to life or the right not to be subjected to inhuman or degrading treatment at stake? If so, these rights are absolute and cannot be restricted.

Can the right be restricted? What is the justification for restricting the right?

Is the restriction on the right ‘proportionate’? i.e. is it the minimum necessary restriction to meet the aim or is a “sledgehammer being used to crack a nut”?

I

Identification of shared responsibilities

What changes are necessary?

Who has responsibilities for helping to make the necessary changes?

R

Review actions

Have the actions taken been recorded and reviewed and has the individual affected been involved?

You can find guidance for each scenario on the next page.