Disability Rights projects 2007-08
Introduction
This is a draft outline of projects planned for 2007-08. Comments are welcome and should be addressed to disabdis@humanrights.gov.au
Current and proposed projects are organised here by reference to relevant Articles of the Convention on the Rights of Persons with Disabilities.
This Convention has been signed although not yet ratified by Australia . Pre-ratification processes will include review by Australian governments of the degree of compliance achieved and areas where further action is necessary for compliance.
Use of the Convention to structure this plan does not pre-suppose ratification of the Convention now or during the 2007-08 year: projects do not extend beyond the jurisdiction of the Commission under the Disability Discrimination Act and the Human Rights and Equal Opportunity Commission Act.
The Convention does however offer an opportunity to place the Commission's disability policy program in the context of a broader agenda on disability and human rights, and assess how projects fit into the highest level objective of the DDA, of ensuring as far as possible that people with disabilities enjoy the same rights as all members of the community.
Planning criteria
HREOC disability rights programs are planned by reference to the Commission's jurisdiction under the Disability Discrimination Act and the Human Rights and Equal Opportunity Commission Act and the following planning criteria developed in Commission wide planning in 1998:
- Significance of issue: serious impact/urgency/range of people affected
- Effective and distinctive role for HREOC
- Appropriate relationships to government and parliament
- Effective partnerships with appropriate organisations
- Effective use of/relationship to relevant Commission resources (including complaint function, public affairs and public/political role of Commissioner)
- Likely outcome justifying resources committed
- Broadening reach and relevance of human rights in Australian community
- Enhancing ownership of human rights in community
Major strategies:
- Promote ratification of Convention on Rights of Persons with Disabilities including promoting effective review of laws, policies and programs; promote awareness of Convention; promote development of NGO strategies to use Convention
- Promote adoption and implementation of DDA Disability Standards (where reasonably achievable and broadly supported)
- Use public inquiry processes, emphasising use of internet and media, to ensure opportunity to participate for broadest range of affected parties and to increase awareness of DDA requirements
- Assist and encourage industry bodies to develop compliance strategies
- Assist and encourage relevant regulatory bodies to ensure that their regimes deal with DDA requirements
- Promote and publicise development of Disability Action Plans
- Deal with DDA exemption applications through public processes to promote accountability, and in accordance with HREOC's policy so as to promote the objects of the DDA
- Ensure disability community organisations are aware of possibilities for using DDA processes effectively
- Use internet as fully as possible in all activities, to continue increasing efficiency, effectiveness of participation by interested parties, and breadth of reach of information.
- Ensure availability of material in other formats according to demand.
- Assist HREOC complaints section in publicising outcomes of conciliation of complaints
- With HREOC legal section, assist Disability Discrimination Commissioner to use amicus curiae function effectively
Project areas
Appropriate measures for implementation of rights recognised in Convention
Convention article 4.1 commits parties to:
( a) adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention
(c ) take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes;
(d) refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;
HREOC will
- promote consideration in pre-ratification processes of needs and possibilities for improved cross- government and inter-governmental mechanisms for ensuring human rights in practice for people with disabilities
- review all policies and programs to ensure that disability aspects are appropriately considered
- review its own operations to ensure compliance with disability access requirements, including considering procedures for ensuring accessibility in procurement of facilities and equipment.
Legislative measures against discrimination
Convention article 4.1(b) states that parties should
take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities
HREOC will assist in finalising, and support passage of , amendments to the DDA to implement the Governement's response to the Productivity Commission review of the DDA.
Promotion of universally designed goods, services, equipment and facilities
Convention Article 4(1)(f) states that parties should
undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines
HREOC will
- Promote adoption of accessible procurement policies and dissemination and sharing of information on accessible procurement by government, major employers and education authorities
- Produce a discussion paper on accessibility issues in consumer electronics
Consultation with representative organisations
Convention article 4.3 states
In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.
HREOC will
- Continue consulting with disability representative organisations on actions to be taken by HREOC in relation to the Convention
- Support government maintaining in pre-ratification processes the same commitment to consultation and participation shown during the development of the Convetion
Ensuring provision of reasonable accommodation
Convention article 5.3 states that
to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.
