Human Rights Indicators for People with Disability A resource for disability activists and policy makers

incorporating an introduction and commentary to the United Nations Convention on the Rights of Persons with Disabilities

Phillip French Disability Studies and Research Institute for Queensland Advocacy Incorporated Queensland Advocacy Incorporated

Queensland Advocacy Incorporated (QAI) is an independent,community-based systems and legal advocacy organisation for persons with disability in Queensland,Australia.

QAI’s mission is to promote,protect and defend the fundamental needs and rights of the most vulnerable persons with disability in Queensland. QAI does this by engaging in systems advocacy directed to attitudinal, law and policy change.

QAI is part of the Australian Network of Disability Advocacy Services funded by the Australian Government.

Contact

Queensland Advocacy Incorporated Suite G2,Ground Floor Brisbane Transit Centre Roma Street Brisbane Qld 4000 Australia

Telephone +61 (07) 3236 1122 Freecall (Queensland only) 1300 130 582 Email: [email protected] Website: www.qai.org.au

ISBN: 978-0-9775937-2-9 First published: August 2008 © Queensland Advocacy Incorporated Graphics by Simon Kneebone Design & DTP by Lettuce Create TABLE OF CONTENTS

Page

4 Glossary

5 About this publication

6 Acknowledgments

7 Foreword

8 Introduction to QAI’s Human Rights Project

11 The Convention on the Rights of Persons with Disabilities – introduction and overview

19 Human Rights Indicators for Persons with Disability 20 Summary 33 Detailed commentary

150 Appendix 1: Text of the Convention on the Rights of Persons with Disabilities

168 Appendix 2: Text of the Optional Protocol to the Convention on the Rights of Persons with Disabilities

Queensland Advocacy Incorporated 3 GLOSSARY

Accede/Accession: This is the act by which a Sign/Signature:This is an act by which a country country that has not previously signed a treaty indicates its intention to be bound by a treaty at already in force between other countries becomes a some point in the future. party to that treaty. Social model: A general term used to describe an Adopt/adoption: This is the act by which the approach to understanding disability as the proposed text of a treaty is formally accepted by product of the interaction between persons with the General Assembly. impairments with an inaccessible and non-inclusive environment. Covenant: A formal binding agreement between countries.It has the same meaning as‘treaty’and State Party/State Parties: A term used to describe a ‘convention.’ country that has agreed to be bound by a treaty (that is,the country has ratified or acceded to the Convention: A formal binding agreement between treaty). countries. It has the same meaning as‘covenant’ and‘treaty.’ Treaty: A formal binding agreement between countries. It has the same meaning as‘covenant’ Declaration: A non-binding agreement between and‘convention.’ countries.

Entry into force: The point at which treaty becomes legally binding for a country that has ratified or acceded to the treaty.

International cooperation: This refers to cooperation between State Parties to implement a treaty. It may include international development and humanitarian assistance,technical exchange, harmonisation of standards,as well as joint action on other issues that have an extraterritorial dimension (for example,civil aviation).

Ratify/Ratification: This is the act by which a country that has signed a treaty agrees to be formally bound by its obligations.

Reservations: A formal statement lodged by a country with the United Nations at the time it ratifies or accedes to a treaty stating that it does not accept one or more of the obligations of the treaty.

Queensland Advocacy Incorporated 4 ABOUT THIS PUBLICATION

The overall aim of this project is to make visible Stage 3 of the project involved qualitative research the relationship between the lived experience of to ascertain the degree to which persons with Queenslanders with disability and the international disability and their associates perceive that their human rights standards accepted by the Australian human rights are recognised,promoted,protected Government.To date,three stages of the project and fulfilled in the Queensland environment. The have been conducted,and further stages of work Human Rights Indicators developed in Stage 1 of are under development and will be pursued as the Project provided the framework for analysis, opportunities and resources become available. and were tested for their utility and clarity. A series of consultations were conducted with persons with Stage 1 of the project involved the development of disability drawn from a variety of impairment an initial set of human rights indicators for persons groups,other specific population groups,and with disability which were based on the elements of locations across Queensland. A‘snapshot’report the 6 major human rights instruments that the has been developed that incorporates the findings Australian Government had ratified up to July 2005. of the research,and is published separately. Copies This work was undertaken and completed in 2005- of this report may be obtained from QAI . 2006,during which period the Convention on the Rights of Persons with Disabilities (CRPD) was still Stage 3 has also involved the refinement of the under negotiation. At that stage,it was anticipated Human Rights Indicators developed in Stage 1 of that it would be some time before this Convention the project in light of both the finalisation of the was finalised. The then draft text of the Convention Convention on the Rights of Persons with Disabilities was used to inform,but did not provide the primary (CRPD) in December 2006 and field test experience. foundation for the indicators developed,as this text The purpose of this publication is to set out this was expected to change significantly as revised set of Indicators. The Indicators are now negotiations continued. structured according to the elements of the CRPD, and are accompanied by an introduction and Stage 2 of the project involved the development of commentary to the CRPD. an Easy-English,pictorial version of the human rights indicators developed in Stage 1 of the project. This was produced as an information and education resource to assist in communicating basic human rights concepts to persons with cognitive impairments. It provided a framework for consultations with persons with cognitive disability conducted in Stage 3 of the project. Copies of this resource can be obtained from QAI or downloaded from QAI’s website at www.qai.org.au

Queensland Advocacy Incorporated 5 ACKNOWLEDGEMENTS

Members of the reference group served either on a pro-bono basis or their employer contributed the cost of their time and expertise to the project‘in-kind’. QAI acknowledges the guidance and support of Reference Group members with great appreciation.

Project Advisory Committee:

Convenor

Kevin Cocks Queensland Advocacy Incorporated

Members

Graham Schlecht Carers Queensland Greg Wagner Queenslanders with Disability Jayne Clapton Griffith University John Dickinson Brain Injury Association Kym McCallum Mamre Kathy Ellem Queensland Parents for People with Disability Lesley Chenoweth University of Queensland Marie Knox Queensland University of Technology Mark Henley Spinal Injuries Association Neroli Holmes Anti-Discrimination Commission Queensland Paige Armstrong Endeavour Foundation Sue Collins ACROD (now National Disability Services) Amanda Dearlove Minter Ellison

QAI also wishes to acknowledge with appreciation the work of the Project Manager,Melinda Ewin,Systems Advocate at QAI,and Project Consultant,Phillip French,from the Disability Studies and Research Institute.

Queensland Advocacy Incorporated 6 FOREWORD

The adoption of the Once that hurdle had been overcome,and there was Convention on the Rights of acceptance of the need for a Convention,all of the Persons with Disabilities,by participants,States and civil society together, the United Nations General worked tirelessly to get a worthy outcome. Assembly on 13 December The Convention will make a significant difference to 2006,was the end of a the ten percent of the world’s population that lives journey embarked on by the with a disability. It is a practically focused United Nations since 2001. convention,because it has been so closely informed For the international and influenced by the experiences of persons with disability community,it had disabilities worldwide,as represented by their been a much longer journey. organisations. They had clearly articulated the challenges,difficulties and requirements of persons Disability organisations had long been pressing for with disabilities in their interaction with society at a convention dealing specifically with the rights of large,and it is in those areas – and they are myriad – on which the Convention focuses. It will be the persons with disabilities. Initially some benchmark for future standards and action. governments had reservations about the need to negotiate a major new human rights convention, Attitudes need to change,societies need to be more particularly given the resources required for such a inclusive and accessible,and persons with process. Theoretically there was no need for a new disabilities need to be more empowered. The convention,because existing human rights Convention enshrines themes such as these. instruments applied to persons with disabilities,in just the same way that they do to everyone else. A record number of States signed the new Convention the day it was opened for signature. The reality,unfortunately,had not followed the The momentum thus generated led to its entry into theory. The existing human rights instruments had force just over a year later. fallen far short in their protection of the human rights and fundamental freedoms guaranteed to Effective implementation will now be the key. That persons with disabilities. will require effective and coordinated action by disability organisations,which have worked so well This does not mean that States had deliberately in the negotiations. It will require action by avoided their obligations. But many of the governments,and by the UN system. obligations under other instruments are set out in quite a broad and generic way,which can leave grey That is why this publication is so important. Civil areas for their practical implementation in respect of society needs to raise awareness both within its particular groups. Often,too,the enjoyment of rights constituent groups,and within society as a whole, and freedoms by persons with disabilities may about the new Convention,the paradigm shift it require some adaptation by States to accommodate embraces,and the rights it enshrines. the disability in question. And unfortunately persons with disabilities have often been marginalised and Ultimately,rights are guaranteed,maintained and discriminated against in our societies. strengthened through being used. That requires awareness,and knowledge,and determination. The dismaying statistics compiled by the United This publication is an important contribution to Nations and the Specialised Agencies on the that process. situation of persons with disabilities worldwide left no doubt that specific action needed to be taken. And those of us who participated in the negotiations on the Convention were certainly left in no doubt as to why it was needed. The candid and informative contributions of the disability organisations in the negotiations had been Don Mackay invaluable in opening our eyes and reaffirming why Chair of the United Nations Ad Hoc Committee our task was so crucial. that negotiated the Convention on the Rights of Persons with Disabilities

