Australia has failed to establish a comprehensive, judicially enforceable Human Rights Act that incorporates Australia’s obligations under the Convention. Existing legislation falls short of complete implementation of Convention obligations. Current anti-discrimination legislation does not effectively protect against systemic and intersectional discrimination. Disability discrimination legislation also sets limitations and exemptions that undermine its effectiveness.
Legislation, policy and programs differ between state and territory governments. This restricts the ability of people with disability to move between jurisdictions and obtain equal protection of their rights and freedoms throughout the country.
Australia must create a Human Rights Act that provides protection for the broader human rights reflected in the CRPD.