HREOC will
- Assist in finalising, and support passage of, amendments to the DDA to expressly recognise obligations to provide reasonable accommodation
- Support further development of the JobAccess facility to provide easy access to information on making reasonable adjustments in employment
- Review its own guidance material on reasonable adjustment in employment following the introduction of amendments to the DDA expressly providing for reasonable adjustment
- Promote further review of the usability of the Workplace Modifications Scheme
- Seek opportunities for development of mechanisms for sharing and dissemination of information on making reasonable adjustments in education
Women with disabilities
Convention Article 6.1 states:
States Parties recognize that women and girls with disabilities are subject to multiple discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms.
HREOC will
- Ensure that organisations of women with disabilities are consulted in development of its own policies and programs on disability and on gender and sex discrimination issues and promote such consultation by goverenments in development of relevant policies and programs.
- Ensure a specific focus on womens health issues continues as part of its projects on access to health services
- Continue to work to promote protection against medically unnecessary sterilising surgery being performed without informed consent by the woman or girl concerned
- Ensure a specific focus on gender issues in its work on disability and employment including in relation to women as carers
- Consult with disability and women's organisations on possibilities for work on responses to abuse including accessibility and appopriateness of emergency accommodation
Children with disabilities
Convention article 7 states
States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
HREOC will
- Ensure that children with disabilities are considered in development of its own policies and programs on disability and on children's rights issues and promote such consultation by governments in development of relevant policies and programs
- Ensure that work on access and inclusion in education (see article …) includes pre-school, primary and secondary as well as tertiary education
- Promote consideration in pre-ratification processes of means for improving access to pre-school and after school care for children with disabilities in practice
- Promote more effective inclusion of children with disabilities in sports Promote development and implementation of standards on accessibility of play and recreation facilities and equipment
Awareness raising
Convention article 8 states that parties will
adopt immediate, effective and appropriate measures:
- To raise awareness throughout society, including at the family level, regarding persons with disabilities, and to foster respect for the rights and dignity of persons with disabilities;
- To combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life;
- To promote awareness of the capabilities and contributions of persons with disabilities.
HREOC will
- Include public awareness and information as a component of all disability rights projects as far as possible including through regular issues based media releases on current issues
- Continue publicising complaint outcomes under the DDA
- Monitor ongoing discussions at State / Territory level regarding legislative measures against vilification of persons with disability
Accessibility
Convention Article 9 states that parties will
take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public.
HREOC will
- Continue to promote conclusion of a Disability Standard on access to premises
- Promote consideration of further standards development and/or other regulatory and policy measures on issues of access to premises and facilities not covered by the Building Code of Australia and thus the current draft Standard
- In particular promote consideration of measures on accessibility of play and recreation equipment
- Promote more extensive use by the Australian Communications and Media Authority of the regulatory and quasi regulatory mechanisms available for promoting telecommunications access including in relation to emerging service models
- Participate in industry reviews of possibilities for increased captioning of broadcast and subscription television services
- Finalise guidelines on achieving accessibility for buildings and services
- Participate in the 5 year review of the Disability Standards for Accessible Public Transport
- Deal with exemption applications including in relation to public transport and building access issues in a manner which promotes improved access over time
- Continue to promote web accessibility as appropriate opportunities arise
- Invite community members to submit examples of good and bad practice in information access
Convention Article 10 – right to life:
no projects currently identified.
Situations of risk and emergencies
Convention article 11 states that parties will take
all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters
HREOC will
- Promote review by governments of effective inclusion of people with disability in emergency and disaster planning in the context of pre-ratification processes
- Provide links on its website to relevant overseas material on this issue including form the US Access Board
Equal recognition before the law
(No projects identified on formal legal recognition or guardianship issues)
Convention article 12.5 states that parties
shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit
HREOC will
- Promote continuing review by banks and financial institutions of any barriers to independent use of banking and financial facilities on the basis of disability
Access to justice
Convention article 13 states that parties will
1. ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.
2. In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff.
HREOC will
- Promote review by governments of adequacy of procedures in this area in the context of pre-ratification processes
- Promote continued development of disability action plans for law and justice agencies
Liberty and security of the person
Convention Article 14 states that parties shall
1. ensure that persons with disabilities, on an equal basis with others:
- Enjoy the right to liberty and security of person;
- Are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a disability shall in no case justify a deprivation of liberty.
and
… shall ensure that if persons with disabilities are deprived of their liberty through any process, they are, on an equal basis with others, entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention, including by provision of reasonable accommodation.
