Table of contents executive Summary recommendations 11 Acknowledgements 26 Background 28 methodology 30 Article — general obligations 33



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methodology


Organisation and Participation

  1. The NGO Shadow Report on the Convention on the Rights of Persons with Disabilities (CRPD) was drafted by a Project Group comprised of representatives from seven leading disability organisations in Australia, with the aim being to assess Australia’s compliance with the CRPD from a Civil Society perspective.

  2. The Coordinating Committee for the CRPD Shadow Report project was comprised of the following organisations:

        1. Australian Centre for Disability Law (formerly the NSW Disability Discrimination Legal Centre representing the National Association of Community Legal Centres)

        2. People with Disability Australia

        3. Queensland Advocacy Incorporated

  3. A Project Group was established in order to assist in steering the project. The Project Group consisted of representatives from seven organisations:

        1. Australian Disability Rights Network and Redfern Legal Centre

        2. People with Disability Australia

        3. Queensland Advocacy Incorporated

        4. Australian Federation of Disability Organisations

        5. Australian Centre for Disability Law (formerly the NSW Disability Discrimination Legal Centre)

        6. Disability Advocacy Network Australia

        7. Australian Human Rights Centre

        8. First Peoples Disability Network Australia

  4. The role of the Project Group was to:

        1. Provide advice on the process for developing the Shadow Report

        2. Coordinate consultations at a State/Territory level

        3. Assist with seeking funding for the development of the Shadow Report and sending the NGO delegation to the UN

        4. Provide direction to DLA Piper by providing information such as contacts, statistics, reports, etc

        5. Endorse the Shadow Report

  5. The Project Group was supported in this task by the pro bono support of DLA Piper, who assisted in facilitating the consultations in each State and Territory in Australia, in addition to providing an initial draft of the Shadow Report and ongoing support in finalising the report.

  6. The specific role of DLA Piper in the project was to:

        1. Develop the project plan.

        2. Coordinate project group meetings.

        3. Develop consultation materials, including background information on the Convention on the Rights of Persons with Disabilities (CRPD), consultation workbook and program.

        4. Undertake consultations in conjunction with project group members, including organising the logistics and program for State and Territory consultations.

        5. Provide the initial draft of the Shadow Report on the CRPD.

        6. Provide ongoing support and complete follow-up activities on the Shadow Report on the CRPD.

  7. The Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) also provided valuable assistance to the Project Group, providing support for the consultations that took place throughout Australia and for a consultant to redraft the report.

  8. Each Coordinating Committee member contributed much time in developing the project, organising the project group and instructing DLA Piper. Each Project Group member contributed significantly to the preparation of consultation materials, co-facilitation of consultations throughout Australia, to the development of the website and drafting and editing the Shadow Report.

  9. The aims of the Civil Society Shadow Report were to:

        1. Reflect the views and lived experience of people with disability in Australia.

        2. Identify the extent to which people with disability in Australia currently enjoy the fundamental human rights and freedoms provided for in the CRPD.

        3. Identify the extent of the realisation of each article of the CRPD.

        4. Identify those matters preventing the full enjoyment by people with disability in Australia of the CRPD rights and freedoms.

        5. Promote the full realisation of the CRPD rights and freedoms.

        6. Make recommendations for government action that will assist in the realisation of the CRPD rights and freedoms.

Considerations

  1. In analysing Australia’s implementation of the CRPD, the Project Group took note of:

        1. The lived experience of people with disability in Australia

        2. The implementation of new policies

        3. Legislation translating political will into a legal framework

        4. Program development translating both policies and legislation into practical change

        5. Financial resource allocation

        6. The training of government personnel in CRPD rights

        7. The incorporation of persons with all types of disability from all socio-economic, religious and cultural backgrounds in all policy and legislative development

        8. The inclusion of a gender analysis in the legislative, administrative and policy framework.

Process

  1. From November to December 2009, community consultations were undertaken in the form of a listening tour. Project Group representatives travelled to capital cities in Australia and consulted with people with disability and their representative and advocacy organisations to discuss the CRPD and the lived experience of people with disability. Consultations were held in Sydney (10 November 2009), Melbourne (16 November 2009), Canberra (20 November 2009), Adelaide (25 November 2009), Perth (30 November 2009), Darwin (7 December 2009), Tasmania (3 December 2009) and Brisbane (12 December 2009).

  2. In December 2009 a website was created to provide information on the CRPD shadow report for both the disability sector and the general public, with the further intention being that it would encourage submissions, of which over 200 responses were made. The website was regularly updated throughout the project.21

  3. During 2010 the project group invited disability representative, advocacy, and legal organizations to provide information about the lived experience of their members, clients and constituents with disability.

  4. In April 2010, Project Group representatives met with First Peoples Disability Network (Australia) to discuss the CRPD and the lived experience of Aboriginal and Torres Strait Islander peoples with disability.



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