Table of contents executive Summary recommendations 11 Acknowledgements 26 Background 28 methodology 30 Article — general obligations 33
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- Article 5 — Equality and non-DISCRIMINATION 36
- Article 6 — wOMEN WITH dISABILITIES 41
- Article 7 — Children with Disabilities 44
- Article 8 — Awareness-raising 48
- Article 10 — right to life 56
- Article 11 — Situations of risk and humanitarian emergencies 61
- Article 12 — Equal recognition before the law 65
- Article 13 — Access to justice 70
- Article 14 — Liberty and security of the person 79
- Article 15 — Freedom from torture or cruel, inhuman or degrading treatment or punishment 85
- Article 16 — Freedom from exploitation, violence and abuse 96
- Article 17 — Protecting the integrity of the person 107
- Article 19 — Living independently and being included in the community 118
- Article 20 — Personal mobility 129
- Article 21— Freedom of expression and opinion and access to information 133
- Article 22 — Respect for privacy 137
- Article 23 — Respect for Home and the Family 140
- Article 24 — Education 149
- Article 27 — Work and employment 170
- Article 30 — Participation in cultural life, recreation, leisure and sport 192
- Article 31 — statistics and data collection 197
TABLE OF CONTENTS Executive Summary 1 Recommendations 11 Acknowledgements 26 Background 28 methodology 30 Article 4 — GENERAL OBLIGATIONS 33 STATUS IN AUSTRALIA 33 No Legislation to Enact the CRPD 33 Disability Discrimination Legislation 33 National Disability Strategy 33 National Disability Insurance Scheme (NDIS) 33 Engagement with People with Disability through their Representative Organisations 33 National and State Disability Advocacy Programs 34 RECOMMENDATIONS Article 4 34
STATUS IN AUSTRALIA 36 Limitations of the Disability Discrimination Act 1992 (Cth) 37 A Failure to Address Intersectional Discrimination 37 Ineffective Complaints Process 38 Lack of Protection for Systemic Discrimination 39 Lack of Protection against Vilification and Hate Crimes (see also Articles 15 and 16) 40 RECOMMENDATIONS Article 5 40 Article 6 — wOMEN WITH dISABILITIES 41 STATUS IN AUSTRALIA 41 Situation and Data about Girls and Women with Disability in Australia 41 Non-Therapeutic Sterilisation against Girls and Women with Disability (see Article 23) 41 Violence (see Article 16) 42 Discrimination and Inadequate Access to Healthcare (see Articles 23 and 25) 42 Discrimination in Employment and Remuneration (see Articles 27 and 28) 42 Overrepresentation and Treatment in the Prison System (see Articles 13 and 15) 42 RECOMMENDATIONS Article 6 43
STATUS IN AUSTRALIA 44 National Human Rights Protection 44 Freedom to Express Views Freely 45 Aboriginal and Torres Strait Islander Children and Young People with Disability 45 RECOMMENDATIONS Article 7 46 Article 8 — Awareness-raising 48 STATUS IN AUSTRALIA 48 The Media 49 RECOMMENDATION Article 8 51 Article 9 — Accessibility 52 STATUS IN AUSTRALIA 52 Disability Standards for Accessible Public Transport 2002 52 Barriers to Public transport 53 The Disability (Access to Premises — Building) Standards 2010 54 Accessibility and Australian Regulations and Policy 54 Digital Communication and Information (see also Article 21) 55 RECOMMENDATIONS Article 9 55 Article 10 — right to life 56 STATUS IN AUSTRALIA 56 No Legislated Right to Life 56 Lower Life Expectancy 56 Deaths in Residential Disability and Aged Care Facilities 57 Denial of Life Saving Measures 58 Discriminatory Sentencing in Murder Cases 59 High Rates of Suicide 59 RECOMMENDATIONS Article 10 60
STATUS IN AUSTRALIA 61 Inaccessible Early Warning Systems (EWS) 62 Inaccessible Emergency Facilities 62 Lack of Inclusive Disaster Preparedness Planning and Consultation 62 Lack of Inclusive Planning in Reconstruction Efforts 62 Lack of Coordination 63 RECOMMENDATIONS Article 11 63 Article 12 — Equal recognition before the law 65 STATUS IN AUSTRALIA 65 Australia’s Interpretative Declaration on Article 12 65 Discriminatory Laws, Policies and Practice 66 Guardianship, Estate Management and Mental Health Laws 67 Inadequacy of Administrative Arrangements 68 RECOMMENDATIONS Article 12 68
STATUS IN AUSTRALIA 70 Legal Representation 71 Cost Barriers (See also Article 5) 72 Systemic Barriers 73 Reasonable Accommodation 74 Over-Representation in the Prison System 75 Over-Representation in the Juvenile Justice System 76 Trial by Jury 77 RECOMMENDATIONS Article 13 78 Article 14 — Liberty and security of the person 79 STATUS IN AUSTRALIA 79 Guardianship Laws 79 Mental Health Laws and Tribunals 79 Arbitrary Detention in Prisons 81 Arbitrary Arrest and Detention (see also Article 13) 82 Rights in the Prison System 83 RECOMMENDATIONS Article 14 84 Article 15 — Freedom from torture or cruel, inhuman or degrading treatment or punishment 85 STATUS IN AUSTRALIA 85 Restrictive Practices 86 Disability Service System 88 Mental Health Service System 89 Restrictive Practices in Schools (see also Article 24) 90 In Prisons (see also Articles 13 and 14) 91 Juvenile Justice (see also Article 13) 93 Immigration Detention Centres 93 Medical or Scientific Experimentation Without Free and Informed Consent 94 RECOMMENDATIONS Article 15 95
