Lack of Protection against Vilification and Hate Crimes (see also Articles 15 and 16)
Currently, Tasmania is the only jurisdiction that provides a statutory prohibition of vilification on the basis of disability.34 No jurisdiction has legislation prohibiting hate crimes.
The failure to provide for adequate measures dealing with vilification and hate crimes on the ground of disability means injurious treatment of people with disability can currently take place without redress.35
Case Studies
A 24 year old intellectually disabled man was tortured, forced to lick the toilet bowl and beaten to death by four people. The judge is reported to have said “the assaults were not serious”.
In July, 2011 a man with intellectual disability on the New South Wales Central Coast was bashed by four youths, causing head injuries.
Similarly, a teacher chose not to report an incident where seven boys attacked and sexually assaulted a 13 year old student with disability in her own schoolyard.36
