Australian Human Rights Commission Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019 Recommendation 38: The Australian Government work with State and Territory governments to ensure a nationally consistent human rightsbased approach to decision-making about medical interventions on children with variations in sex characteristics. 4.13 Liberty of movement and nationality (CRPD art 18, LOI 21) 78. People with disability are not treated on an equal basis with others in relation to migration and asylum. The Commission is particularly concerned about the health requirement in Australia’s migration laws,76 which result in routine, exclusion of people with disability from Australia.77 The Joint Standing Committee on Migration found that the health requirement was discriminatory against people with disability and recommended it be reformed.78 79. Section 52 of the DDA provides that Divisions 1 (Discrimination in Work), 2 (Discrimination in other areas) and 2A (Disability Standards) do not affect: (a) discriminatory provisions in (i) the Migration Act 1958 (Cth); or (ii) a legislative instrument made under that Act; or (b) render unlawful anything that is permitted or required to be done by that Act or instrument. 80. The Special Rapporteur on the human rights of migrants recommended that Australia repeal section 52 of the DDA, expressing particular concern about children and family members with disabilities.79 Recommendation 39: The Australian Government review and amend Australia’s migration laws and policies to ensure people with disability do not face discrimination in any of the formalities and procedures relating to migration and asylum. 4.14 Living independently and being included in the community (CRPD art 19, CO 41–42, LOI 22) 81. The NDIS rules and operational guidelines for specialist disability accommodation (SDA) provide for the building of: (i) group homes— houses that accommodate four to five long-term residents,80 and (ii) in limited circumstances, larger dwellings, that house more than five longterm residents.81 The Commission is concerned that the SDA framework facilitates and encourages the establishment of residential institutions and will result in people having to live in particular living arrangements to access NDIS supports. 24