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. 23

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