Queensland Advocacy Incorporated 7 INTRODUCTION TO QAI’S HUMAN RIGHTS PROJECT

The stimulus for this project was the proliferation Purpose of this publication of quality assurance measures for services to persons with disability in Queensland,and indeed A fundamental objective of this project is to nationally,that were perceived by QAI to be stimulate and embed a human rights consciousness increasingly misdirected by empty officialism, within the community of persons with disability rather than properly grounded in the recognition and their associates. A range of resources is and respect of fundamental human rights. QAI envisaged for different constituencies to facilitate sought to elaborate a new approach to monitoring this objective,and a number of these have already and ascertaining the quality of human services for been produced. persons with disability,which was based on indicators of the degree to which their fundamental This publication makes available for disability human rights were promoted,protected and activists and policy makers work done to date on fulfilled. the development of Human Rights Indicators for persons with disability. This work is far from Importantly,however,the scope of the project complete,but even at this stage these Indicators developed was not confined to the development of provide a useful tool for issue analysis and policy ‘internal’indicators of quality for the specialist development. We hope this resource encourages service system. QAI adopted the fundamental value and facilitates greater application of human rights position that the quality of the specialist service principles to the needs and concerns of persons system could only really be ascertained by with disability. assessing the degree to which persons with disability enjoyed their fundamental human rights The Indicators are presented in the context of the and freedoms in all aspects of life. This required the CRPD from which they are derived. A secondary aim subordination of the specialist service system to the of the publication is to promote awareness and position of instrumental agent for the realisation of understanding of the CRPD,which is potentially the dignity and rights,and a focus on the status of most significant development in the history of the persons with disability in society generally. disability rights movement. To assist disability activists and policy makers come to terms with the CRPD,we provide a short introduction and overview to the Convention,as well as an introductory commentary to each of its articles. Again,we hope this will encourage and facilitate the rapid recognition and application of the fundamental human rights and freedoms enunciated by the CRPD to the needs and concerns of persons with disability in Australia.

Queensland Advocacy Incorporated 8 INTRODUCTION TO QAI’S HUMAN RIGHTS PROJECT

Human Rights Indicators? ‘respect,protect,and fulfil’human rights (or in the case of the CRPD,to‘promote,protect and An‘indicator’provides specific information on the ensure’human rights); state or condition of an event,activity or outcome. • Civil and political rights are subject to Human Rights Indicators attempt to provide specific different implementation requirements to information about the degree to which human economic,social and cultural rights (‘immediate’ rights and fundamental freedoms are‘enjoyed’ versus‘progressive’realisation) and this will affect (‘attained’or‘realised’) in a particular context. At the performance criteria associated with each the most basic level this includes information about class of rights; the mere presence or absence of a state or • Indicators are not self-evidencing (at least in the condition,but such Indicators will,for the most sense they are used in this publication).Their part,be more concerned with the degree to which a utility ultimately requires the identification and state or condition has been attained. marshalling of quantitative and qualitative data sources and the development of a performance In recent years,there have been a number of framework for the interpretation of this data; important attempts to develop Human Rights • Human rights are‘universal,indivisible, Indicators in a range of contexts,1 although not,as interdependent and interrelated.’ This far as we have been able to establish,in the area of problematises the identification of discrete disability rights. These initiatives tend to have a performance requirements and measures for number of interrelated and overlapping aims,which specific rights,or elements of rights; include: • Determining the level of specificity of Human Rights Indicators (which may be general • The demystification and concretising of in nature or applied to particular context). human rights and freedoms to facilitate their active implementation; The Human Rights Indicators presented in this • The identification of performance publication are a work in progress. At this stage standards and benchmarks to be achieved in they remain at an elementary level of programme implementation,particularly in the development. They are limited to general process area of international development; or outcome statements of each element of the • The identification of objective evaluative substantive human rights set out in the CRPD. criteria for assessing nations’compliance with Within the constraints of this project,2 it has not human rights norms,and for use in programme been possible to engage at any depth with the and project monitoring and evaluation; methodological issues outlined above. Their • Providing for the comparability of datasets importance is noted here in the hope that there will across different contexts; be future opportunities to elaborate and refine the • The development of advocacy tools to Indicators we have developed in accordance with a promote compliance with human rights norms. more comprehensive methodology.In the meantime,we fully acknowledge the significant The development of Human Rights Indicators is not, limitations of the work done to date. Nevertheless, however,without significant methodological we are confident that the Indicators are useful challenges. Just some of these challenges are: informative,educational and policy tools,even at this early stage of development. • The potentially subjective content of human rights norms (the scope and depth of the norm may,to a significant extent,be in the eye of the beholder); • Human rights norms comprise both

‘process’and‘outcome’elements (‘means’and 1 For an overview,see Malhotra,R and Fasel,N (2005) Qualitative Human ‘ends’),and these need to be distinguished; Rights Indicators – A Survey of Initiatives,Background Paper developed • There are distinct levels of obligation for a seminar conducted by the Institute for Human Rights Abo Akademi University,which may be accessed at www.abo.fi/instut/imr. associated with the tripartite obligation to 2 This has been a small-scale project funded from internal resources.

Queensland Advocacy Incorporated 9 INTRODUCTION TO QAI’S HUMAN RIGHTS PROJECT

Why develop Human Rights Indicators? Project Methodology

As noted above,QAI was stimulated to develop To develop Human Rights Indicators for persons Human Rights Indicators for persons with disability with disability we have adopted as our basic out of concern that measures of specialist service framework the human rights and freedoms quality were becoming increasingly bureaucratic enunciated in the CRPD.We have included both the and devoid of meaningful content. In this respect, process and outcome related performance Human Rights Indicators were envisaged as an requirements of these rights and freedoms. Each alternative means of monitoring and evaluating right and freedom has been disaggregated into service quality. At the very least,it would be discrete elements,and then these elements have desirable for these quality assurance measures to been translated into simple statements of the incorporate a greater level of human rights content. specific state or condition required by the right or The incorporation of Human Rights Indicators freedom. The CRPD is particularly dense in many would be a potent means of achieving this. areas and this density has given rise to a large number of indicators in particular instances. One option for the future application of Human Although some attempt has been made to develop Rights Indicators for persons with disability would Human Rights Indicators that are discrete from be in human rights monitoring in relation to each other,this has proved difficult in many cases persons with disability. The Indicators could due to the iterative and reiterative nature of the potentially provide the analytical framework for CRPD text,and the indivisibility,interdependence monitoring.Human rights data (both quantitative and interrelatedness of all human rights. Therefore and qualitative) could be tabulated against each there remains a degree of repetition,or iteration, Indicator,perhaps in an electronic database between some Human Rights Indicators. It may be platform. This database would be an important possible to reduce or eliminate this repetition in repository of information about the degree to future refinements of these Indicators. which persons with disability enjoy a particular right or freedom,and assist in informing priorities for action and advocacy. It would also potentially inform government and non-government reports to the United Nations CRPD Treaty Body,the Committee on the Rights of Persons with Disabilities,in relation to Australia’s compliance with the CRPD.

QAI is also currently exploring the potential usefulness of Human Rights Indicators as educative,policy and advocacy tools applied to specific areas, such as health and housing,for example. This may require the derivation or elaboration of more specific and detailed indicators in relation to the policy area. These Indicators could potentially provide new insights, performance criteria and motivation in relation to old problems.

