Acknowledgements endorsements Background methodology executive Summary 11 Recommendations 22 Article — general obligations 38
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- TABLE OF CONTENTS Acknowledgements 1 Endorsements 3 Background 5 methodology 7
- Article 5 — Equality and non-DISCRIMINATION 41
- Article 6 — wOMEN WITH dISABILITIES 46
- Article 7 — Children with Disabilities 49
- Article 8 — Awareness-raising 53
- Article 10 — right to life 61
- Article 11 — Situations of risk and humanitarian emergencies 66
- Article 12 — Equal recognition before the law 70
- Article 13 — Access to justice 75
- Article 14 — Liberty and security of the person 84
- Article 15 — Freedom from torture or cruel, inhuman or degrading treatment 91
- Article 16 — Freedom from exploitation, violence and abuse 103
- Article 17 — Protecting the integrity of the person 115
- Article 19 — Living independently and being included in the community 128
- Article 20 — Personal mobility 139
- Article 21— Freedom of expression and opinion and access to information 144
- Article 22 — Respect for privacy 149
- Article 23 — Respect for Home and the Family 152
- Article 24 — Education 162
- Article 27 — Work and employment 185
- Article 30 — Participation in cultural life, recreation, leisure and sport 206
- Article 31 — statistics and data collection 211
TABLE OF CONTENTS Acknowledgements 1 Endorsements 3 Background 5 methodology 7 Executive Summary 11 Recommendations 22 Article 4 — GENERAL OBLIGATIONS 38 STATUS IN AUSTRALIA 38 No Legislation to Enact the CRPD 38 Disability Discrimination Legislation 38 National Disability Strategy 38 National Disability Insurance Scheme (NDIS) 38 Engagement with People with Disability through their Representative Organisations 38 National and State Disability Advocacy Programs 39 RECOMMENDATIONS Article 4 39
STATUS IN AUSTRALIA 41 Limitations of the Disability Discrimination Act 1992 (Cth) 42 A Failure to Address Intersectional Discrimination 42 Ineffective Complaints Process 43 Lack of Protection for Systemic Discrimination 44 Lack of Protection against Vilification and Hate Crimes (see also Articles 15 and 16) 45 RECOMMENDATIONS Article 5 45 Article 6 — wOMEN WITH dISABILITIES 46 STATUS IN AUSTRALIA 46 Situation and Data about Girls and Women with Disability in Australia 46 Non-Therapeutic Sterilisation against Girls and Women with Disability (see Article 23) 47 Violence (see Article 16) 47 Discrimination and Inadequate Access to Healthcare (see Articles 23 and 25) 47 Discrimination in Employment and Remuneration (see Articles 27 and 28) 47 Overrepresentation and Treatment in the Prison System (see Articles 13 and 15) 47 RECOMMENDATIONS Article 6 48
STATUS IN AUSTRALIA 49 National Human Rights Protection 49 Freedom to Express Views Freely 50 Aboriginal and Torres Strait Islander Children and Young People with Disability 50 RECOMMENDATIONS Article 7 51 Article 8 — Awareness-raising 53 STATUS IN AUSTRALIA 53 The Media 54 RECOMMENDATION Article 8 56 Article 9 — Accessibility 57 STATUS IN AUSTRALIA 57 Disability Standards for Accessible Public Transport 2002 57 Barriers to Public transport 58 The Disability (Access to Premises — Building) Standards 2010 59 Accessibility and Australian Regulations and Policy 59 Digital Communication and Information (see also Article 21) 60 RECOMMENDATIONS Article 9 60 Article 10 — right to life 61 STATUS IN AUSTRALIA 61 No Legislated Right to Life 61 Lower Life Expectancy 61 Deaths in Residential Disability and Aged Care Facilities 62 Denial of Life Saving Measures 63 Discriminatory Sentencing in Murder Cases 64 High Rates of Suicide 64 RECOMMENDATIONS Article 10 65
STATUS IN AUSTRALIA 66 Inaccessible Early Warning Systems (EWS) 67 Inaccessible Emergency Facilities 67 Lack of Inclusive Disaster Preparedness Planning and Consultation 67 Lack of Inclusive Planning in Reconstruction Efforts 68 Lack of Coordination 68 RECOMMENDATIONS Article 11 69 Article 12 — Equal recognition before the law 70 STATUS IN AUSTRALIA 70 Australia’s Interpretative Declaration on Article 12 70 Discriminatory Laws, Policies and Practice 71 Guardianship, Estate Management and Mental Health Laws 72 Inadequacy of Administrative Arrangements 73 RECOMMENDATIONS Article 12 73
STATUS IN AUSTRALIA 75 Legal Representation 76 Cost Barriers (See also Article 5) 77 Systemic Barriers 78 Reasonable Accommodation 79 Over-Representation in the Prison System 80 Over-Representation in the Juvenile Justice System 81 Trial by Jury 82 RECOMMENDATIONS Article 13 83 Article 14 — Liberty and security of the person 84 STATUS IN AUSTRALIA 84 Guardianship Laws 84 Mental Health Laws and Tribunals 84 Arbitrary Detention in Prisons 86 Arbitrary Arrest and Detention (see also Article 13) 87 Rights in the Prison System 88 RECOMMENDATIONS Article 14 90 Article 15 — Freedom from torture or cruel, inhuman or degrading treatment 91 STATUS IN AUSTRALIA 91 Restrictive Practices 92 Disability Service System 94 Mental Health Service System 96 Restrictive Practices in Schools (see also Article 24) 97 In Prisons (see also Articles 13 and 14) 97 Juvenile Justice (see also Article 13) 99 Immigration Detention Centres 100 Medical or Scientific Experimentation Without Free and Informed Consent 101 RECOMMENDATIONS Article 15 101
