1. Australian Federation of Disability Organisations NATIONAL HUMAN RIGHTS ACTION PLAN NGO WORKSHOP: PEOPLE WITH DISABILITY Presentation July 12, 2011

2. Australian Federation of Disability Organisations Human Rights & People with Disability  UNCRPD  Universal Periodic Review  Convention to Eliminate Discrimination Against Women (CEDAW)  Optional Protocol for the Convention Against Torture

3. Australian Federation of Disability Organisations UNCRPD  Reservations Articles 12, 17 and 18

4. Australian Federation of Disability Organisations Article 12 Australia recognizes that persons with disability enjoy legal capacity on an equal basis with others in all aspects of life. Australia declares its understanding that the Convention allows for fully supported or substituted decision-making arrangements, which provide for decisions to be made on behalf of a person, only where such arrangements are necessary, as a last resort and subject to safeguards

5. Australian Federation of Disability Organisations Article 17  Australia recognizes that every person with disability has a right to respect for his or her physical and mental integrity on an equal basis with others. Australia further declares its understanding that the Convention allows for compulsory assistance or treatment of persons, including measures taken for the treatment of mental disability, where such treatment is necessary, as a last resort and subject to safeguards

6. Australian Federation of Disability Organisations Article18  Australia recognizes the rights of persons with disability to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others. Australia further declares its understanding that the Convention does not create a right for a person to enter or remain in a country of which he or she is not a national, nor impact on Australia’s health requirements for non-nationals seeking to enter or remain in Australia, where these requirements are based on legitimate, objective and reasonable criteria.

7. Australian Federation of Disability Organisations Article 35 UNCRPD  Australia’s 1 st report submitted December 2010  Not expected to be heard before late 2012  Shadow Report – www.disabilityrightsnow.org.auwww.disabilityrightsnow.org.au

8. Australian Federation of Disability Organisations Universal Periodic Review  Of 135 recommendations 4 relate specifically to people with disabilities  86.39 - Sterilisation  86.40 - Pursue National Disability Strategy  86.41 - Complete a general framework of measures to ensure equality of chances for people with disabilities  86.46 - ​ Strengthen federal legislation to combat discrimination

9. Australian Federation of Disability Organisations CEDAW Women with Disabilities  participation and representation in all areas of public and political life  high levels of violence against women  non-therapeutic sterilisation without consent

10. Australian Federation of Disability Organisations OPCAT  Australia has signed and not ratified  Australian government presently auditing prisons and psychiatric institutions

11. Australian Federation of Disability Organisations Psychiatric Coercion  … administration of psychiatric treatments such as neuroleptic drugs and electroshock without the free and informed consent of the person concerned may constitute torture or ill-treatment. Involuntary commitment to psychiatric institutions for any reason may also constitute torture or ill-treatment.

12. Australian Federation of Disability Organisations National Disability Strategy  10 year strategy  Adopts principles contained in Article 3 of the UNCRPD  Involves all other areas of govt eg education  Aimed at mainstream services and community infrastructure  Launched this year  Detail still to be developed  Six priority areas and 53 actions

13. Australian Federation of Disability Organisations NDS An inclusive Australian society that enables people with disability to fulfil their potential as equal citizens.

14. Australian Federation of Disability Organisations Article 3 UNCRPD respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons non-discrimination full and effective participation and inclusion in society respect for difference and acceptance of persons with disabilities as part of human diversity and humanity

15. Australian Federation of Disability Organisations Article 3 continued equality of opportunity accessibility equality between men and women respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

16. Australian Federation of Disability Organisations NDS Priority Areas  Inclusive and accessible communities  Rights protection, justice and legislation  Economic security  Personal and community support  Learning and skills  Health and wellbeing

17. Australian Federation of Disability Organisations Inclusive and accessible communities  1.1Improve access and increase participation of people with disability in sporting, recreational, social, religious and cultural activities whether as participants, spectators, organisers, staff or volunteers.  1.2Support the development of strong social networks for people with disability.  1.3Monitor adherence to and evaluate the effectiveness of the Disability (Access to Premises – Buildings) Standards 2010 and Disability Standards for Accessible Public Transport 2002 and improve the accessibility of reports.  1.4Promote the development of Disability Access Facilitation Plans by airlines and airport operators to improve communication between operators and passengers with disability.  1.5All levels of government develop approaches to increase the provision of universal design in public and private housing in both new builds and modification of existing stock.  1.6Improve community awareness of the benefits of universal design.  1.7Promote universal design principles in procurement.  1.8All governments adopt the mandated conformance levels for web accessibility as a baseline requirement to ensure more people with disability have access to online information and services.  1.9Use the National Broadband Network as an enabling technology platform to deliver innovative services, communication and support for people with disability, their families and carers.

18. Australian Federation of Disability Organisations Rights protection, justice and legislation  2.1Promote awareness and acceptance of the rights of people with disability.  2.2Monitor and ensure compliance with international human rights obligations.  2.3Develop strategies to reduce violence, abuse and neglect of people with disability.  2.4Review restrictive legislation and practices from a human rights perspective.  2.5Examine recommendations arising from the report of the Joint Standing Committee on Migration on migration treatment of disability, Enabling Australia.  2.6Improve the reach and effectiveness of all complaint mechanisms.  2.7Provide greater support for people with disability with heightened vulnerabilities to participate in legal processes on an equal basis with others.  2.8Ensure people with disability have every opportunity to be active participants in the civic life of the community—as jurors, board members and elected representatives.  2.9Support people with disability with heightened vulnerabilities in any contacts with the criminal justice system, with an emphasis on early identification, diversion and support.  2.10Ensure 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.  2.11Support independent advocacy to protect the rights of people with disability.  2.12Ensure supported decision-making safeguards for those people who need them are in place, including accountability of guardianship and substitute decision-makers.