Queensland Advocacy Incorporated 10 THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES – INTRODUCTION AND OVERVIEW3

The CRPD is the first human rights treaty to be endure the discriminatory practices and attitudes adopted by the General Assembly in the 21st that have been permitted to prevail for all too century,and it is reputed to be the most rapidly long.’11 Reiterating the claim made many times by negotiated United Nations human rights treaty in national and non-government delegations in the the history of international law. 5 On its opening for course of CRPD negotiations,the Chairman of the signature on 30 March 2007,the CRPD was signed by negotiating committee characterised the CRPD as 81 nations and the European Union,which is the embodying a paradigm shift away from a social highest number of opening signatures recorded for welfare response to disability to a rights-based any human rights treaty.6 As at the end of June approach.12 In this respect,the CRPD is,at least 2008,129 countries have signed the CRPD and 71 ideologically,based upon a social model of have signed its Optional Protocol. disability,13 which views‘impairment’as an ordinary incident of human diversity,and The act of signature of a United Nations treaty is an ‘disability’as the result of the interaction of persons indication of an intention to ratify the treaty,which with impairments with socially constructed must be made in good faith. 7 However,the act of attitudinal and environmental barriers.14 signature itself does not contribute to the treaty coming into force,or create any specific obligations Typology and elements of the CRPD for the signature nation. This only occurs when the nation ratifies the treaty. The CRPD came into force 30 days after the 20th instrument of ratification was The General Assembly mandate under which the deposited with the United Nations. 8 Its Optional CRPD was developed called for proposals for a Protocol also came into force on that date as the “comprehensive and integral international required 10 instruments of ratification had already convention,”and indeed,these concepts featured in been lodged.9 As at the end of June 2008,127 its working title up until the final stages of nations have ratified the CRPD and 16 have ratified negotiation.15 This initial working title for the its Optional Protocol..The CRPD Secretariat convention incorporated important meanings. The anticipates that the CRPD,and possibly also its word‘comprehensive’signified an instruction to the Optional Protocol,will reach the necessary threshold negotiating committee to take a holistic approach of ratifications to come into force by the end of to the formulation of the Convention,incorporating 10 2007. social development,human rights and non- discrimination elements. The word‘integral’ The formulation of the CRPD has been hailed as a signified an intention for the Convention to become great landmark in the struggle to reframe the needs and concerns of persons with disability in terms of a core constituent of international human rights human rights. Speaking for the Secretary-General law,rather than a subsidiary of existing law. The of the United Nations on the occasion of its CRPD therefore has the same status as the adoption,the Deputy Secretary-General said the International Bill of Rights16 and other core human CRPD heralded the‘dawn of a new era — an era in rights conventions.17 which disabled people will no longer have to

Queensland Advocacy Incorporated 11 THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES – INTRODUCTION AND OVERVIEW

The CRPD is a thematic human rights convention in Traditionally,social,economic and cultural rights the sense that it is focused on the human rights have been viewed as‘non-justiciable’; meaning that concerns of a specific population group – persons their open-ended,aspirational nature prevents with disability. In this respect it is similar to other independent adjudication of State Party thematic human rights conventions,such as the compliance. 21 However,this view has progressively International Covenant on the Elimination of All Forms eroded,as have other aspects of the traditional of Discrimination Against Women. Thematic human distinction between first- and second-generation rights conventions may be contrasted with the rights. Importantly,the Optional Protocol to the covenants that constitute the International Bill of CRPD permits complaints,and adjudication by the Rights,which are of general applicability – that is, Committee on the Rights of Persons with they apply to every person,including persons with Disabilities,in relation to all rights recognised by disability. the CRPD.

The CRPD incorporates both civil and political rights (sometimes referred to as‘first-generation’rights)18 The General Assembly mandate under which the and economic,social and cultural rights CRPD was developed stipulated that the (sometimes referred to as‘second-generation’ negotiating Committee was not to develop any new rights),19 and in this respect it is a‘hybrid’ human rights,but was to apply existing human convention,closer in typology to the Convention on rights to the particular circumstances of persons the Rights of the Child than to earlier non- with disability.22 However,in the course of the discrimination based thematic human rights CRPD’s development,traditional rights have been conventions. Civil and political rights are amplified,transformed and extended. The CRPD sometimes called‘negative rights’because they incorporates a number of collective or social group operate principally as constraints on interference rights (sometimes referred to as‘third-generation’ with the liberty of the individual. On the other rights),23 and also a number of‘universal’equality hand,social,economic and cultural rights are measures (which are sometimes conceptualised as sometimes called‘positive obligations’because ‘fourth-generation’rights).24 There is also a major they require State Parties to take active steps to emphasis on recreation,leisure and tourism related avoid the violation of a human right. rights (sometimes referred to as‘fifth-generation’ rights).25 Civil and political rights,and economic,social and cultural rights are,traditionally,subject to different Additionally,the CRPD incorporates highly standards of compliance. Civil and political rights disability specific interpretations of existing human are‘immediately realisable’,which means that rights,which transform formerly essentially non- State Parties have an immediate obligation to interference based rights into positive state promote,protect and fulfil these rights. Social, obligations.26 In these and other respects,the CRPD economic and cultural rights are subject to the blends civil and political rights with economic, standard of‘progressive realisation’. State Parties social and cultural rights not only within its overall are not required to immediately fully comply with structure,but also within its individual articles. It the requirements of the right,provided they are appears to abandon,in effect,the distinction working towards the realisation of the right as between those rights that are subject to immediate quickly and effectively as possible,using the versus progressive realisation.27 maximum resources at their disposal. State Parties do,however,have an obligation to satisfy ‘minimum essential levels’of the right,and to avoid deliberately regressive measures.20

Queensland Advocacy Incorporated 12 THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES – INTRODUCTION AND OVERVIEW

Key background to the development The constituency of support for an international of the CRPD convention on the rights of persons with disability developed in a unique international political In the second half of the 20th century,the United environment for a human rights treaty. Three Nations formulated seven core human rights initial attempts (in 1982,1987,and 1989 treaties.28 With very limited exceptions these respectively) to persuade the international treaties do not deal expressly with the human community to develop a human rights convention 35 rights of persons with disability.29 Nevertheless, in respect of persons with disability failed. The because they are of general application within their reasons for their failure are multifactorial,but respective purviews,they extend,in theory at least, apparently included the belief that the rights of to persons with disability on an equal basis with persons with disability were adequately dealt with others. Until 2001,an argument based on the in universal human rights instruments; the inability general applicability of existing treaties prevailed to convince the international community that over attempts within the international community persons with disability experienced specific and to develop a disability specific human rights aggravated forms of human rights violation; and, convention. diminishing support for civil right based approaches to human rights (in which these initiatives were However,in reality,existing human rights treaties, apparently framed) particularly among developing and the United Nations human rights system to and transitional nations. which they give rise,have done little to protect, promote and fulfil the rights of persons with In 2001,the Government of Mexico spearheaded disability. In part,this is because these treaties, another campaign to secure a mandate from the both in their formulation and in their General Assembly to develop a human rights implementation by human rights practitioners and convention in relation to persons with disability. multi-lateral agencies,30 have not penetrated to the This campaign was framed in terms of social specific forms of human rights violation persons development and used as its backdrop the 36 with disability experience. There has also been a Millennium Development Goals (MDGs) formulated general failure within the United Nations system to by the United Nations in 2000,which aim,among recognise persons with disability as right-bearers other things,to halve global extreme poverty by and to interpret their needs and concerns in terms 2015. Persons with disability were not identified as of human rights.31 a specific target group for action in the MDGs,even though this group is significantly over-represented The CRPD brings to fruition more than 30 years of amongst the world’s so-called‘poorest of the 37 activism at the international level to frame the poor’. The basic thrust of the Mexican campaign needs and concerns of persons with disability in was that in light of this omission a specific human terms of human rights. This activism has produced rights instrument was required to ensure that a number of earlier non-binding human rights persons with disability were not left behind in instruments32 (sometimes called“soft law”),which global development efforts. have had an important influence on domestic33 and international policy,but these instruments have This framing of the human rights agenda for lacked comprehensiveness and enforceability. persons with disability in terms of social Additionally,some earlier instruments are,in development resulted in a groundswell of support particular respects,inconsistent with the from many of the world’s developing and contemporary conceptualisation of disability and transitional economies,and even from countries human rights.34 that have not traditionally demonstrated a strong commitment to human rights.38 When the issue was raised for debate at the 56th Session of the General Assembly in December 2001,a resolution to develop a human rights instrument in relation to persons with disability was adopted by consensus, without a vote being necessary.

Queensland Advocacy Incorporated 13 THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES – INTRODUCTION AND OVERVIEW

Participation of persons with disability observers; • the adoption of rules of procedure by the The development of the CRPD has involved the negotiating committee that allowed for a very highest level of participation by representatives of high degree of participation by accredited civil civil society of any human rights convention,or society organisations. (Most sessions of the indeed any other United Nations process,in committee were conducted in open sessions that history.39 This participation was overwhelmingly could be observed by civil society representatives, that of persons with disability and their and at all formal sessions of the committee,civil representative organisations. This high level of society organisations were permitted to intervene participation was achieved by a number of different in the debate.) means,including: Apart from this,civil society organisations had • extensive consultations with virtually unlimited capacity to meet informally representatives of disabled persons by United with state delegations to put their views,and were Nations regional agencies (in the Asia Pacific able to conduct so-called side events on a broad Region,the United Nations Economic and Social range of topic areas to engage and inform official Council for Asia and the Pacific (UNESCAP) delegations. established an expert working group and held a number of regional workshops); This high level of participation by disabled peoples organisations is reflected not only in the quality of • domestic consultations with persons with the text of the CRPD in many areas,but also in the disability by participating governments (the emphasis placed by the CRPD on the ongoing Australian Government funded two broad-based participation of persons with disability,and their consultation processes with Australians with representative organisations,in policy and program disability at key points in the development of the development,and in implementation and CRPD); monitoring at the domestic and international levels. This ‘partnership’approach to the • participation of experts with disability in development of the CRPD has very important government delegations to the CRPD negotiating continuing implications for all aspects of CRPD committee (the Australian Government included a implementation. joint expert representative of the Australian Federation of Disability Organisations and the National Disability Advisory Council in its delegation. It also included a representative of the Structure of the CRPD Australian Human Rights and Equal Opportunity Commission,who is an expert with disability); The CRPD comprises 50 Articles and its Optional Protocol comprises 18 Articles. Although it is not • the establishment by the General Assembly formally divided into sections,the CRPD is made up of a Voluntary Fund to support disabled persons of a number of different types of articles. The organisations and government delegations from overall structure of the CRPD is set out in Table 1. developing and transitional economies to attend and participate in the negotiating committee’s The full text of the CRPD and its Optional Protocol are deliberations; reproduced at Appendies 1 and 2 respectively.

