Final Report - Volume 4, Realising the human rights of people with disability
- Report
Video transcript
Volume 4 – Realising the rights of people with disability
Summary
Background
The Disability Royal Commission’s Final report tells the Australian Government what changes need to be made to prevent violence against, and abuse, neglect and exploitation of, people with disability.
We recommend change so people with disability can enjoy all human rights and freedoms fully and equally.
Our Final report has 12 volumes.
This video is a summary of Volume 4 – Realising the rights of people with disability.
Volume 4 discusses the need for a stronger and more comprehensive legal framework to respect, protect and fulfil the human rights of people with disability. This includes their right to live free from violence, abuse, neglect and exploitation.
Volume 4 has four chapters.
Chapter 1 – Australia’s international human rights obligations regarding people with disability
Chapter 1 provides an overview of Australia’s international human rights obligations. In particular it looks at the Convention on the Rights of Persons with Disabilities (CRPD).
It summarises the general principles and rights under the CRPD. It discusses how the CRPD applies in Australia.
It also discusses concepts of equality, multiple discrimination and intersectionality, and the human rights of First Nations people with disability.
In doing so, we refer to key rights recognised by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
Chapter 1 then discusses how Australia’s international human rights obligations are interpreted and applied, for example, are rights realised over time, or immediately? And how do they relate to other human rights of people with disability?
Finally, the chapter summarises the human rights approach that we took in our work at the Royal Commission and how it informed our recommendations.
Chapter 2 – Australia’s current implementation of disability rights
Chapter 2 presents an overview of the current legal framework for protecting human rights of people with disability in Australia.
CRPD rights are not fully incorporated into policy and practice in Australia. Governments are not required to consider the rights of people with disability in decision-making and in developing law and policy.
People with disability are not sufficiently involved in government decision-making processes and developing laws and policies that may impact their human rights.
Lack of awareness and understanding of disability rights is a significant issue in Australia.
This chapter notes that limited awareness and understanding of the rights of people with disability combined with ableist attitudes are linked to violence against, and abuse, neglect and exploitation of, people with disability.
In Chapter 2 we refer to a few stories from people where their human rights have been breached.
For example, we heard about d/Deaf First Nations people being arrested and spending days in custody without understanding the charges against them or being able to access a First Nations sign language interpreter.
Ms Catherine Dunn, a Deaf woman, shared her experiences of receiving limited education about sex or consent.
The Auslan interpreter in her sex education class didn’t have the signs to translate the content properly.
Ms Dunn said when she was assaulted, she ‘didn’t have the words or the language to describe what occurred’. This acted as a barrier to disclosing the assault.
Chapter 2 ends by saying Australia needs to strengthen the implementation of CRPD rights.
Australia need a new approach to disability rights protection; a stronger and more comprehensive legal framework to advance equality, inclusion and the rights of people with disability.
Chapter 3 – Strengthening protection through an Australian Disability Rights Act
In Chapter 3 we recommend the Australian Government establishes a Disability Rights Act (DRA).
The aim of the DRA should be to respect, protect and fulfil all rights in the CRPD, as well as the rights of First Nations people with disability that are not in the CRPD.
The Australian Government should consult with people with disability on the content of the DRA.
This chapter sets out the rights of people with disability that should be protected under the DRA. It sets out the duties of the Commonwealth public sector under the DRA.
And it explains how a new National Disability Commission would support compliance with the DRA, investigate complaints and enforce remedies.
Chapter 4 – Strengthening the Disability Discrimination Act
This chapter recommends a stronger Disability Discrimination Act (DDA) to complement the DRA.
People with disability experience discrimination at higher rates than people without disability.
The current DDA is not effective at addressing vilification and harassment. The DDA needs to be reformed so it can fulfil the human rights of people with disability more effectively.
In Chapter 4 we recommend amendments to the DDA that address current gaps. We also recommend ways to strengthen the operation of the DDA.
More information
For more information about our Final report, and to access all volumes, visit our website. Go to the ‘Publications’ section and click on ‘Final report’.
