Australian Human Rights Commission
CRPD information concerning Australia – 11.03.13
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9.
3.1
Legal framework for human rights protection (article 4)
Australia’s federal Disability Discrimination Act commenced on March 1st
1993. Protection against discrimination on the basis of disability is also
available at state level.2 In recent years, the Act has been supplemented by
the National Human Rights Framework, the National Human Rights Action
Plan and the National Disability Strategy. The National Disability Insurance
Scheme, when implemented, will also contribute to the legal framework for
human rights protection.
National Human Rights Consultation
10.
Many of the international human rights standards agreed to by the Australian
Government, including those set out in the Disability Convention, have not
been fully incorporated into Australian law. People with disability who
experience human rights violations can be left without legal remedies.
11.
During 2009, the Australian Government undertook a National Human Rights
Consultation, seeking a broad range of views regarding the protection and
promotion of human rights. The Commission, and thousands of other
individuals and organisations, contributed to the Consultation. The
Consultation Committee report, released in October 2009, recommended,
among other things, that the federal Parliament adopt a Human Rights Act.
12.
In April 2010, the Australian Government responded to the national Human
Rights Consultation report by announcing that it would not introduce a Human
Rights Act. Instead, it announced Australia’s Human Rights Framework, which
commits to a variety of measures to strengthen the protection and promotion
of human rights in Australia. While the Commission strongly welcomed the
measures included in the Framework, these measures alone are not sufficient
to address all of the weaknesses in Australia’s system of human rights
protection for people with disability.
3.2
13.
National Human Rights Framework
As noted above, in April 2010, the Australian Government responded to the
national Human Rights Consultation report by announcing Australia’s Human
Rights Framework. The Framework is informed by seven core human rights
treaties, including the Disability Convention,3 and outlines the key measures to
guide the Governments human rights work.4 These key measures include:
•
human rights education for the community
•
establishing a federal Parliamentary Joint Committee on Human Rights
to scrutinise existing and new legislation for compliance with Australia’s
human rights obligations
•
requiring that all new federal legislation be accompanied by a statement
of compatibility with Australia’s human rights obligations
•
developing a consolidated federal anti-discrimination law
4