Australian Human Rights Commission
Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019
monitor and regulate the use of restrictive practices, against people
with disability, with a view to reducing and eliminating their use, in
all settings and contexts where they are used, including justice,
education, health, mental health and aged care facilities.
Recommendation 33: The Australian Government direct the NDIS
Quality and Safeguards Commission to report annually on the
progress made towards reducing and eliminating the use of
restrictive practices and publish data on the total number of
reported uses of restrictive practices.
Recommendation 34: The Australian Government implement OPCAT
with a view to applying it to all places of detention where an
individual is or may be deprived of his or her liberty, including
disability-specific settings, such as mental health facilities, forensic
psychiatric or disability units, residential institutions (including
group homes) and segregated educational facilities.
Freedom from exploitation, violence and abuse
Recommendation 35: The Australian Government implement the
recommendations in the Australian Human Rights Commission’s
report A Future Without Violence.
Integrity of the person
Recommendation 36: The Australian Government work with State
and Territory governments to adopt uniform legislation prohibiting,
in the absence of the free, prior and informed consent of the person
concerned:
a. the administration of contraceptives and abortion
procedures on women and girls with disability
b. the sterilisation of adults and children with disability.
Recommendation 37: The Australian Government review and amend
the Family Law Rules 2004 relating to Medical Procedure Applications
so that they align with the CRPD and the CRC.
Recommendation 38: The Australian Government work with State
and Territory governments to ensure a nationally consistent human
rights-based approach to decision-making about medical
interventions on children with variations in sex characteristics.
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