Australian Human Rights Commission
Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019
b. developing and implementing measures to ensure the same
substantive and procedural guarantees for people with
disability in the context of legal proceedings as for others
c. developing assessment protocols to improve data collection
and assist police, courts, and correctional institutions to
identify the supports required to provide procedural
guarantees and age appropriate accommodations
d. developing and implementing measures to ensure people with
disability can serve as jurors
e. developing and implementing targeted measures to promote,
support and empower people with disability to work in the
justice system
f. incorporating compulsory modules on working with people
with disability into training programmes for those working in
the field of the administration of justice.
Liberty and security of person
Recommendation 29: The Australian Government implement the
recommendations of the Senate Community Affairs References
Committee in the Inquiry into indefinite detention of people with
cognitive and psychiatric impairment in Australia report.
Recommendation 30: The Australian Government release the draft
National Statement of Principles Relating to Persons Unfit to Plead or
Found Not Guilty by Reason of Cognitive or Mental Health Impairment
for consultation.
Recommendation 31: The Australian Government work with State
and Territory governments to adopt a human rights-based approach
to mental health laws and review all laws that authorise:
a. involuntary hospitalisation, including committal to mentalhealth facilities, on the basis of perceived or actual impairment
b. the administration of medical intervention to people with
disability without the free, prior and informed consent of the
person concerned
c. imposition of compulsory treatment by means of Community
Treatment Orders.
Freedom from torture and cruel, inhuman or degrading
treatment
Recommendation 32: The Australian Government work with State
and Territory governments to develop a national framework to
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