• the General Assembly’s adoption of rules of procedure for the negotiating committee that not only gave automatic accreditation to non- government organisations already granted observer status with the United Nations Economic and Social Council,but which also enabled the committee to accredit other disabled persons organisations to participate in its deliberations as

Queensland Advocacy Incorporated 14 THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES – INTRODUCTION AND OVERVIEW

Table 1: Structure of the CRPD

Section Articles Content Preamble Preamble The Preamble provides an overview of the international concern paragraphs that led to the development of the CRPD,and situates the CRPD in ‘a to y’ the context of other disability and human rights initiatives taken by the international community up to that point. It highlights key issues necessary for a proper understanding of disability and human rights concerns. Unlike the other parts of the CRPD,the Preamble does not contain binding legal obligations. However,it plays an important role in the interpretation of the CRPD. Interpretive Articles The interpretive articles set out the general purpose of the CRPD, articles 1 and 2 describe the class of persons to whom the CRPD applies,and defines key terms. They also assist in clarifying the scope and content of the CRPD’s legally binding obligations. General Articles The general obligations contain over-arching or cross-cutting obligations 3 to 9 principles and measures to be applied in all aspects of the implementation of the Convention. They contain legally binding obligations and also assist in clarifying the scope and content of the specific obligations. Specific Articles The specific obligations set out,mostly in some detail,the specific obligations 10 to 30 human rights and fundamental freedoms recognised by the Convention. They are legally binding obligations.Broadly speaking,Articles 10 to 23 and Article 29 are based in civil and political rights,while Articles 24 to 28 and Article 30 are based in economic,social and cultural rights. However,as noted,in some cases there are new or amplified applications or extensions of these rights. Implementation Articles The implementation and monitoring provisions contain the and monitoring 31 to 40 arrangements required for implementation and monitoring of the provisions Convention at both the national and international levels. At the international level this includes the establishment of a new treaty body called the Committee on the Rights of Persons with Disabilities. Operational Articles The operational or machinery provisions deal with a range of (or machinery) 41 to 50 administrative and legal issues such as how states become a provisions party to the CRPD,and when it will come into force. Optional Articles The Optional Protocol is a separate document to the CRPD that Protocol 1 to 18 incorporates an individual complaint procedure,which allows individuals and groups of individuals to raise complaints with the treaty body where they have exhausted domestic remedies. It also establishes an inquiry procedure in relation to gross or systemic violations of CRPD rights.

Queensland Advocacy Incorporated 15 THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES – INTRODUCTION AND OVERVIEW

Progress towards ratification in Australia Status of international law in Australia

While Australia was among the first nations to sign, International law is binding upon Australia in its as at the end of June 2008,a decision on Australia’s relationship with the community of nations. ratification of the CRPD remains pending. Both the However,this does not mean that an international current Australian Attorney-General,and the obligation entered into by the Australian Parliamentary Secretary for Disabilities and Government automatically becomes part of Children’s Services,have indicated in dialogue with Australian domestic law. For that to occur,with the disability sector that Australia is likely to ratify very limited exceptions,the Australian Parliament the CRPD.However,a final decision will not be made must legislate to specifically incorporate the until the usual treaty-related domestic consultative obligation.47 processes are complete40. These processes are currently underway41. On 19 June 2008,the Article 4 of the CRPD requires parties to adopt all Australian Parliament’s Joint Standing Committee appropriate legislative,administrative and other on Treaties issued a preliminary report measures for the implementation of the rights recommending that Australia ratify the CRPD. The recognised in the Convention. However,in spite of its Parliament and the Executive will consider this obligation to do so,Australia has not comprehensively recommendation in the coming weeks42. enacted into domestic“hard law”previous international human rights treaties it has ratified. 48 In an effort to generate momentum towards Australia does not have a national bill of rights,49 ratification,a coalition of Australia’s major and at the Commonwealth level,there remains disability advocacy and advisory bodies,including significant political resistance to such a bill.50 There QAI,has called on all Australian governments to can therefore be no real expectation that the act of complete domestic consultative and deliberative ratification of the CRPD,of itself,will stimulate the processes to ensure that Australia can ratify the Australian Government to enact further domestic CRPD on 3 December 2008 (the day of annual measures for the promotion and protection of the observance of International Day of Persons with human rights of persons with disability. Disability). 43 However,it now appears quite possible that Australia will ratify the CRPD well in advance Additionally,it is important to note that current of this date,in part,so that Australia can participate Australian foreign policy requires that all domestic in the first Conference of State Parties to be held in laws comply with the obligations of an relation to the Convention.44 This Conference must international treaty prior to Australia ratifying or be convened before 3 November 2008 (within six acceding to the treaty.51 In this respect,it is months of the CRPD coming into force). important to note that the Australian Government’s strategic approach to the The former Australian Government was opposed to negotiation of the CRPD sought to ensure that the signature and ratification of the Optional obligations it lays down do not exceed obligations Protocol.45 However,the current Australian already accepted in Australian domestic law. Government has recently indicated that it will shortly commence a National Interest Analysis to It is therefore important to appreciate that the inform a decision on whether or not it will now Australian Government is approaching the question accede to the Optional Protocol.46 of ratification from the point of view that Australian laws and institutional arrangements already comply with the terms of the Convention, at least broadly speaking. In this respect,particular reliance has been placed on measures such as the Disability Discrimination Act,1992 (Cth),the Disability Services Act,1986 (Cth),the Human Rights and Equal Opportunity Commission,the Commonwealth Disability Strategy,and disability peak body and advisory structures.52

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Of course,this does not necessarily mean that the 3 Some sections of this introduction and overview are based on previous unpublished work by the author prepared for the Public Australian Government believes that Australians Interest Advocacy Centre for the Human Rights and Equal with disability enjoy to the maximum possible Opportunity Commission. The support of these agencies in the development of the original material is acknowledged with extent all of the human rights set down by the appreciation. CRPD,particularly with respect to economic,social 4 The CRPD and its Optional Protocol were adopted during the sixty-first session of the General Assembly by resolution A/RES/61/611. The and cultural rights. However,it does appear to take United Nations document number for the CRPD and its Optional Protocol is Doc.A/61/611. the view that Australia already demonstrates the 5 Secretary-General Hails Adoption of Landmark Convention on Rights of required minimum level of compliance with CRPD People with Disabilities,Official Statement of the United Nations Secretary-General,SG/SM/10797:HR/4911:L/T/4400,13 December obligations. It therefore appears to have no specific 2006. current intention of introducing any additional 6 News Statement,Record number of countries sign UN treaty on disabilities on opening day,UN News Service,30 March 2007 measures to give effect to the CPRD following 7 This is an obligation arising from Article 18 of the United Nations ratification. Vienna Convention on the Law of Treaties 1969. 8 Article 45,paragraph 1,Convention on the Rights of Persons with Disabilities. Ratification and implementation of the CRPD in 9 Article 13,paragraph 1,Optional Protocol to the Convention on the Rights of Persons with Disabilities. Australia is therefore likely to require concerted 10 Jean-Pierre Gonnot,Chief,Secretariat for the Convention on the Rights of Persons with Disabilities,Division for Social Policy and ongoing efforts by disability activists and policy Development,Department of Economic and Social Affairs,United makers. We hope that this publication is a useful Nations Secretariat address to Second Session of the Biwako Millennium Framework Stakeholders' Coordination Meeting,United resource in support of these efforts. Nations Economic and Social Council for Asia and the Pacific, Bangkok,Thailand,1-2 March 2007:Convention on the Rights of Persons with Disabilities – A Tool for Development. 11 Secretary-General Hails Adoption of Landmark Convention on Rights of People with Disabilities,Official Statement of the United Nations Secretary-General,SG/SM/10797:HR/4911:L/T/4400,13 December 2006. 12 Ambassador Don MacKay,Permanent Representative of New Zealand in the United Nations and Chair of the Ad-Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities,Commentary at a High-Level Dialogue,"From vision to action:The road to implementation of the Convention on the Rights of Persons with Disabilities" held in association with the Signature Ceremony of the Convention on the Rights of Persons with Disabilities at the United Nations,New York on 30 March 2007. 13 See further:Abberley,P.(1987) “The Concept of Oppression and the Development of a Social Theory of Disability”,in Disability,Handicap and Society,Vol.2,No.1,pp.5-19 and Oliver,M (1996) Understanding Disability:from Theory to Practice,Macmillan,Hampshire. 14 This understanding is encapsulated by the description of disability contained in article 1 of the CRPD.

