Australian Human Rights Commission
Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019
74.
In June 2018, the Commission published the A Future Without Violence
report, which outlined the Commission’s recommendations on the ways in
which quality, safeguarding and oversight mechanisms that prevent and
address violence against people with disability in institutional settings can
be strengthened.72
Recommendation 35: The Australian Government implement the
recommendations in the Australian Human Rights Commission’s report A
Future Without Violence.
4.12 Integrity of the person (CRPD art 17, CO 39-40, LOI 20)
75.
The Commission remains deeply concerned that the sterilisation of people
with disability, particularly women and girls with disability, continues to
take place in Australia without free, prior and informed consent.73 The
Commission is also concerned by the forced administration of
contraceptives and abortion procedures.74
76.
There is domestic and international concern relating to involuntary
surgery on infants born with variations in sex characteristics.75 The
Commission is conducting a research project to better understand these
concerns and will develop recommendations for a nationally consistent
human rights-based approach to decision making about medical
interventions. The Commission is working towards releasing the final
report and recommendations in 2019.
77.
The Commission considers a cause of these issues is the failure to
understand and operationalise the principle of free, prior and informed
consent consistent with the CRPD and the National Decision-Making
Principles and Commonwealth decision-making model recommended by
the ALRC.
Recommendation 36: The Australian Government work with State and
Territory governments to adopt uniform legislation prohibiting, in the
absence of the free, prior and informed consent of the person concerned:
a. the administration of contraceptives and abortion procedures on
women and girls with disability
b. the sterilisation of adults and children with disability.
Recommendation 37: The Australian Government review and amend the
Family Law Rules 2004 relating to Medical Procedure Applications so that
they align with the CRPD and the CRC.
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