Australian Human Rights Commission
Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019
is concerned about the continued practices of denying, removing or
restricting the legal capacity of a person with disability. It is also concerned
that children with disability are not enabled to fully participate in decisions
related to their habilitation and rehabilitation and in a manner and format
that is understandable and accessible to them.
Recommendation 54: The Australian Government work with State and
Territory governments to review laws and policies that govern the
provision of habilitation and rehabilitation services by health services to
ensure they align with the CRPD and promote a person-centred, rightsbased and participatory approach that is gender- and age-sensitive.
4.19 Right to Work (CRPD art 27, CO 49–50)
(a)
Disability Employment Framework (LOI 29)
106.
The Commission welcomes the Australian Government’s commitment to
boosting the employment rates of people with disability by developing a
new National Disability Employment Framework. However, the status of
this framework is unclear, and the Commission is concerned that the
development of the Framework has halted.
107.
While the Commission has concerns that the Supported Wage System may
further disadvantage some groups such as people with an intellectual
disability. It also has broader concerns around Australian Disability
Enterprises (ADEs) and whether they align with the right of people with
disability to the opportunity to gain a living by work freely chosen or
accepted in a labour market and work environment that is open, inclusive
and accessible to people with disability. In particular, the Commission is
concerned that people working in ADEs are not being adequately
supported, including by the Disability Employment Services (DES) program,
to transition to open forms of employment.
108.
The Commission welcomes the Australian Government’s commitment to
progressing reforms to the DES to help address structural barriers faced
by women at different stages of employment,106 and looks forward to
further detail on these measures.
109.
A central aspect of the NDIS is supporting the economic participation of
people with disability107 and the Commission encourages the NDIA to
continue to focus on this area.108
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