STATUS IN AUSTRALIA 96 General Legal and Policy Framework 96 Incidence Data, Identification and Reporting 98 Institutions and Residential Care Facilities 100 Mental Health Services 102 In the Education System 103 Social Protection Measures and Support Programs 104 Domestic Violence Services 104 RECOMMENDATIONS Article 16 105 Article 17 — Protecting the integrity of the person 107 STATUS IN AUSTRALIA 107 Australia’s Interpretative Declaration on Article 17 107 Involuntary Mental Health Treatment 109 RECOMMENDATIONS Article 17 112
STATUS IN AUSTRALIA 113 Australia’s Interpretative Declaration on Article 18 113 Failure to Consider the Potential Contribution of People with Disability 114 Mandatory HIV Testing 115 Lack of Freedom for People with Disability to Move within Australia 116 RECOMMENDATIONS Article 18 117
STATUS IN AUSTRALIA 118 General Legal and Policy Framework 118 Supported Accommodation, Residential Institutions and Other Specific Purpose Arrangements 119 Younger People Placed in Nursing Homes 121 Unavailable and Inadequate Housing and Supports (see also Articles 18, 20, 26 and 28) 121 Lack of Adequate, Accessible Social and Public Housing 124 Private Rental Housing and Home Ownership 126 RECOMMENDATIONS Article 19 127
STATUS IN AUSTRALIA 129 Program Funding and Access 129 Development of Assistive Devices, Aids and Equipment 131 People with Disability Living in Remote and Rural Areas 132 RECOMMENDATIONS Article 20 132 Article 21— Freedom of expression and opinion and access to information 133 STATUS IN AUSTRALIA 133 Policy Framework 133 Government Information 133 Government Consultation Processes 135 No Official Recognition of Sign Languages 136 RECOMMENDATIONS Article 21 136
STATUS IN AUSTRALIA 137 General Legislative Framework 137 Privacy Concerns arising from the Interaction of Government Agencies and e-health 137 A Lack of Respect for Privacy in Residential Care Facilities and Group Homes 138 Disclosure of “Disability” in Employment 138 Lack of Privacy Acts as Deterrent to the Making of Complaints 139 RECOMMENDATIONS Article 22 139 Article 23 — Respect for Home and the Family 140 STATUS IN AUSTRALIA 140 Legal and Policy Framework 140 Non-Therapeutic Sterilisation 141 Removal of Children from Parents with Disability 142 Reproductive Freedom, Family Planning and Right to Parent 144 Coerced Abortions 144 Unequal Access to Adoption 145 Right to Sex and Relationships 145 Right of Children with Disability to Live in a Family 147 RECOMMENDATIONS Article 23 147
STATUS IN AUSTRALIA 149 General Legal and Policy Framework 149 Incidence of Educational Disadvantage 150 ‘Special’ or Segregated Schools 150 Inclusive Mainstream Primary and Secondary Schools 151 Restrictive Practices, Bullying and Inappropriate Discipline 153 Inadequate Funding and Support Arrangements 154 Tertiary Education 155 Lack of Trained Teachers and Education Professionals 156 RECOMMENDATIONS Article 24 157
STATUS IN AUSTRALIA 159 Affordability of Health Care 159 Access Barriers 160 Population–Based Public Health Programs Fail to Include People with Disability 160 Women 161 Lack of Disability Specific Health Services 161 Lack of Services for People with a Psychosocial Disability 162 Aboriginal and Torres Strait Islander Australians: Failure to Prevent Secondary Disabilities 162 Quality of Care, Communication and Training 163 RECOMMENDATIONS Article 25 163
STATUS IN AUSTRALIA 165 Access to Therapy or Allied Health Services 165 Underfunding of Disability Services 165 Health Services and Rehabilitation Programs 166 Rural Areas 167 Aboriginal and Torres Strait Islander Australians 167 People from Culturally and Linguistically Diverse Backgrounds 167 People with Psychosocial Disability 168 Data Limitations 168 Aids and Equipment 168 Staff Training 169 RECOMMENDATIONS Article 26 169
STATUS IN AUSTRALIA 170 Mainstream or Open Employment Support 173 Segregated Employment 174 Women with Disability 175 RECOMMENDATIONS Article 27 176 Article 28 — Adequate standard of living and social protection 178 STATUS IN AUSTRALIA 178 Impairment Ratings Exclude Certain Disability Types 179 Waiting Period for Immigrants 180 Ensuring an Adequate Standard of Living 181 Lack of Measures Taken to Recognise the Connection between Poverty and Disability 182 RECOMMENDATIONS Article 28 183
STATUS IN AUSTRALIA 184 Exclusion from the Electoral Roll 184 Lack of Access to Secret Ballots 185 Inability to Access Postal Voting 187 Inaccessible Voting Locations and Information 187 Disenfranchisement of People with Disability 188 Absence of People with Disability in Representative Government Capacity 189 Insufficient Government Support to Representative Disability Organisations 189 RECOMMENDATIONS Article 29 190 Article 30 — Participation in cultural life, recreation, leisure and sport 192 STATUS IN AUSTRALIA 192 Inaccessible Cultural Events, Performances and Materials 192 Lack of Opportunities to Develop Creative Endeavours 194 Inaccessible Tourism Services and Facilities 194 Low Participation Rates in Sport and Recreation 195 Friendship and Social Connections 196 RECOMMENDATIONS Article 30 196 Article 31 — statistics and data collection 197 STATUS IN AUSTRALIA 197 RECOMMENDATIONS Article 31 198
STATUS IN AUSTRALIA 199 RECOMMENDATIONS Article 32 200
STATUS IN AUSTRALIA 201 RECOMMENDATIONS Article 33 202 AbBreviations 204 Yüklə 1,19 Mb. Dostları ilə paylaş:
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