Australian Human Rights Commission Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019 Attachment 1: Compilation of Recommendations Priority areas The matters addressed in this submission are all of importance to Australia’s compliance with the CRPD. However, the Commission wishes to draw the Committee’s attention to three areas of critical importance: a. the need to introduce a legal framework that recognises the equal legal capacity of people with disability and enables and facilitates the creation and implementation of various supports for the exercise of legal capacity (Recommendation 26) b. the need to accelerate action to ensure people with disability are not unlawfully or arbitrarily deprived of their liberty on the basis of disability, including in the criminal justice system (Recommendations 29 to 31) c. the need to prohibit the practice of sterilisation of children with disability, and adults with disability without their free, prior and informed consent (Recommendations 36 to 38). The Commission recommends that the Committee request an update from the Australian Government on progress in relation to the above three priority areas in 12 months, under article 36 of the CRPD and Sections G and H of the Working methods of the Committee on the Rights of Persons with Disabilities. General principles and obligations Recommendation 1: The Australian Government fully incorporate the CRPD into domestic law. Recommendation 2: The Australian Government introduce specific disability rights impact assessments on legislative changes that may impact the human rights of people with disability. Recommendation 3: The Australian Government withdraw its interpretative declaration to the CRPD. Recommendation 4: The Australian Government establish permanent consultation mechanisms and develop best practice guidelines for the active engagement of people with disability and their representative organisations in policy development, implementation and monitoring activities relating to the CRPD. 38