15 Resolution 56/168 Comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities, adopted on the report of the Third Committee A/56/583/Add.2,19 December 2001. 16 The International Bill of Rights is made up of the Universal Declaration of Human Rights,the International Covenant on Civil and Political Rights, and the International Covenant on Economic,Social and Cultural Rights. 17 The core United Nations human rights conventions are the International Covenant on Civil and Political Rights,the International Covenant on Economic,Social and Cultural Rights,the International Convention on the Elimination of All Forms of Racial Discrimination,the International Covenant on the Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of the Child,the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment,and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. 18 Broadly speaking Articles 10 to 23 and Article 29 of the CRPD are civil and political rights. 19 Broadly speaking Articles 24-28 and Article 30 of the CRPD are economic,social and cultural rights. 20 The distinction between immediate and progressive realisation,and the obligations associated with progressive realisation are set out in General Comment No 3 The nature of States Parties’obligations (Art.2(1))14/12/1990 of the Committee on Economic,Social and Cultural Rights,contained in United Nations High Commissioner for Human Rights Document E/1991/23 especially at par 9. 21 For an extensive discussion of this issue see:Langford,M and Nolan,A, Litigating Economic,Social and Cultural Rights:Legal Practitioners Dossier,(Second Edition) The Centre for Housing Rights and Evictions, Geneva,Switzerland,2006.

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22 See for example,United Nations Media Release Chairman says draft 40 Honourable Philip Ruddock,MP,Attorney-General of Australia: convention sets out‘detailed code of implementation and spells out how Keynote Address to Human Rights and Equal Opportunity individual rights should be put into practice,United Nations General Commission Workshop on Promoting the Ratification and Assembly SOC/4680,12 August 2005.This point was made repeatedly Implementation of the Convention on the Rights of Persons with in the course of negotiations,was a feature of the rhetoric associated Disabilities in Australia,’28 June 2007.The current Australian with its adoption and opening for signature,and now also permeates formative implementation dialogue and planning:see for example, Government’s opposition to the Optional Protocol stems from its so- Jean-Pierre Gonnot‘supra’. called‘Treaty-Body Reform Agenda: for an overview see: 23 For example,the right to research and development (Article 4(f) and Department of Foreign Affairs and Trade,Australian Initiative to (g)),the right to awareness-raising (Article 8),the right to social Reform the UN Treaty Committees, protection and poverty reduction (Article 28(b),and the right to http://www.dfat.gov.au/un/untreaty_faq.html (accessed 5 July 2007). development and international cooperation (Article 32). 41 For a detailed description of the consultative and deliberative 24 For example,the right to accessibility (Article 9). processes leading up to a decision on treaty ratification see 25 Article 30 of the CRPD. Australian Government Department of Foreign Affairs and Trade 26 For example,the right of non-interference with personal opinion and (2005),Signed,Sealed and Delivered: Treaties and Treaty Making: An expression is transformed into a positive state obligation to provide public information in accessible formats and to recognise sign Official’s Handbook, (6th Edition),Treaties Secretariat,Department languages,Braille,and augmentative and alternative of Foreign Affairs and Trade,Canberra. communication. 42 Parliament of the Commonwealth of Australia,Joint Standing 27 Paradoxically,this distinction is formally preserved by Article 4(2) of Committee on Treaties,Report 92,Treaty Tabled on 4 June 2008, the CRPD. However,in substance it is not. United Nations Convention on the Rights of Persons with 28 See footnotes 16 and 17‘supra’. Disabilities (New York,13 December 2006),June 2008. 29 The Preamble and Article 23 of the Convention on the Rights of the Child 43 Media Release,Human rights and disability representatives call for contain the only explicit references to persons with disability. speedy ratification of UN Convention on the Rights of Persons with Generally,persons with disability have been regarded as falling Disabilities, 2 July 2007. within the formulation prohibiting discrimination on the basis of‘… other status’(for example,in Article 2(1) of the International Covenant 44 Media Alert,Joint Standing Committee on Treaties,Treaties on Civil and Political Rights. Committee supports UN Convention on the Rights of Persons with 30 Multilateral agencies included UNICEF – the United Nations Children Disabilities, 19 June 2008:“As an active party in Convention Fund and UNHCR – the United Nations Refugee Agency. negotiations,the Committee considered it was important that 31 For a broader discussion of these issues see Quinn,G and Degener,T et Australia continue to take a leading role in promoting the rights of al Human Rights and Disability:The current use and future potential of people with disabilities. One way to do this is to ensure that we can United Nations human rights instruments in the context of disability, participate in the nomination process for the Committee on the Office of the High Commissioner for Human Rights,United Nations, Rights of Persons with Disabilities’Mr Thompson said. New York and Geneva,2002. 45 The Australian Government’s objection to the Optional Protocol 32 These earlier non-binding instruments are the Declaration on the Rights of Mentally Retarded Persons (1971),the Declaration on the Rights stems from its‘Treaty-Body Reform Agenda.’Apparently,it does not of Disabled Persons (1975),the Principles for the Protection of Persons wish to participate in further international oversight arrangements with Mental Illness and the Improvement of Mental Health Care (1991), until the concerns it has identified in this agenda are addressed: see and the Standard Rules for the Equalization of Opportunities for Persons further Department of Foreign Affairs and Trade Australian Initiative with Disabilities (1993). to Reform the UN Treaty Committees available at 33 Both the United Nations Declaration on the Rights of Mentally Retarded http://wwwdfat.gov.au/un/untreaty_faq.html (accessed 5 July Persons (1971) and the Declaration on the Rights of Disabled Persons 2007) (1975) are attached as schedules to the Human Rights and Equal 46 Joint Media Release,Minister for Foreign Affairs; Attorney General; Opportunity Commission Act,1986. In some respects the principles Parliamentary Secretary on Disabilities and Children’s Services, they contain are also incorporated into Australian domestic law by the Disability Services Act,1986 (Cth),and the Disability Discrimination Government Welcomes Convention on Disabilities, 3 May 2008:“The Act,1992 (Cth). Rudd Government will also soon begin consulting the States and 34 For example,the United Nations Declaration on the Rights of Mentally Territories on the Optional Protocol to the Convention.” Retarded Persons (1971) continues to provide qualified support for 47 Courts may look to Australia’s international obligations to assist in institutional accommodation for persons with disability (Article 4) statutory interpretation,where ambiguity exists: Minister for and the United Nations Declaration on the Rights of Disabled Persons Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273. (1975) incorporates a personal deficiency-based conceptualisation of 48 Aspects of some obligations have been incorporated.The Sex disability (Article 1). Discrimination Act, 1984 (Cth) incorporates major aspects of the 35 Italy sponsored the first efforts to persuade the General Assembly to Convention on the Elimination of All Forms of Discrimination Against adopt a human rights convention dealing with persons with disability in 1982. In 1987 and 1989 there were two further attempts, Women and the Race Discrimination Act, 1975 (Cth) incorporates which were initiated by Italy and Sweden respectively. major aspects of the International Convention on the Elimination of 36 See further Annan,K Secretary General of the United Nations(2000) All Forms of Racial Discrimination.In the disability area both the We the Peoples:The Role of the United Nations in the 21st Century, Disability Discrimination Act,1992 (Cth) and the Disability Services Act, Chapter 1‘The Development Agenda,’United Nations. 1986 (Cth) incorporate major aspects of the Declaration on the Rights 37 The World Health Organisation estimates that there are 650 million of Mentally Retarded Persons (1971) and the Declaration on the Rights persons with disability in the world,80% of whom live in the of the Disabled (1975). developing world:World Health Organisation,Global Programming 49 Although Victoria and the Australian Capital Territory have enacted Note 2006-2007:Call for Resource Mobilisation and Engagement statutory Bills of Rights: Charter of Human Rights and Responsibilities Opportunities,2006.This estimate is based on a population prevalence of 10%,which is likely to be a significant underestimate. Act, 2006 (Vic); Human Rights Act, 2004 (ACT). 38 The sponsors of Resolution 56/168 Comprehensive and integral 50 Although a recommendation for such a bill has made it into the international convention to promote and protect the rights and dignity of outcomes of the Government’s 2020 Summit: Australia 2020 Summit: persons with disabilities (supra note 15) were Bolivia,Chile,Colombia, Final Report; recommendation 9.3 at 308. Congo,Costa Rica,Cuba,Democratic Republic of the Congo, 51 Australian Government Department of Foreign Affairs and Trade Dominican Republic,Ecuador,El Salvador,Guatemala,Jamaica, (2005),Signed,Sealed and Delivered: Treaties and Treaty Making: An Mexico,Morroco,Nicaragua,Panama,Philippines,Sierra Leone,South Officials Handbook, (6th Edition),Treaties Secretariat,Department of Africa and Uruguay. Foreign Affairs and Trade,Canberra at 26-27. 39 Many officials made this point in addresses to Opening for Signature 52 Parliament of the Commonwealth of Australia,Documents tabled 4 Ceremony,and in the associated Press Conference. For example, Juan Manuel Gomez-Robledo,Mexico’s Under-Secretary for June 2008: National Interest Analysis [2008] ATNIA 18 with Multilateral Affairs and Human Rights said, ‘the negotiating process attachments on implementation and consultation: United Nations had been unprecedented in the history of the United Nations because Convention on the Rights of Persons with Disabilities New York,13 disability-rights activists and representatives of non-governmental December 2006 [2007] ATNIF 15. organisations had participated in the talks on a nearly similar footing as Member States.’ Queensland Advocacy Incorporated 18 HUMAN RIGHTS INDICATORS FOR PERSONS WITH DISABILITY

