Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
Recommendation 15: That the Australian Government, through the
Council of Australian Governments, develop appropriate support for
people with disability, particularly those with mental health disorders
and cognitive impairment, including national guidelines on ‘fitness to
plead’.
Freedom from exploitation, violence and abuse (ICCPR
articles 7 & 9; LOI 13)
53.
The Commission welcomes the Government’s commitment to establishing the
National Disability Insurance Scheme (NDIS) Quality and Safeguards
Commission to oversee the NDIS Quality and Safeguards Framework,54 but is
concerned that it only applies to NDIS participants (approximately 10% of the
Australian disability population).
54.
The Commission notes the recommendations of the Senate Community
Affairs References Committee Inquiry into Violence, abuse and neglect
against people with disability in institutional and residential settings.55
Recommendation 16: That the Australian Government adopt a national
approach to address violence against people with disability.
Access and democratic participation (ICCPR articles 2, 25 &
26; LOI 22)
55.
People with disability face barriers to accessing the built environment,
including schools, shops, workplaces, services and entertainment facilities.56
They are also unable to access communication and information systems,
including media, on an equal basis with others.57
56.
The Commission is concerned that inaccessible premises can limit
participation of people with disability in voting and other political processes,58
as can inability to access communication and information systems.
57.
The Commission is also concerned about electoral laws that provide that
persons of ‘unsound mind’ are not entitled to have their names on the electoral
roll or to vote in elections, and may be removed from the electoral roll
following objection.59 The ALRC has recommended the repeal of these
provisions.60
Recommendation 17: That the Australian Government encourage
monitoring, compliance and implementation of the Disability (Access to
Premises – Buildings) Standards 2010 and Disability Standards for
Accessible Public Transport 2002, and ensure that people with disability
have the requisite access to fully participate in the democratic process.
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