RECOMMENDATIONS Article 29 -
That Australia preserves the right of people with disability to vote in elections on an equal basis with others by removing section 93(8) of the Electoral Act 1918 (Cth) (‘unsound mind’ provision) and/or enacts alternate legislation restoring the presumption of the capacity of people with disability to vote and exercise choice.
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That Australia conducts a thorough, critical review of the legislative and administrative arrangements governing electoral matters to ensure that people with disability can fully and equally participate in electoral processes, including obtaining the right to cast a secret ballot freely and independently.
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That Australia ensures that all aspects of voting in an election are made accessible to all citizens with a disability who are eligible to vote by:
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enabling people with disability to more easily register for a postal or pre-poll vote;
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ensuring access to voting places that allow access by public transport and entry to polling stations;
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providing voting information and forms in alternative formats; and
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making available electronically assisted forms of voting to those who need it, regardless of cost of providing this facility.
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That Australia ensures that voting materials including ‘how to vote’ information and the materials involved in recording and lodging votes are provided in alternative formats. This includes the provision of hearing augmentation systems, Auslan interpreters, audio descriptions, Braille versions of documents, materials in easy and plain English and the right to have a person of own choosing to assist with the voting process.
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That Australia ensures voting rights for all Australian citizens held in custody, regardless of the length of their prison sentence.
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That public services in all jurisdictions increase opportunities and support for people with disability to play an active role in public administration.
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That Australia addresses leadership development for people with disability by resourcing people with disability and their representative organisations to develop leadership development initiatives and to promote participation by people with disability in all areas of political and civic life at all tiers of government in Australia.
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That Australia provides adequate resources to representative organisations of people with disability to enable them to participate in the policy process.
Article 30 — Participation in cultural life, recreation, leisure and sport -
In 2009, Australia launched the National Arts and Disability Strategy.633 Since then there have been inadequate resources allocated to the Strategy to achieve comprehensive implementation.634
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The National Disability Strategy (NDS) includes a policy direction for increasing participation of people with disability in the “social, cultural, religious, recreational and sporting life of the community”.635 The NDS recognises that barriers to the built environment as well as social and attitudinal barriers prevent or limit people with disability from participation and create a situation of isolation and loneliness. However, aside from the National Arts and Disability Strategy and some measures to address accessibility, there are no comprehensive measures to address these barriers, particularly the circumstances that create isolation and loneliness.
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People with disability in Australia have lower rates of attendance at both sporting and cultural events, and lower rates of participation in sports.636 Nearly 30 percent of people with disability do not leave home as often as they would like, with the majority citing their disability or the cost of going out as the primary reasons.
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With considerable competing priorities for resources in meeting the basic needs of people with disability, there is an attitude that facilitating participation in recreation and cultural opportunities is a ‘luxury’ rather than a right, which can be addressed if funding and other funding factors permit.
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People with disability from Aboriginal and Torres Strait Islander communities face considerable barriers in participating in cultural events and activities.
Inaccessible Cultural Events, Performances and Materials -
The formats through which art and culture are expressed or conveyed are not always accessible for some people with disability. Information about upcoming or popular art events and cultural exhibits may be accessible for people generally, but not to some people with disability with sensory or cognitive impairment.
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Compulsory regulation of accessible information is currently limited to captioning on television for news programs and at prime evening times.637
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Many people describe being unable to access places for cultural performances and materials such as galleries, museums, cinemas and concert halls due to a combination of physical inaccessibility of premises, information not being given in alternative formats, material being provided without reasonable adjustments, and staff lacking skills in understanding disability issues and knowing how to assist.
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The relative unavailability of accessible transport to cultural performances is another barrier to cultural participation. Accessible transport to various events typically runs only in daytime hours meaning people with disability do not have access to any of the various night time events.638
Case Study
“I do not have access to plays, television, movies, tourism and other cultural events in the same way as others because there is no interpreter provided... I cannot attend plays and movies in the same way, because with plays if they provide an interpreter it is only at a specific date/time rather than at a date/time I would just choose to go the same as others. With movies, there [are none with] captions in my area. The closest one is 2 hours away and they are held at specific days/time so I can’t just go like others.”639
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People with disability from different cultural backgrounds report that it can be difficult to participate in culturally important activities, such as attending church.640
Case Study
“Sometimes it is harder to be part of a group if you have a disability and are within a church group. Because I could not physically do things I found it harder to belong in the church group. I felt like if I did not physically contribute and because I was from a culturally diverse background, I had ‘double discrimination’ because of my disability and being from a [non-English speaking background] background.”