STATUS IN AUSTRALIA 103 General Legal and Policy Framework 103 Incidence Data, Identification and Reporting 105 Institutions and Residential Care Facilities 108 Mental Health Services 110 In the Education System 111 Social Protection Measures and Support Programs 111 Domestic Violence Services 112 RECOMMENDATIONS Article 16 113 Article 17 — Protecting the integrity of the person 115 STATUS IN AUSTRALIA 115 Australia’s Interpretative Declaration on Article 17 115 Involuntary Mental Health Treatment 117 RECOMMENDATIONS Article 17 120
STATUS IN AUSTRALIA 122 Australia’s Interpretative Declaration on Article 18 122 Failure to Consider the Potential Contribution of People with Disability 123 Mandatory HIV Testing 124 Lack of Freedom for People with Disability to Move within Australia 126 RECOMMENDATIONS Article 18 126
STATUS IN AUSTRALIA 128 General Legal and Policy Framework 128 Supported Accommodation, Residential Institutions and Other Specific Purpose Arrangements 129 Younger People Placed in Nursing Homes 131 Unavailable and Inadequate Housing and Supports (see also Articles 18, 20, 26 and 28) 132 Lack of Adequate, Accessible Social and Public Housing 134 Private Rental Housing and Home Ownership 136 RECOMMENDATIONS Article 19 137
STATUS IN AUSTRALIA 139 Program Funding and Access 139 Development of Assistive Devices, Aids and Equipment 141 People with Disability Living in Remote and Rural Areas 142 RECOMMENDATIONS Article 20 142 Article 21— Freedom of expression and opinion and access to information 144 STATUS IN AUSTRALIA 144 Policy Framework 144 Government Information 145 Government Consultation Processes 147 No Official Recognition of Sign Languages 147 RECOMMENDATIONS Article 21 147
STATUS IN AUSTRALIA 149 General Legislative Framework 149 Privacy Concerns arising from the Interaction of Government Agencies and e-health 150 A Lack of Respect for Privacy in Residential Care Facilities and Group Homes 150 Disclosure of “Disability” in Employment 151 Lack of Privacy Acts as Deterrent to the Making of Complaints 151 RECOMMENDATIONS Article 22 151 Article 23 — Respect for Home and the Family 152 STATUS IN AUSTRALIA 152 Legal and Policy Framework 152 Non-Therapeutic Sterilisation 153 Removal of Children from Parents with Disability 154 Reproductive Freedom, Family Planning and Right to Parent 156 Coerced Abortions 157 Unequal Access to Adoption 157 Right to Sex and Relationships 158 Right of Children with Disability to Live in a Family 159 RECOMMENDATIONS Article 23 160
STATUS IN AUSTRALIA 162 General Legal and Policy Framework 162 Incidence of Educational Disadvantage 163 ‘Special’ or Segregated Schools 163 Inclusive Mainstream Primary and Secondary Schools 165 Restrictive Practices, Bullying and Inappropriate Discipline 167 Inadequate Funding and Support Arrangements 168 Tertiary Education 169 Lack of Trained Teachers and Education Professionals 170 RECOMMENDATIONS Article 24 171
STATUS IN AUSTRALIA 173 Affordability of Health Care 173 Access Barriers 174 Population–Based Public Health Programs Fail to Include People with Disability 174 Women 175 Lack of Disability Specific Health Services 176 Lack of Services for People with a Psychosocial Disability 176 Aboriginal and Torres Strait Islander Australians: Failure to Prevent Secondary Disabilities 177 Quality of Care, Communication and Training 177 RECOMMENDATIONS Article 25 178
STATUS IN AUSTRALIA 179 Access to Therapy or Allied Health Services 179 Underfunding of Disability Services 180 Health Services and Rehabilitation Programs 180 Rural Areas 181 Aboriginal and Torres Strait Islander Australians 181 People from Culturally and Linguistically Diverse Backgrounds 182 People with Psychosocial Disability 182 Data Limitations 183 Aids and Equipment 183 Staff Training 183 RECOMMENDATIONS Article 26 184
STATUS IN AUSTRALIA 185 Mainstream or Open Employment Support 187 Segregated Employment 189 Women with Disability 190 RECOMMENDATIONS Article 27 191 Article 28 — Adequate standard of living and social protection 192 STATUS IN AUSTRALIA 192 Impairment Ratings Exclude Certain Disability Types 193 Waiting Period for Immigrants 194 Ensuring an Adequate Standard of Living 195 Lack of Measures Taken to Recognise the Connection between Poverty and Disability 196 RECOMMENDATIONS Article 28 197
STATUS IN AUSTRALIA 198 Exclusion from the Electoral Roll 198 Lack of Access to Secret Ballots 199 Inability to Access Postal Voting 201 Inaccessible Voting Locations and Information 201 Disenfranchisement of People with Disability 203 Absence of People with Disability in Representative Government Capacity 203 Insufficient Government Support to Representative Disability Organisations 204 RECOMMENDATIONS Article 29 204 Article 30 — Participation in cultural life, recreation, leisure and sport 206 STATUS IN AUSTRALIA 206 Inaccessible Cultural Events, Performances and Materials 206 Lack of Opportunities to Develop Creative Endeavours 208 Inaccessible Tourism Services and Facilities 208 Low Participation Rates in Sport and Recreation 209 Friendship and Social Connections 210 RECOMMENDATIONS Article 30 210 Article 31 — statistics and data collection 211 STATUS IN AUSTRALIA 211 RECOMMENDATIONS Article 31 212
STATUS IN AUSTRALIA 213 RECOMMENDATIONS Article 32 214
STATUS IN AUSTRALIA 215 RECOMMENDATIONS Article 33 216
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