Australian Human Rights Commission CRPD information concerning Australia – 11.03.13 by the NDIS Launch Transition Agency, and the importance of individual and systemic advocacy on the part of the Agency. A copy of the Commission’s submission is available here. 4 Discrimination on the basis of disability 56. As noted above, there have been definite areas of achievement as a result of the Disability Discrimination Act. The Commission has noted however, that there is less evidence of progress in areas not addressed by the Disability Discrimination Act such as violence against people with disability in institutional settings, access to justice and involuntary and non-therapeutic sterilisation of people with disability. These issues are discussed below. 57. The Commission also notes that despite the presence of the Disability Discrimination Act, there has been little improvement in the area of employment of people with disability. This issue is also discussed below. 4.1 Violence against people with disability in institutional settings (articles 3, 4, 5, 15, 16, 17) 58. Research suggests high rates of violence, abuse and neglect of people with disability in institutional settings.30 59. The Commission notes that the National Disability Strategy (section 3.6 above) identifies a key policy area as people with disability being safe from violence, exploitation and neglect. However, there are no specific actions to prevent and reduce violence against people with disability. The Commission also notes the draft NDIS Bill contains no specific measures addressed at violence against people with disability. The Commission further notes that the National Human Rights Action Plan (section 3.3 above) does not specifically address some forms of violence experienced by people with disability, for example forced sterilisation, exploitation, neglect or violence in institutional settings 60. Research indicates that women with disabilities in particular may experience violence for longer periods of time due to inadequate pathways to safety, reluctance to report incidents for fear of reprisal, or a lack of confidence in authorities and the justice system.31 However, there is no national data on the prevalence and nature of this violence. The Commission agrees with the Committee on the Elimination of Discrimination against Women’s recommendation that the Australian Government ‘address, as a matter of priority, the abuse and violence experienced by women with disabilities living in institutions or supported accommodation’.32 61. The Commission welcomed the adoption in 2011 of the Australian Government’s National Plan to Reduce Violence against Women and their Children, 2010–2022.33 A National Plan Implementation Panel consisting of government and NGO representatives was established and the first three-year national implementation plan was released in September 2012. However, the National plan does not encompass institutional settings nor does it contain specific measures to address violence against women and girls with disability. 11

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