2. Rights protection, justice and legislation

Australia is a signatory to the UN Convention on the Rights of Persons with Disabilities, and has a legislative framework protecting individual rights. But rights do not exist in a vacuum and only have meaning if they are able to be exercised in the real world. There are many barriers to overcome before the rights enshrined in the UN Convention are able to be realised in practice.

Outcome

People with disability to have their rights promoted, upheld and protected.

Policy Directions

• Increased awareness and acceptance of the rights of people with disability.
• Remove societal barriers preventing people with disability participating as equal citizens.
• People with disability to have access to justice.
• People with disability to be safe from violence, exploitation and neglect.
• More effective responses from the criminal justice system to people with disability who have complex needs and heightened vulnerabilities.

Areas for future action

2.1 Promote awareness and acceptance of the rights of people with disability.

2.2 Monitor and ensure compliance with international human rights obligations.

2.3 Develop strategies to reduce violence, abuse and neglect of people with disability.

2.4 Review restrictive legislation and practices from a human rights perspective.

2.5 Examine recommendations arising from the report of the Joint Standing Committee on Migration on migration treatment of disability, Enabling Australia.

2.6 Improve the reach and effectiveness of all complaint mechanisms.

2.7 Provide greater support for people with disability with heightened vulnerabilities to participate in legal processes on an equal basis with others.

2.8 Ensure people with disability have every opportunity to be active participants in the civic life of the community—as jurors, board members and elected representatives.

2.9 Support people with disability with heightened vulnerabilities in any contacts with the criminal justice system, with an emphasis on early identification, diversion and support.

2.10 Ensure that people with disability leaving custodial facilities have improved access to support in order to reduce recidivism. This may include income and accommodation support and education, pre-employment, training and employment services.

2.11 Support independent advocacy to protect the rights of people with disability.

2.12 Ensure supported decision-making safeguards for those people who need them are in place, including accountability of guardianship and substitute decision-makers.