They are first presented in summary in a tabular Note that while we have provided a commentary format related to the CRPD or Optional Protocol on each article of the CRPD and its Optional Protocol, article from which they are derived. Human Rights Indicators have obviously only been derived from those articles that have instrumental The Indicators are then embedded within the or substantive human rights content; that is, framework of the CRPD and its Optional Protocol,and articles that contain either human right‘process’or are accompanied by a short commentary on each ‘outcome’requirements. Article of the CRPD.This commentary draws out the salient features of each article,and notes any key issues to be taken into account in the interpretation and application of the rights it contains.A series of discussion points are then elaborated to highlight key issues and sources of evidence that will assist in determining the degree to which persons with disability enjoy (have‘attained’or‘realised’) the right or freedom in the Australian context.

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Summary

Article Human Rights Indicators Article 1: • The human rights and fundamental freedoms set out in the CRPD apply to all persons with Purpose disability. • All human rights and fundamental freedoms are promoted,protected and fulfilled. • The inherent dignity of persons with disability is promoted and respected. Article 3: • All human rights and fundamental freedoms of persons with disability are interpreted and General implemented in a manner consistent with the following general principles: principles • Respect for the inherent dignity, individual autonomy, including freedom to make one’s own choices, and independence of persons; • Non- discrimination; • Full and effective participation and inclusion in society; • Res pect for difference and acceptance of persons with disabilities as part of human diversity and humanity; • Equa lity of opportunity; • Acce ssibility; • Equa lity between men and women; • Res pect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. Article 4: • All human rights and fundamental freedoms of persons with disability are promoted, General protected and fulfilled by laws, policies and programmes. obligations • All laws, regulations, customs and practices that constitute discrimination on the ground of disability have been modified or abolished. • All policies and programmes take into account the promotion and protection of the human rights and fundamental freedoms of persons with disability. • All action and practices of public authorities and institutions is consistent with the human rights and fundamental freedoms of persons with disability. • There is no discrimination on the ground of disability by any person, organisation or private enterprise. • Research and development of universally designed goods, services, equipment and facilities is undertaken or promoted. • The availability and use of universally designed goods, services, equipment and facilities is promoted. • The use of universal design in the development of standards and guidelines is promoted. • Research and development of new technologies, mobility aids, devices, and assistive technologies for persons with disability is undertaken and promoted. • The availability and use of new technologies, mobility aids, devices, and assistive technologies for persons with disability is promoted. • Priority is given to research and development of technologies with an affordable cost to persons with disability. • Accessible information is provided to persons with disability about mobility aids, devices and assistive technologies, other forms of assistance, support services and facilities. • Professionals and staff working with persons with disability are trained to recognise and facilitate the realisation of the human rights and fundamental freedoms of persons with disability. • The full realisation of economic, social and cultural rights is pursued to the maximum extent of available resources. • The full realisation of economic, social and cultural rights is pursued within a framework of international cooperation, where necessary. • The civil and political rights of persons with disability are immediately realised. • Representative organisations for children and adults with disability are closely consulted and actively involved in the development and implementation of legislation and policies to implement the CRPD and all other decision-making processes concerning issues relating to persons with disability. • Existing provisions, which are more favourable than those provided the CRPD, are preserved. • The human rights and fundamental freedoms of persons with disability are recognised in all parts of Australia’s federal system without any limitations or exceptions.

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Article Human Rights Indicators Article 5: • The law is the same for persons with disability as it is for others. Equality and • The law is applied to persons with disability in the same way as it is applied to others. non- • The law shields persons with disability from harm in the same way it does for others. discrimination • Persons with disability are able to use the law to protect or pursue their interests on an equal basis with others. • Discrimination on the ground of disability is prohibited. • Persons with disability are effectively protected from discrimination on the ground of disability, and on all other grounds. • All appropriate steps are taken to ensure the provision of reasonable accommodation of the needs of persons with disability. • Positive measures designed to promote and achieve equality for persons with disability are excepted from the prohibition of discrimination on the ground of disability. Article 6: • The pre-existing gender inequality of women and girls with disability is recognised in Women with all aspects of CRPD implementation. disabilities • Women and girls with disability enjoy all human rights and fundamental freedoms on the basis of equality with men and boys. • Positive measures are in place to ensure the development, advancement and empowerment of women and girls with disability, and their ability to exercise their human rights and fundamental freedoms. Article 7: • Children and young persons with disability enjoy all human rights and fundamental Children with freedoms on an equal basis with other children. disabilities • In all action concerning children and young persons with disability, the best interests of the child is a primary consideration. • The evolving autonomy of children and young persons with disability is recognised in all decision-making processes that affect them. • Children and young persons with disability are able to express their views on all matters that affect them. • The views of children and young persons with disability are given appropriate weight in all decision-making processes. • Reasonable accommodation is provided to children and young persons with disability where required to ensure their ability to participate in decision-making processes on an equal basis with other children. • Age-related accommodations are provided to children and young persons with disability on an equal basis with other children to ensure their ability to participate in decision-making processes. Article 8: • The human rights and dignity of persons with disability are recognised and respected Awareness- at all levels of society and in all areas of life. raising • The community is receptive to the human rights of persons with disability. • The community has positive perceptions of persons with disability. • Stereotypes, prejudices and harmful practices relating to persons with disability are effectively combated at all levels of society and in all areas of life. • The capability and contribution of persons with disability is effectively promoted at all levels of society and in all areas of life. • The media portrays persons with disability in a manner that is consistent with their human rights and dignity.

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Article Human Rights Indicators Article 9: • Persons with disability are able to access all aspects of the environment on an equal Accessibility basis with others, including: • Public and private buildings and facilities, including schools, housing, medical facilities and workplaces; • Inform ation and communications, including information and communication technologies and systems; • Tr ansport and transport infrastructure. • Barriers and obstacles to accessibility of public facilities and services are identified and eliminated. • Standards and guidelines are in place and are enforced to ensure the accessibility of public services and facilities. • Standards and guidelines for accessibility apply to both government and private entities providing public services and facilities. • Training on accessibility issues for persons with disability is provided to all relevant stakeholders (for example, architects, planners, and engineers). • Signage in public buildings is available in Braille, and in easy to read and comprehend formats. • Live assistance and intermediaries (such as guides, readers and sign language interpreters) are available to facilitate accessibility to public buildings and facilities. • Any other necessary assistance is available to persons with disability to ensure their access to information. • Persons with disability have access to new information and communications technologies and systems, including the Internet. • Information and communication technologies and systems are from the outset designed, developed, produced, and distributed so as to incorporate accessibility features. • Information and communication technologies and systems may be made accessible to persons with disability at minimum cost.

