Tag: United Nations

Background Australia has not fully incorporated the Convention on the Rights of Persons with Disabilities (CRPD) into Australian domestic law and there remains no comprehensive legislative, administrative, judicial framework for the protection of human rights. Australia’s implementation of its CRPD obligations are set out in the National Disability Strategy 2010-2020 (NDS),[i] a ten year national…

Background All Australian jurisdictions have in place legislation that addresses a defendant within the criminal justice system and their ‘fitness’ to stand trial. These justice diversion provisions are applied when people with disability, particularly those with cognitive or psychosocial disability are deemed ‘unfit’ to stand trial. An unfitness test may arise as an issue before…

Background The current education system in Australia is failing to adequately meet the needs of students with disability, and it is rare for students with disability to be provided with a genuine inclusive educational experience.[i] Despite available data showing that 90.2% of students with disability attend regular or mainstream schools, only 36% of people with…

Background Across Australia, mental health laws, policy and practice authorise the forced treatment of people with psychosocial disability, limiting individual rights to liberty and security and equal recognition before the law. Laws have failed to prevent, and in some cases actively condone unacceptable practices, including invasive and irreversible treatments, such as the authorisation of psychosurgery,…

Background Forced sterilisation of people with disability, particularly women and girls with disability, and people with intersex variations, is an ongoing practice that remains legal and sanctioned by Governments in Australia.[i] Since 2005, UN human rights treaty bodies, UN special procedures and international medical bodies have made recommendations to Australia to enact national legislation to…

Background In Australia, people with disability are nearly twice as likely to be unemployed as people without disability.[i] Compared with other OECD[ii] countries, Australia has one of the lowest employment participation rates for people with disability (39.8% for people with disability compared to 79.4% for people without a disability).[iii] Men with disability (51.3%) are much…