Australian Human Rights Commission
CRPD information concerning Australia – 11.03.13
1
Introduction
1.
This submission is made by the Australian Human Rights Commission,
Australia’s national human rights institution. It outlines a number of issues that
the Commission suggests should be considered by the Committee on the
Rights of Persons with Disabilities as it develops a List of Issues Prior to
Reporting ahead of the consideration of Australia’s initial report regarding the
implementation of the Convention on the Rights of Persons with Disabilities
(Disability Convention).
2.
In these comments, the Commission aims to provide the Committee with
information on a number of key issues that the Commission believes may be
relevant to the Committee in considering Australia’s implementation of the
Disability Convention. This submission does not provide a complete
assessment of Australia’s compliance with the Disability Convention, but
rather draws on the relevant recent and current areas of Commission work.
3.
The Commission notes the Civil Society Shadow Report to the Committee,
and urges the Committee to give due consideration to the issues contained
within the report in accordance with article 33 of the Disability Convention.1
4.
The Commission thanks the Committee for inviting it to submit information
pursuant to Rule 51 of the Rules of Procedure and looks forward to further
engagement in the Committee’s review of Australia’s initial report.
2
Summary
5.
The legal framework for the protection of human rights of people with disability
in Australia is the Disability Discrimination Act 1992 (Cth), (Disability
Discrimination Act) supplemented by State and Territory legislation and a
combination of 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
protection of human rights.
6.
March 1st 2013 marked the twentieth anniversary of the Disability
Discrimination Act. The Commission acknowledged the occasion with the
launch of Twenty Years: Twenty Stories by Governor-General, Ms Quentin
Bryce AC CVO.
7.
Through the Disability Discrimination Act definite areas of achievement include
accessible public transport, access to premises, access to services and
education.
8.
The Commission notes 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 and in the
protected area of employment.
3