HREOC will
- Promote consideration in pre-ratification processes of access for people with disability to diversionary programs and other measures to address disproportionately high imprisonment rates among people with psychiatric or intellectual disability and of adequacy of supports for prisoners with disability during detention and on release.
Freedom from degrading treatment, exploitation, violence and abuse
Convention articles 15 and 16 state that parties
shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment
shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects.
HREOC will
- Promote review by governments of measures to prevent abuse in the context of pre-ratification processes
- In particular promote review of accessibility of emergency measures such a temporary accommodation for women with disability seeking to leave abusive situations
Integrity of the person
Convention article 17 states that
Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others
HEROC will
- Continue to promote improved protection against inappropriate use of sterilising surgery
- Consider the relevance of this Article in any future involvement in proceedings where gender re-assignment surgery is proposed as a treatment for a psychiatric condition of gender dysphoria
Freedom of movement and nationality
Convention article 18 1. states that parties
shall recognize the rights of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities:
- Have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability;
- Are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement;
- Are free to leave any country, including their own;
- Are not deprived, arbitrarily or on the basis of disability, of the right to enter their own country.
HREOC will
- Pursue review by government in the context of pre-ratification processes of accessibility and transparency of processes for determining access to visas to enter and remain in Australia (including decisions on relative costs and benefits to the community when a person with disability seeks entry)
Living independently
Convention article 19 states that parties
recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that :
- Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;
- Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;
- Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.
HREOC will
- Raise with government in the context of pre-ratification processes the adequacy of current funding levels and models (including in relation to people with psychiatric disabilities) for supporting people with disability effectively in community living
Personal mobility
Convention article 20 states that parties shall
take effective measures to ensure personal mobility with the greatest possible independence for persons with disabilities, including by :
- Facilitating the personal mobility of persons with disabilities in the manner and at the time of their choice, and at affordable cost;
- Facilitating access by persons with disabilities to quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries, including by making them available at affordable cost;
- Providing training in mobility skills to persons with disabilities and to specialist staff working with persons with disabilities;
- Encouraging entities that produce mobility aids, devices and assistive technologies to take into account all aspects of mobility for persons with disabilities
HREOC will
- Encourage review of adequacy of PADP and similar programs (both in level of funding available and breadth and flexibility of eligibility criteria and items available for funding) in the context of pre-ratification processes
- Promote discussion between State transport authorities and consumer affairs authorities on provision of information to consumers of fitness of mobility aids for travel on public transport
Freedom of expression and opinion and access to information
Convention article 21 states that parties will
take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice, as defined in article 2 of the present Convention, including by:
- Providing information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost;
- Accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions;
- Urging private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities;
- Encouraging the mass media, including providers of information through the Internet, to make their services accessible to persons with disabilities;
- Recognizing and promoting the use of sign languages.
HREOC will
- Continue to promote provision of information in accessible form through the WorldWideWeb
- Monitor revision of the W3C Web Content Accessibility Guidelines
- Promote consideration by government agencies of expanded availability of sign language interpreting through remote interpreting via internet links.
- Participate in industry reviews of possible increases in captioning of broadcast and subscription television services
- Promote increased accessibility of DVDs
- Participate in review of cinema captioning programs
Freedom from interference with privacy, family, home
Convention article 22 states
No person with disabilities, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation.
HREOC will
- Promote review in the context of pre-ratification processes of the effectiveness of protection of privacy in institutional living arrangements
- Monitor smartcard developments in relation to effective access and privacy protection for people with disability
- Monitor ongoing discussions at State / Territory level regarding legislative measures against vilification and harassment of persons with disability
Family life
Convention article 23 states that parties shall
- take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships, on an equal basis with others
- render appropriate assistance to persons with disabilities in the performance of their child-rearing responsibilities
and that (subject to the best interests of the child)
- In no case shall a child be separated from parents on the basis of a disability of either the child or one or both of the parents.
HREOC will
- In consultation with the Family Law Council, raise with governments in the context of pre-ratification processes issues of appropriate supports for parents with disability to avoid separation of families where possible
Education
Convention article 24 recognises the right to education and requires measures to ensure equal access to education
HREOC will
• Seek permission to re-use UK DRC resources on non-discriminatory education and pursue their distribution within the Australian education sector
• Pursue development of accessible procurement policies and information resources within the Australian education sector
Health
Convention article 25 states that parties will take all appropriate measures to ensure equally effective access to health services for people with disabilities.