Article 10: • Persons with disability enjoy the right to life and survival on an equal basis Right to life with others. • All necessary measures are taken to ensure that persons with disability enjoy the right to life and survival on an equal basis with others. • Persons with disability are not arbitrarily deprived of life, including as a result of discrimination on the ground of disability. • The right to life is protected by law (and these laws are effective in relation to persons with disability). Article 11: • All necessary measures are taken to ensure the protection and safety of Situations of persons with disability in situations of risk. risk and humanitarian emergencies

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Article Human Rights Indicators Article 12: • All persons with disability are recognised at all times and in all situations as persons Equal with legal rights and duties. recognition • Persons with disability are able to exercise legal capacity on an equal basis with before the law others. • Persons with disability receive any support they may require to exercise their legal capacity. Any such support: • Respects the rights, will and preferences of the person; • Is free from conflict of interest and undue influence; • Is proportionate to the person’s need for such support (that is, it is the least restrictive necessary); • Is individualised; • Is provided only for the period necessary; • Is subject to regular review by an independent and impartial authority. • Persons with disability are able to own and inherit property. • Persons with disability have access to credit on an equal basis with others. • Persons with disability are not deprived of their property without proper lawful reason. • Persons with disability are able to control their own financial affairs on an equal basis with others. • Persons with disability receive any support they may require to manage their financial affairs. Any such support: • Respects the rights, will and preferences of the person; • Is free from conflict of interest and undue influence; • Is proportionate to the person’s need for such support (that is, it is the least restrictive necessary); • Is individualised; • Is provided only for the period necessary; • Is subject to regular review by an independent and impartial authority. Article 13: • Persons with disability enjoy effective access to justice at all stages of the legal Access to justice process. • Procedural accommodations are made in the legal process to ensure effective participation of persons with disability in the justice system in whatever role they encounter it. • Age-related accommodations are made to the legal process to ensure effective participation of children and young persons with disability. • Appropriate training is provided to all justice agency personnel to ensure access to justice for persons with disability. Article 14: • Persons with disability enjoy personal freedom on an equal basis with others. Liberty and • Persons with disability are free from interference with their person on an equal basis security of the with others. person • Persons with disability are not deprived of liberty without lawful and proper reason. • The existence of impairment or disability (of itself) is never a reason for deprivation of liberty. • Persons with disability deprived of their liberty enjoy fully their remaining human rights. • Reasonable accommodation is provided to persons with disability deprived of their liberty to ensure their full enjoyment of their remaining human rights.

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Article Human Rights Indicators Article 15: • Persons with disability are effectively protected from torture, and from cruel, Freedom from inhuman, and degrading treatment or punishment. torture or cruel, • Persons with disability are not subject to medical or scientific experimentation inhuman or without their consent. degrading • Persons with disability who do not have the capacity to consent are subject to treatment or special protection from medical and scientific experimentation. punishment • All effective measures are taken to protect persons with disability from torture, and from cruel, inhuman and degrading treatment or punishment. Article 16: • Persons with disability are effectively protected from all forms of exploitation, Freedom from violence and abuse. exploitation, • Protection from exploitation, violence and abuse is effective both within and violence and outside the home (that is, both in the public and private spheres). abuse • Women and girls with disability are effectively protected from all forms of exploitation, violence and abuse that have a gender dimension. • Children and young persons with disability and older persons with disability are effectively protected from all forms of exploitation, violence and abuse that have an age dimension. • Persons with disability, their families and carers are effectively informed and educated in relation to strategies to avoid, detect and report all forms of exploitation, violence and abuse. • There are effective laws and policies that ensure that harms against persons with disability are identified, investigated and prosecuted. • Laws, policies, programmes, protective and other services that relate to the prevention, detection, investigation and prosecution of harms against children and adults with disability are age, gender and disability sensitive. • All specialist facilities and programmes for persons with disability are effectively monitored by independent authorities to safeguard against exploitation, violence and abuse of persons with disability. • Persons with disability who are victims of harm have access to effective recovery, rehabilitation and social reintegration programmes and services. • Recovery, rehabilitation and reintegration programmes for persons with disability who are victims of harm are provided in an environment that fosters the health, welfare, self-respect, dignity and autonomy of the person. • Recovery, rehabilitation and reintegration programmes for persons with disability who are victims of crime are responsive to age and gender-related needs. Article 17: • Persons with disability are not subject to interference with their physical Protecting the integrity. integrity of the • Persons with disability are not subject to interference with their mental person integrity.

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Article Human Rights Indicators Article 18: • Persons with disability enjoy liberty of movement within and across national Liberty of borders on an equal basis with others. movement and • Persons with disability are able to choose their own residence on an equal basis nationality with others. • Persons with disability are able to choose their nationality on an equal basis with others. • Children with disability are registered immediately after birth. • Children with disability are named from birth. • Children with disability acquire a nationality from birth. • Children with disability know and are cared for by their parents from birth. Article 19: • Persons with disability live in the community with choices equal to others. Living • Persons with disability are included, and participate, in the community. independently • Persons with disability are able to choose their place of residence on an equal and being basis with others. included in the • Persons with disability are not obliged to live in any particular living community arrangement. • Persons with disability have access to a range of in-home, residential and other community support services necessary to support living and inclusion in the community and to prevent isolation and segregation from the community. • Community services and facilities for the general population are available to persons with disability on an equal basis with others and are responsive to their needs. Article 20: • Persons with disability enjoy personal mobility with the greatest possible Personal independence. mobility • Persons with disability are able to mobilise in the manner and at the time of their choice. • Persons with disability are able to mobilise at an affordable cost. • Persons with disability have access to quality mobility aids, devices and assistive technologies. • Persons with disabilities have access to live assistance and intermediaries. • Persons with disability are effectively trained in mobility skills. • Staff who work with persons with disability are effectively trained in mobility skills. • There are mobility aids, devices and assistive technologies to support all aspects of mobility for persons with disability. Article 21: • Persons with disability enjoy freedom of expression on an equal basis with Freedom of others. expression and • Persons with disability enjoy freedom of opinion on an equal basis with others. opinion, and • Persons with disability have freedom to seek, receive and impart information access to and ideas on an equal basis with others. information • Persons with disability are able to seek, receive and impart information and ideas through all forms of communication of their choice. • Public information is available to persons with disability in accessible formats. • Public information is accessible to persons who use assistive communication devices. • Public information is made available in accessible formats in a timely manner and without additional cost. • Alternative modes, means and formats of communication are accepted and facilitated in official interactions with persons with disability. • Public information and services provided by the private sector are accessible to persons with disability. • The mass media is accessible to persons with disability. • The Internet is accessible to persons with disability. • Australian Sign Language is officially recognised and its use is promoted. HUMAN RIGHTS INDICATORS FOR PERSONS WITH DISABILITY

Article Human Rights Indicators Article 22: • Persons with disability are free from arbitrary or unlawful interference with their Respect for privacy, irrespective of their living arrangements. privacy • Persons with disability are free from arbitrary or unlawful interference with their family life. • Persons with disability are free from arbitrary or unlawful interference with their home. • Persons with disability are free from arbitrary or unlawful interference with their correspondence and other forms of communication. • Persons with disability are free from unlawful attacks on their honour and reputation. • The law effectively protects persons with disability from interference with all aspects of their privacy. • The law effectively protects persons with disability from attacks on their honour and reputation. • The law effectively protects the privacy of personal, health and rehabilitation information of persons with disability on an equal basis with others. Article 23: • Persons with disability do not experience discrimination in relation to any Respect for matter concerning marriage, family, parenthood and relationships. home and the • Consenting adults with disability are able to marry and found a family. family • Persons with disability are able to decide on the number and spacing of their children. • Persons with disability have effective access to family planning information and education, including in accessible and adapted formats if required. • Persons with disability, including children with disability, retain their fertility on an equal basis with others. • Persons with disability are accorded the same rights and responsibilities as others with respect to the guardianship and adoption of children. • The ‘best interests of the child’ is the paramount consideration in all decisions concerning guardianship and adoption. • Persons with disability have access to appropriate assistance, where necessary, to perform their child-rearing responsibilities. • Children with disability are accorded the same rights as other children to family life. • Children with disability are effectively protected from concealment, abandonment, neglect and segregation. • Children with disability and their families are effectively supported with early intervention, comprehensive information, and services and support. • Children with disability are not arbitrarily or unlawfully separated from their parents against their will. The ‘best interests of the child’ is the basis for any such separation. • Children with disability are not separated from their parents on the basis of the disability of either the child or of one or both parents. • Children with disability unable to live with their immediate family are provided with alternative care within their wider family, or if this is not possible, within the community in a family setting.

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Article Human Rights Indicators Article 24: • Persons with disability are accorded the right to education. Education • Persons with disability are free from discrimination on the ground of disability in education. • Education of persons with disability is inclusive at all levels of the education system. • Persons with disability have access to life-long learning, including general tertiary education, vocational training and adult education. • Education is directed to: • The full development of human potential and sense of dignity and self worth; • Str engthening of respect for human rights, fundamental freedoms, and human diversity; • Th e development of personality, talents and creativity, and mental and physical abilities, to their fullest potential; • En abling persons with disability to participate effectively in a free society. • Persons with disability are not excluded from the general education system on the basis of disability. • Persons with disability are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability. • Persons with disability can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live. • Students with disability are provided with reasonable accommodation of their impairment and disability-related needs. • Students with disability receive the support they require to facilitate their effective education within the general education system. • Students with disability receive effective individualised support measures in fully inclusive environments that maximise academic and social development. • Persons with disability have access to life and social development skills education to facilitate their full and equal participation in education and as members of the community. • Persons with disability have the opportunity to learn: • Braille, alternative script, augmentative and alternative modes, means and formats of communication; • Ori entation and mobility skills; and • Si gn languages. • Persons with disability have access to peer support and mentoring. • The linguistic identity of the Deaf community is promoted in educational settings. • Education for children who are blind, deaf or deafblind is delivered in appropriate languages, including sign languages, and other modes and means of communication appropriate for the individual. • Teachers are qualified in Australian Sign Language and proficient in the use of Braille. • Staff at all levels of the education system are educated in disability awareness and in the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support students with disability.