19. Australian Federation of Disability Organisations Economic security  3.1Improve employer awareness of the benefits of employing people with disability.  3.2Reduce barriers and disincentives for the employment of people with disability.  3.3Encourage innovative approaches to employment of people with disability such as social enterprises, or initiatives to assist people with disability establish their own small business.  3.4Improve employment, recruitment and retention of people with disability in all levels of public sector employment, and in funded organisations.  3.5Develop innovative approaches to future financial planning including private provision for people with disability, their families and carers.  3.6Develop innovative options to improve affordability and security of housing across all forms of tenure.  3.7At the review points of the National Affordable Housing Agreement and related National Partnership agreements, parties agree to consider including strategies consistent with the Strategy, to ensure they address the housing needs of people with disability.  3.8Consider the implications for economic security for people with disability, their families and carers arising from investigation into a national long-term care and support scheme. 

20. Australian Federation of Disability Organisations Personal and community support  4.1Continue reform begun under the National Disability Agreement.  4.2Consider new approaches to long-term disability care and support, including responses to the Productivity Commission Inquiry, which is due to provide its final report to Government on 31 July 2011.  4.3Adopt sustainable funding models and service approaches that give information, choice and control to people with disability and that are flexible, innovative and effective.  4.4Support the development of assistive technologies and more access to aids and equipment for people with disability.  4.5Continue development of innovative and flexible support models for people with high and complex needs, including supported accommodation and community and family living approaches.  4.6Improve access to timely, comprehensive and effective early intervention for people with disability.  4.7Collaborate with providers of universal personal and community support services to improve access for people with disability.  4.8Promote and sustain community support networks which provide information and support to families and carers.

21. Australian Federation of Disability Organisations Learning and skills  5.1Reduce barriers and simplify access for people with disability to a high quality inclusive education system including early learning, child care, school and further education.  5.2At the review points of the National Education Agreement, the National Agreement for Skills and Workforce Development, Smarter Schools—Improving Teacher Quality National Partnership and other learning and skills-related National Partnerships, parties agree to consider including strategies, consistent with the Strategy, and performance indicators to ensure they address the needs of students with disability.  5.3Develop innovative learning strategies and supports for students with disability which are accessible, reliable and responsive to strengthen their aspirations and enable them to reach their full potential.  5.4Investigate options for reporting on educational outcomes of students with disability.  5.5Identify and establish best practice for transition planning and support through all stages of learning and from education to employment.  5.6Respond to the recommendations of the review of the Disability Standards for Education.  5.7Ensure the Early Years Learning Framework, Australian Curriculum and national assessment processes incorporate the needs of students with disability within an inclusive education framework.  5.8Promote leadership development for people with disability.

22. Australian Federation of Disability Organisations Health and wellbeing  6.1Increase the representation of people with disability on universal health advisory bodies.  6.2At the review points of the National Healthcare Agreement, other national health agreements and health-related National Partnership agreements, parties agree to consider including strategies consistent with the Strategy, and performance indicators to ensure they address the health needs of people with disability in all age groups.  6.3Ensure a strong interface between disability services, Local Hospital Networks and Medicare Locals with strong links to local communities and health professionals.  6.4Strengthen health care planning, training and the capacity of universal health care providers to diagnose and treat the health and co-morbid conditions of people with disability.  6.5Strengthen the continuity, coordination and range of primary, multidisciplinary and sub-acute care available to meet the health needs of people with disability.  6.6Address issues specific to people with disability as part of the national expansion of key public health strategies such as dental programs, nutrition and physical activity programs, mental health, drug and alcohol and sexual and reproductive health programs, so that they explicitly meet the needs of people with disability.  6.7Ensure informal and supported decision makers are part of preventative, diagnostic and treatment programs where necessary and appropriate, always ensuring the rights of the individual are respected and protected. 

23. Australian Federation of Disability Organisations Baseline Study  Freedom from discrimination – education, employment, transport  Legal capacity - non therapeutic sterilisations  Freedom from exploitation and violence  People living with mental illness

24. Australian Federation of Disability Organisations Baseline Study Concluding Remark  The next step to strengthening the enjoyment of human rights for all Australians is to identify possible gaps in human rights protections.

25. Australian Federation of Disability Organisations National Disability Agreement Between commonwealth and state/territory govts Commonwealth pays for employment services State/territory govts pay for all other disability servicees  “People with disability and their carers have an enhanced quality of life and participate as valued members of the community.”

26. Australian Federation of Disability Organisations NDA Outcomes (a) people with disability achieve economic participation and social inclusion (b) people with disability enjoy choice, wellbeing and the opportunity to live as independently as possible; and (c) families and carers are well supported.

27. Australian Federation of Disability Organisations NDA Priority Areas  Better Measurement of Need  Population Benchmarking for Disability Services  Making Older Carers a Priority  Quality Improvement Systems based on Disability Standards  Service Planning and Strategies to Simplify Access  Early Intervention and Prevention, Lifelong Planning and Increasing Independence and Social Participation Strategies  Increased Workforce Capacity  Increased Access for Indigenous Australians  Access to Aids and Equipment  Improved Access to Disability Care