PWDA welcomes the opportunity to comment on the Parliamentary Joint Committee on Human Rights’ Inquiry into Australia’s Human Rights Framework.
Our key recommendation to the Inquiry is that Australia enacts a federal human rights act that upholds the rights of all Australians, including people with disability.
As a national peak disability rights and advocacy organisation, our submission will focus on implementing the Convention on the Rights of Persons with Disabilities (CRPD) through a national human rights act.
The CRPD sets a progressive agenda for disability rights. The creation of the CRPD marked a significant moment in history, as it globally recognised people with disability as rights holders, rather than objects of charity and social welfare.[1] It was created by us and for us, with non-government organisations and disability-rights activists heavily involved in the negotiation process,[2] including PWDA who played a significant role in the CRPD’s development.
Despite this international progress, Australia has not adequately implemented the CRPD in Australian law.[3] As with many groups, people with disability in Australia enjoy only a ‘patchwork’ of human rights protections.[4] As a result, people with disability commonly experience human rights violations. For example:
- 47% of adults with disability have experienced violence after age 15
- 16% of people aged 15-64 with disability experienced disability discrimination in 2022
- 30% of people aged 15-64 with mobility or communication challenges have difficulty accessing buildings or facilities, and
- people aged 15-64 with disability are more than twice as likely to be in financial stress as those without disability.[5]
As we bear witness to the countless reports of human rights violations at the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (the Disability Royal Commission), we can no longer credibly say that Australia’s human rights protections are adequate for people with disability.
Key recommendation
Recommendation 1 – Australia enacts national human rights legislation that upholds the rights of all Australians, including people with disability, and ensures the full protection of the human rights of people with disability.
We need a national human rights act to make sure our rights are protected in all areas of our lives, no matter where we live. This position and this submission are endorsed by:
- Amnesty International Australia
- Australian Centre for Disability Law
- Children and Young People with Disability Australia
- Disability Advocacy Network Australia
- National Ethnic Disability Alliance
- Inclusion Australia, and
- Women with Disabilities Australia
Read our full submission here: PDF | Word
[1] United Nations, High Commissioner for Human Rights (2007) Press conference by High Commissioner for Human Rights on signing of convention, United Nations, accessed 23 June 2023.
[2] United Nations, High Commissioner for Human Rights (2007) Press conference by High Commissioner for Human Rights on signing of convention, United Nations, accessed 23 June 2023.
[3] Committee on the Rights of Persons with Disabilities (2019) Concluding observations on the combined second and third periodic reports of Australia, United Nations.
[4] Australian Human Rights Commission (AHRC) (2022) Free & equal position paper: a human rights act for Australia, AHRC 10.
[5] The Australian Institute of Health and Welfare (AIHW) (2022) People with disability in Australia 2022, AIHW, Australian Government.