Australian Human Rights Commission
CRPD information concerning Australia – 11.03.13
69.
The Commission is also concerned at the lack of reliable data about the extent
of the problem. The data that does exist shows that while it is difficult to
quantify exact numbers, Aboriginal and Torres Strait Islander people with
cognitive impairment are dramatically over-represented in criminal justice
settings across Australia.40
70.
The Twenty Years: Twenty Stories short film concerning access to justice
‘Presumed Guilty’ is available here.
4.3
Involuntary and non-therapeutic sterilisation (articles 3, 4, 5,
6, 7, 12, 15, 16, 17, 23)
71.
The Commission is concerned that non-therapeutic sterilisation of women and
girls with disability continues to occur in Australia and rates of such
sterilisations may be increasing. This is despite the requirement that the
Family Court of Australia or a state or territory guardianship tribunal authorise
the performance of such sterilisations.
72.
Concerns about non-therapeutic sterilisation of women and girls with disability
were highlighted during Australia’s first Universal Periodic Review by the UN
Human Rights Council. 41 The Committee on the Rights of the Child and the
Committee on the Elimination of Discrimination against Women have also
expressed concern regarding non-therapeutic sterilisation, noting that forced
sterilisation is a form of gender-based violence and consequently a form of
discrimination against women, 42 and have urged the Government to enact
national legislation prohibiting the practice, except where there is a serious
threat to life or health. 43
73.
The Commission considers that the gravity and irreversible consequences of
non-therapeutic sterilisation makes this a significant human rights issue. The
Commission has called on the Australian Government to enact legislation
prohibiting the sterilisation of women and girls with disability, except in cases
of serious threat to life or health of a child, or with the informed consent of an
adult.44
74.
The Australian Government has recently undertaken measures to review the
current legal framework. On 20 September 2012 the Senate referred the
matter of involuntary or coerced sterilisation of people with disabilities in
Australia to the Senate Community Affairs Committees for inquiry and report.
The reporting date was to be 24 April 2013. On 26 February 2013, the Senate
granted an extension of time for reporting until 19 June 2013. 45
75.
The Commission has provided a submission to the Inquiry which is available
here and has appeared before the Senate Committee.
4.4
76.
Employment of people with disability (articles 3, 4, 5, 27)
The Commission is disappointed that the overall employment rates for people
with disability remain low, with labour force participation at around 54%,
compared to 83% for people without disability.46 These employment rates
have been stagnant since the passage of the Disability Discrimination Act.
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