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There is little data on the cultural inclusion of people with disability from non-English speaking backgrounds or Aboriginal and Torres Strait Islander people with disability.
Lack of Opportunities to Develop Creative Endeavours -
Artists with disability are not well promoted in the arts community and attitudes to the employment of people with disability in this sector are a constant barrier.641
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There are insufficient statistics regarding people with disability working in the arts industry to provide comprehensive analysis of current trends.
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People often face discrimination in the audition and training processes for various performing arts, particularly on the basis of ‘visible’ disability.642 Further, the lack of reasonable adjustments such as captioning and audio description, prevent people with disability from considering engaging in the arts community.
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People with disability are not encouraged to pursue a passion or career in the arts, nor is it sufficiently considered or promoted as a valid career path.
Inaccessible Tourism Services and Facilities -
Many people with disability face difficulties accessing places for tourism services. The tourism industry in Australia is content with ‘comfortable inaction’ on making buildings and services more accessible.643
Case Study
“In February I went to Sydney for a couple of meetings. I had two days to fill in between those meetings and decided to become a tourist and take a ride on my mobility scooter along George Street. I wanted to access an internet cafe, I wanted to buy a book, and I wanted to get a take-away meal from Chinatown. I completed none of these tasks. Why? Because one of the major streets, in one of our major cities, and the destination of many hundreds of thousands of tourists, was lined with shops and facilities which all required my mobility scooter to climb steps into them. Eventually I had to swallow my pride and at the stepped door of a pharmacy shout for an assistant to come serve me. No other people who wanted something from that pharmacy were served at the door — so why is it that tourists with a disability, as I was in Sydney a few weeks ago, have to accept door step service?”644
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Many people complain about the lack of information regarding accessible tourism operators, while the information that is available is “fragmented”, “generally unreliable” and “inaccurate”.645 Moreover, people with disability dislike the negative experience of being segregated from the general public and catered for as a separate group.646
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Many barriers remain for people with disability to engage fully in sports and physical activity compared to other Australians. Disability support staff are often only available to support people with disability to attend congregate and segregated day programs or segregated sheltered employment programs during normal business hours from Monday to Friday. The institutionalised nature of these activity programs is largely constructed around carer respite needs and disability residential care facilities that allow very little choice and freedom for individuals. Little or no support funding is available for after-hours participation which restricts social inclusion and participation when most of the community is enjoying recreation.
Case Study
“There is no opportunity for people to attend events at night due to restriction of transport and support staff hours at night time.”647
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Insufficient funding characterises most of the problems faced by people with disability participating in sport. Support for grass roots participation and pathways to elite level competition are lacking due to the largely voluntary nature of the workforce in this area. Disability support costs present a major challenge for sport and recreation clubs and organisations.
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The cost of purchasing specialised sporting equipment such as modified wheelchairs, bats/racquets and access to modified playing areas/surfaces is beyond the means of most people.648 For example the cost of specialised equipment and regular repairs posed a significant barrier to entry for most people with disability.649
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Integration in sporting and leisure activities is encouraged by Australia, but the means to integrate a person with disability is often not funded. For instance, people with disability from non-English speaking backgrounds may not have the confidence, English proficiency or social skills to join a mainstream activity, and have little means to develop such skills.650
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A great deal more attention has been paid to participation in organised sports and physical activity than to the much broader range of leisure and recreation opportunities that include more social, passive and less structured activities and pastimes. Most of the endeavours have focused on the development of sports clubs and organisations, but the failure to properly address the aspirations and needs of people with disability themselves means that much of this work is not of direct benefit to those who need support.651
Friendship and Social Connections -
Consultations with people with disability concerning unmet needs and aspirations continuously give prominence to a desire and need for friendship and social connection, particularly for those people with disability who are most socially marginalised. There is more emphasis on physical aspects of sports rather than supporting relationship needs through participation in a much wider range of recreation, sport and cultural activities.
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