Australian Human Rights Commission Submission to the Committee on the Rights of Persons with Disabilities – 25 July 2019 1 Introduction 1. This submission is made by the Australian Human Rights Commission (the Commission), an ‘A status’ national human rights institution established and operated in compliance with the Paris Principles. 2. The Commission has a statutory power to promote and protect human rights under the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act). The AHRC Act defines ‘human rights’ to include the rights and freedoms recognised or declared in any relevant international instrument. This includes the Convention on the Rights of Persons with Disabilities (CRPD). 3. The Commission also has the power under the AHRC Act to investigate and conciliate complaints made under the Disability Discrimination Act 1992 (Cth) (DDA) by people who experience direct or indirect discrimination. Further information about the Commission can be found at www.humanrights.gov.au. 4. The Commission welcomes the opportunity to provide a written contribution ahead of the Committee’s consideration of Australia’s 2nd and 3rd periodic reports under the CRPD and to engaging with the Committee during its 22nd session.1 5. The Commission’s proposed recommendations are contained in the body of this submission and compiled in Attachment 1. 2 Priority areas 6. The matters addressed in this submission are all of importance to Australia’s compliance with the CRPD.2 However, the Commission wishes to draw the Committee’s attention to three areas of critical importance: a. the need to introduce a legal framework that recognises the equal legal capacity of people with disability and enables and facilitates the creation and implementation of various supports for the exercise of legal capacity (see section 4.7; Recommendation 26) b. the need to accelerate action to ensure people with disability are not unlawfully or arbitrarily deprived of their liberty on the basis of disability, including in the criminal justice system (see section 4.9; Recommendations 29 to 31) c. the need to prohibit the practice of sterilisation of children with disability, and adults with disability without their free, prior and informed consent (see section 4.12; Recommendations 36 to 38). 4