Video transcript
Volume 4 – Realising the rights of people with disability
Recommendations
Background
The Disability Royal Commission’s Final report tells the Australian Government what changes need to be made to prevent violence against, and abuse, neglect and exploitation of, people with disability.
We recommend change so people with disability can enjoy all human rights and freedoms fully and equally.
Our Final report has 12 volumes.
This volume has 34 recommendations in total. This video summarises some of the recommendations in Volume 4 – Realising rights of people with disability.
Volume 4 discusses the need for a stronger and more comprehensive legal framework to respect, protect and fulfil the human rights of people with disability. This includes their right to live free from violence, abuse, neglect and exploitation.
Establishing a Disability Rights Act
We recommend the Australian Government establishes a Disability Rights Act (DRA).
The aim of the DRA should be to respect, protect and fulfil all rights in the Convention on the Rights of Persons with Disabilities (CRPD).
The DRA should recognise every person with disability is equal before the law and they have the right to:
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enjoy their human rights without discrimination on the grounds of disability
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use and access supports and advocacy services in making decisions that affect them
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live free from all forms of exploitation, violence and abuse
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accessible information and education on how to avoid, recognise and report exploitation, violence and abuse
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access protection services that are responsive to their different needs and experiences
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be protected from being victimised when making a report
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have equal access to health services. This includes the right to choose options and services, and the right to adjustments to access services and access treatment and care.
First Nations people with disability have the right to receive health care that is culturally safe and recognises the importance of their connection to community and Country.
We recommend the Australian Government ensure a review of the DRA is undertaken within five years of commencing.
We also note that the DRA should include a set of guiding principles. These principles should be developed in consultation with people with disability.
Examples could include:
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People with disability have the same right as other members of Australian society to respect for their worth and dignity, and to realise their potential for physical, social and emotional development.
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People with disability are entitled to recognition and support of their specific cultural and linguistic identity, including Auslan and First Nations sign languages and Deaf culture.
Duties under the Disability Rights Act
Commonwealth entities, such as Australian Government departments, National Disability Insurance Agency (NDIA) and Australian Federal Police, are considered primary duty holders under the DRA.
The DRA places an obligation on ‘public authorities’ (for example, an individual who is employed by a Commonwealth entity) to act compatibly with the rights in the DRA.
They also must give proper consideration to human rights when making decisions.
We recommend that Commonwealth entities consult with a wide range of people in developing and evaluating policies, laws and programs and in planning new initiatives or making changes to services.
This includes consulting with people with disability (including First Nations people), children and young people, families, carers and supporters.
We recommend Commonwealth entities promote disability equality and inclusion by, for example:
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addressing barriers that disadvantage people with disability, including barriers compounded by a person’s attributes and experiences (that is, race, First Nations status, gender)
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addressing stigma, stereotyping and prejudice
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promoting accessibility and universal design.
We also recommend Commonwealth entities:
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ensure their communications are provided in at least two formats accessible to people with disability when publishing public information or consulting with people with disability
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arrange and fund an appropriately trained and qualified interpreter when required when required by a person with disability.
Role of National Disability Commission in relation to the Disability Rights Act
In Volume 5 we recommend the establishment of a National Disability Commission. In this volume we recommend that the National Disability Commission has functions to support compliance of the DRA.
For example, the National Disability Commission should:
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receive complaints about a contravention of the DRA
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report on a practice that is inconsistent with the DRA
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issue compliance notices
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apply to federal courts for an order to stop a contravention of the DRA
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promote understanding, acceptance and public discussion of the rights of people with disability under the DRA.
Strengthening the Disability Discrimination Act
We recommend a stronger Disability Discrimination Act (DDA) to complement the DRA.
We recommend the following amendments:
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Replace the term ‘reasonable adjustments’ with ‘adjustments’. (Reasonableness should not play a part in deciding whether an adjustment is required.)
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Make it unlawful for a person to harass or vilify someone in public because of their disability.
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Create a requirement for all duty holders, including government departments and agencies, employers, schools and service providers, to take reasonable measures to eliminate all forms of discrimination on the ground of disability, including harassment and victimisation.
More information
For more information about our Final report, and to access all volumes, visit our website. Go to the ‘Publications’ section and click on ‘Final report’.