HREOC will
- Continue to work with government and representatives of health professionals and people with disability to develop and secure implementation of initiatives to improve access to health services
Rehabilitation
Convention article 26 states that parties will take effective and appropriate measures to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life; including through comprehensive habilitation and rehabilitation services and programmes and promotion of availability of assistive technologies.
HREOC will
• Promote review of adequacy of programs and services in this area in the context of pre-ratification processes
• Promote particular attention to mental health issues regarding re-entry to employment and education
Work and employment
Convention article 27 states that parties shall safeguard and promote the realization of the right to work by taking appropriate steps, including through legislation, to, inter alia:
- Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions;
- Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;
- Ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others;
- Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training;
- Promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment;
- Promote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting one's own business;
- Employ persons with disabilities in the public sector;
- Promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures;
- Ensure that reasonable accommodation is provided to persons with disabilities in the workplace;
- Promote the acquisition by persons with disabilities of work experience in the open labour market;
- Promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.
HREOC will
- follow up HREOC's employment and disability inquiry to the extent permitted by available resources
- continue to convene groups on employment supports and a national disability employment strategy and (in co-operation with OASCC) on occupational health and safety issues
- support efforts by employer and recruitment industry bodies to promote funding for a diversity field officer model in employment
- monitor progress of and contribute as appropriate to DEWR's three year project on best practice on mental health and employment
- monitor the impact on people with intellectual disabilities of two year limit on support needs for capped employment support programs
- prepare a scoping paper on issues affecting indigenous people with disability in receiving effective employment supports
Adequate standard of living
Convention article 28 states that parties
recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
HREOC will
- Promote consideration of issues under this article in pre-ratification processes
- Continue to co-operate with housing industry and disability representative organisations and building authorities in promoting accessible and adaptable housing
- Monitor the impact of behaviour contracts etc for public housing tenants on people with disability in co-operation with disability representative and tenancy organisations
- Monitor progress of projects on mental illness and accommodation
Participation in political and public life
Convention article 29 states that parties will guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake to:
- Ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by:
- Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
- Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;
- Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;
- Promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
- Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;
- Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.
HREOC will
- Continue to pursue with electoral authorities access issues affecting voting, including monitoring the results of this year's federal trial of electronically assisted voting
- Raise with political party organisations prior to this year's federal election issues of accessibility of their materials and processes for people with disability
Participation in cultural life, leisure and sport
Convention article 30 requires measures to ensure equal opportunities to participate in cultural life, recreational and sporting activities.
HREOC will
- Continue its projects on media access including cinema and television captioning
- Monitor ongoing research on accessible tourism
- Pursue initiatives with publishers to secure access on equitable terms to accessible electronic versions of books for people with print disabilities
- Promote consideration by all levels of government in the context of pre-ratification processes of levels and methods of support for participation in sport and recreation
- Promote access to information on best practice initiatives in promoting participation in sport
- Pursue policy and regulatory options for promoting accessibility of play and recreation facilities
Statistics and data collection
Under Convention article 31 parties
undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention
HREOC will
- Raise data collection issues in pre-ratification processes
- Continue to seek opportunities to promote improved data collection on disability in Australia including possibilities for benchmarking studies on current levels of accessibility in key areas
International co-operation
Convention article 32 states that parties recognise the importance of international co-operation and will take effective measures including
- Ensuring that international cooperation, including international development programmes, is inclusive of and accessible to persons with disabilities;
- Facilitating and supporting capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices;
- Facilitating cooperation in research and access to scientific and technical knowledge;
- Providing, as appropriate, technical and economic assistance, including by facilitating access to and sharing of accessible and assistive technologies, and through the transfer of technologies.
HREOC will
- continue work with the Asia Pacific Forum on development of tools for sharing experience in implementing disability rights
- continue to make our own experience as extensively available as possible through use of the internet
- seek opportunities to promote international co-operation in development and application of accessibility standards policies and guidelines
National implementation and monitoring
Convention article 33 states that parties will
designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.
HREOC will
- commence discussion with government of appropriate coordination mechanisms and focal points for implementation
Accessible formats of Convention
Convention article 49 states that
The text of the present Convention shall be made available in accessible formats
HREOC will
- Provide links to the Convention in accessible formats where available from UN site
- Pursue making available within Australia of the Convention in Braille and audio formats