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 32

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