Australian Human Rights Commission
CRPD information concerning Australia – 11.03.13
by the NDIS Launch Transition Agency, and the importance of individual and
systemic advocacy on the part of the Agency. A copy of the Commission’s
submission is available here.
4
Discrimination on the basis of disability
56.
As noted above, there have been definite areas of achievement as a result of
the Disability Discrimination Act. The Commission has noted however, that
there is less evidence of progress in areas not addressed by the Disability
Discrimination Act such as violence against people with disability in
institutional settings, access to justice and involuntary and non-therapeutic
sterilisation of people with disability. These issues are discussed below.
57.
The Commission also notes that despite the presence of the Disability
Discrimination Act, there has been little improvement in the area of
employment of people with disability. This issue is also discussed below.
4.1
Violence against people with disability in institutional
settings (articles 3, 4, 5, 15, 16, 17)
58.
Research suggests high rates of violence, abuse and neglect of people with
disability in institutional settings.30
59.
The Commission notes that the National Disability Strategy (section 3.6
above) identifies a key policy area as people with disability being safe from
violence, exploitation and neglect. However, there are no specific actions to
prevent and reduce violence against people with disability. The Commission
also notes the draft NDIS Bill contains no specific measures addressed at
violence against people with disability. The Commission further notes that the
National Human Rights Action Plan (section 3.3 above) does not specifically
address some forms of violence experienced by people with disability, for
example forced sterilisation, exploitation, neglect or violence in institutional
settings
60.
Research indicates that women with disabilities in particular may experience
violence for longer periods of time due to inadequate pathways to safety,
reluctance to report incidents for fear of reprisal, or a lack of confidence in
authorities and the justice system.31 However, there is no national data on the
prevalence and nature of this violence. The Commission agrees with the
Committee on the Elimination of Discrimination against Women’s
recommendation that the Australian Government ‘address, as a matter of
priority, the abuse and violence experienced by women with disabilities living
in institutions or supported accommodation’.32
61.
The Commission welcomed the adoption in 2011 of the Australian
Government’s National Plan to Reduce Violence against Women and their
Children, 2010–2022.33 A National Plan Implementation Panel consisting of
government and NGO representatives was established and the first three-year
national implementation plan was released in September 2012. However, the
National plan does not encompass institutional settings nor does it contain
specific measures to address violence against women and girls with disability.
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