Australian Human Rights Commission Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019 7. The Commission recommends that the Committee request an update from the Australian Government on progress in the three priority areas in 12 months, under article 36 of the CRPD and Sections G and H of the working methods of the Committee. 3 Purpose and general obligations (CRPD arts 1-5, CO 8-13) 3.1 Domestic incorporation (LOI 1) 8. There remain many rights in the CRPD which have not been incorporated into domestic laws. The current gaps and inconsistencies in the legal protection of the rights of people with disability will continue in the absence of comprehensive human rights laws in Australia.3 9. The Parliamentary Joint Committee on Human Rights (PJCHR) assesses whether legislation is consistent with Australia’s human rights obligations.4 While the Commission welcomes the work of the PJCHR, it is concerned that there is variable quality in the drafting of statements of compatibility within and across Government departments, including in respect of Australia’s obligations under the CRPD.5 The Commission would like to see specific disability rights impact assessments undertaken on all legislative changes that affect the rights of people with disability. 10. The Commission encourages the Australian Government to withdraw its interpretative declaration to the CRPD concerning articles 126, 17 and 18 as they are inconsistent with the Committee’s jurisprudence and prevent effective implementation of the CRPD. 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. 5