1. National Human Rights Action Plan - People with disability
Therese Sands
29 June 2011
Acknowledge country

2. Human Rights Framework (April 2010)
Human rights education across the community
Parliamentary Joint Committee on Human Rights
Legislation to ensure new Bills are accompanied by statements of compatibility in relation to human rights
Consolidation of federal anti-discrimination laws
Annual NGO Human Rights Forum
National Action Plan on Human Rights

3. Human Rights and people with disability
United Nations Convention on the Rights of Persons with Disabilities (UN CRPD)
- National Disability Strategy (Feb 2011)
Universal Periodic Review (UPR) recommendations
Other United Nations recommendations to Australia:
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) [2010 concluding comments]
UN Political Declaration on HIV/AIDS
UN Special Rapporteur on Torture and people with disability (July 2008)
Other?

4. National Disability Strategy (2010-2020)
Endorsed by Council of Australian Governments (COAG) in February 2011
Based on extensive consultation conducted by the National People with Disabilities and Carer Council and reported in Shut Out: The Experience of People with Disabilities and their Families in Australia (2009)
Based on the principles outlined in CRPD
Goes beyond the specialist disability support system
Articulates long-term goals across key policy areas

5. National Disability Strategy - Vision & structure
An inclusive Australian society that enables people with disability to fulfil their potential as equal citizens.
Six Outcome Areas:
- Outcome statement
- Policy Directions
- Current commitments
- Areas for future action

6. National Disability Strategy - Outcome Areas
Six outcome areas:
Inclusive and accessible communities:
physical environment including public transport; parks, buildings and housing; digital information and communications technologies; civic life including social, sporting, recreational and cultural life.
Rights protection, justice and legislation:
statutory protections such as anti-discrimination measures, complaints mechanisms, advocacy, the electoral and justice systems.
Economic security:
jobs, business opportunities, financial independence, adequate income support for those not able to work, and housing.

7. National Disability Strategy - Outcome Areas
Personal and community support :
inclusion and participation in the community, person-centred care and support provided by specialist disability services and mainstream services; informal care and support.
Learning and skills:
early childhood education and care, schools, further education, vocational education; transitions from education to employment; life-long learning.
Health and wellbeing:
health services, health promotion and the interaction between health and disability systems; wellbeing and enjoyment of life.

8. Universal Periodic Review (UPR) – Recommendations specific to people with disability
Sterilisation (recommendations 86.39):
Comply with UN recommendations;
Enact national legislation;
Repeal all legal provisions allowing non-therapeutic sterilization without consent;
Abolish non-therapeutic sterilisation of women and girls with disabilities.
Australian Government response - Accepted-in-part
“The Australian Government considers that the ‘best interests’ test as articulated and applied in Australia is consistent with Australia’s international obligations. In response to concerns expressed internationally and domestically, the Attorney-General intends to initiate further discussions with State and Territory counterparts.”

9. Universal Periodic Review (UPR) – Recommendations specific to people with disability
Measures for equality of opportunity (recommendations & 86.41):
Implement the National Disability Strategy;
Complete a general framework of measures.
Australian Government response - Already reflected
“Australia accepts the recommendation on the basis it is reflected in existing laws or policies and Australia will continue to take steps to achieve relevant outcomes.”

10. Universal Periodic Review (UPR) – Recommendations specific to people with disability
Federal anti-discrimination legislation (recommendation 86.46):
Strengthen federal legislation to combat discrimination;
Ensure effective implementation with a view to better protection of the rights of vulnerable persons, in particular children, persons in detention and persons with disabilities.
Australian Government response - already reflected
“Australia accepts the recommendation on the basis it is reflected in existing laws or policies and Australia will continue to take steps to achieve relevant outcomes.”

11. Other key UPR recommendations
Establish a National Children’s Commissioner
Develop a comprehensive poverty reduction and social inclusion strategy
Narrow the gap in living standards in favour of vulnerable groups
Harmonise and consolidate federal anti-discrimination legislation
Address gender inequity and gender-based violence
Address racial discrimination; and discrimination on grounds of sexual orientation and gender identity
Address over-representation of Aboriginal and Torres Strait Islander peoples; deaths in custody and access to justice
Human rights education and training for schools; law enforcement personnel
Rights of refugees and migrants

12. Some options for our responses
Recommend the incorporation of the National Disability Strategy into the National Human Rights Action Plan
Formulate specific actions to address the ‘future action’ areas in the National Disability Strategy
Identify key gaps in the National Disability Strategy and recommend specific actions to address these gaps
Use UPR recommendations to formulate and reference your recommended actions
Other?