International recognition for the Commission’s COVID-19 Disability and Human Rights Guidelines
In August 2020, the Commission published the Guidelines on the Rights of People with Disability in Health and
Disability Care during COVID-19 (Guidelines).
Commissioner Gauntlett has been a member of the Australian Government’s Advisory Committee on the
Health Emergency Response to Coronavirus (COVID-19) for People with Disability since its establishment
in April 2020. The Advisory Committee developed the Management and Operational Plan for COVID-19 for
People with Disability, and Commissioner Gauntlett was invited to develop human rights focused guidelines
to support the plan.
The Guidelines examine the rights outlined in the Convention on the Rights of Persons with Disabilities that
may be at particular risk during a pandemic and provide practical examples for practitioners and people
with disability. The Department of Health commended the Guidelines to Australia’s professional medical
associations, as well as private hospitals and providers.
The global and ongoing nature of the pandemic has meant that the Guidelines have garnered an
international audience, for example:
•
Mr Gerard Quinn, the newly appointed UN Special Rapporteur on the rights of persons with
disabilities, communicated in unsolicited feedback that he would be drawing on the Guidelines in his
academic writing on the impact of the pandemic.
•
The Commonwealth Forum of National Human Rights Institutions profiled the Guidelines in its
March 2021 report, Protecting Disabled People’s Rights during COVID-19: Good Practice from Across
the Commonwealth. The report highlights the Guidelines as an example of providing guidance on
good practice.
Legal information and resources
Reports to the Minister under the Australian Human Rights Commission Act 1986 (Cth)
When the Commission receives a complaint of a breach of human rights or workplace discrimination
(other than unlawful discrimination under the Discrimination Acts), we attempt to resolve the complaint
through conciliation. If conciliation is inappropriate or unsuccessful, and we find that there has been a
breach of human rights or that the matter amounts to workplace discrimination, then we may prepare a
report of the complaint for the Attorney-General.
When the Commission receives several complaints raising the same or similar issues, it may prepare one
report focusing on the systemic issue raised by the group of complaints.
In this period, the Commission prepared 6 reports to the Attorney-General. Each of these reports is
published on the Commission’s website. The following report dealt with the use of force against a person
in immigration detention:
Annual Report 2020–2021
Australian Human Rights Commission
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