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Article Human Rights Indicators Article 25: • Persons with disability enjoy the highest attainable standard of health. Health • Persons with disability do not experience discrimination in any aspect of the health system. • Health services, including health-related rehabilitation services, are gender sensitive. • Persons with disability have access to the same range, quality and standard of free or affordable health care and programmes as other persons. • Persons with disability have access to the same range, quality and standard of free or affordable sexual and reproductive health care and programmes as other persons • Persons with disability have access to the same range, quality and standard of population-based public health programmes as other persons. • Persons with disability have access to any specialist health services they require, including early identification and intervention services, and services designed to minimise or prevent further disability. • Health services are available in local communities, including in rural areas. • Health professionals provide the same quality of care to persons with disability as to others. • Health professionals are educated to raise awareness of the human rights, dignity, autonomy and needs of persons with disability. • Health care is provided only on the basis of the free and informed consent of the person with disability receiving treatment. • There are health care ethical standards in place for public and private health care that ensure that persons with disability receive the highest attainable health care without discrimination. • Discrimination on the ground of disability in the provision of health insurance and life insurance is prohibited. Such insurance is available to persons with disability on a fair and reasonable basis. • Discriminatory denial of health care or health services, or foods or fluids on the basis of disability, is prohibited. Article 26: • Persons with disability have access to habilitation and rehabilitation services that will Habilitation allow them to attain and maintain : and • Maximum independence; rehabilitation • Full physical, mental, social and vocational ability; • Full inclusion and participation in all aspects of life. • Habilitation and rehabilitation services begin at the earliest possible stage. • Habilitation and rehabilitation services are based on the multidisciplinary assessment of the person’s individual needs and strengths. • Habilitation and rehabilitation services support persons with disability to participate and be included in the community, and in all aspects of society. • Habilitation and rehabilitation services are available to persons with disability in local communities, including in rural areas. • The participation of persons with disability in habilitation and rehabilitation services is voluntary. • Habilitation and rehabilitation professionals and staff receive comprehensive initial and continuing education. • Persons with disability are informed about, and have ready access to, assistive devices and technologies to assist them with habilitation and rehabilitation.

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Article Human Rights Indicators Article 27: • Persons with disability have access to work on an equal basis with others. Work and • Persons with disability have the opportunity to gain a living in a freely chosen or employment accepted labour market and work environment. • Persons with disability have access to open, inclusive and accessible employment. • Discrimination on the ground of disability is prohibited in all forms and aspects of employment, including: • Conditions of recruitment; • Hi ring and employment; • Con tinuity of employment; • Care er advancement; • Sa fe and healthy working conditions. • Persons with disability have access to just and favourable conditions of work on an equal basis with others. This includes: • Equal opportunities of work; • Equal remuneration for work of equal value; • Safe and healthy working conditions, including protection from harassment; • The redress of grievances. • Persons with disability exercise their labour and trade union rights on an equal basis with others. • Persons with disability have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training. • Career opportunities and career advancement for persons with disability are promoted. • Persons with disability are provided with assistance to find, obtain, maintain and return to employment. • Opportunities for self-employment, entrepreneurship, development of cooperatives and personal enterprises are promoted to persons with disability. • Persons with disability are employed in the public sector. • There are policies and measures (such as affirmative action and incentives), which promote employment of persons with disability in the private sector. • Persons with disability have access to reasonable accommodation of their impairment and disability related needs in the workplace. • Persons with disability have access to work experience in the open labour market. • Vocational and professional rehabilitation, job-retention and return-to-work programmes for persons with disability are promoted. • Persons with disability are not held in slavery or in servitude and are protected from forced or compulsory labour on an equal basis with others. Article 28: • Persons with disability have access to an adequate standard of living for themselves and Adequate their families, including adequate food, clothing and housing, without discrimination on standard of the ground of disability. living and • Persons with disability enjoy continuous improvement of living conditions without social discrimination on the ground of disability. protection • Persons with disability have access to social protection without discrimination on the ground of disability. • Persons with disability have access to clean water. • Persons with disability have access to appropriate and affordable services, devices and other assistance for disability-related needs. • Persons with disability have access to social protection and poverty reduction programmes. In particular, women and girls with disability, and older persons with disability, have access to social protection and poverty reduction programmes. • Persons with disability and their families living in situations of poverty have access to assistance with disability-related expenses. • Persons with disability have access to public housing programmes. • Persons with disability have access to retirement benefits and programmes. Queensland Advocacy Incorporated 29 HUMAN RIGHTS INDICATORS FOR PERSONS WITH DISABILITY

Article Human Rights Indicators Article 29: • Persons with disability effectively and fully participate in political and public life on Participation in an equal basis with others, directly or through freely chosen representatives. political and • Voting procedures, facilities and materials are accessible to persons with disability. public life • Persons with disability are able to vote by secret ballot in elections and public referendums. • Persons with disability are able to vote in elections and public referendums without intimidation. • Persons with disability are able to stand for election, to effectively hold office, and perform all public functions at all levels of government. • Persons with disability have access to a personal assistant of their choice to assist in voting. • Persons with disability can effectively and fully participate in the conduct of public affairs on an equal basis with others without discrimination. • Participation of persons with disability in public affairs is encouraged. • Persons with disability are encouraged to participate in non-governmental organisations and associations concerned with public and political life, and in the activities and administration of political parties. • Persons with disability are encouraged to form and join organisations of persons with disability to represent them at the international, national, regional and local levels. Article 30: • Persons with disability take part in cultural life on an equal basis with others. Participation in • Cultural materials are available in accessible formats. cultural life, • Persons with disability have access to television programmes, films, theatre and other recreation, cultural activities in accessible formats. leisure and sport • Persons with disability have access to places of cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services. • Persons with disability have access, as far as possible, to monuments and sites of national cultural importance. • Persons with disability have the opportunity to develop and utilise their creative, artistic and intellectual potential. • Intellectual property rights do not constitute an unreasonable or discriminatory barrier to access to cultural materials for persons with disability. • The specific cultural and linguistic identity of persons with disability, including sign languages and Deaf culture, is recognised. • Persons with disability participate in recreational, leisure and sporting activities on an equal basis with others. • The participation to the fullest extent possible of persons with disability in mainstream sporting activities at all levels is encouraged and promoted. • Persons with disability have the opportunity and capacity to organise, develop and participate in disability-specific sporting and recreational activities. • Persons with disability have access to sporting, recreational and tourism venues. • Children with disability have equal access with other children to participation in play, recreation and leisure and sporting activities. • Persons with disability have access to services from those involved in the organisation of recreation, tourism, leisure and sporting activities.

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Article Human Rights Indicators Article 31: • Statistical and research data is collected to assist in the formulation and Statistics and implementation of policies to give effect to the CRPD. data collection • Information collection processes comply with human rights and ethical safeguards, including in relation to the confidentialy of personal information. • Information is disaggregated so as to enable it to be used to assess the effectiveness of CRPD implementation efforts in a particular area or with respect to a particular group. • Statistical and research data is disseminated to persons with disability in accessible formats, and to interested others. Article 32: • The importance of international cooperation for the realisation of the purpose and International objectives of the CRPD is recognised and promoted. cooperation • International cooperation is undertaken in partnership with civil society, in particular with organisations of persons with disability. • International development programmes are inclusive of and accessible to persons with disability. • Capacity to implement the CRPD is built by sharing and exchanging information, experience, training and best practice with other nations. • Capacity to implement the CRPD is built by facilitating cooperation in research and access to scientific and technical knowledge with other nations. • Capacity to implement the CRPD is built by providing economic and technical assistance to other nations. Such assistance includes the provision of access to, and the sharing of, accessible and assistive technologies. Article 33: • There are designated focal points and coordination mechanisms within government National to facilitate cross-sectoral CRPD implementation. implementation • An independent monitoring mechanism to oversee implementation of the CRPD, and monitoring which complies with the Paris Principles has been designated or established. • Persons with disability are fully involved, and participate, in national monitoring of implementation of the CRPD. Article 35: • A comprehensive report to the Committee on the Rights of Persons with Disabilities in Reports by relation to Australia’s implementation of the CRPD is lodged within two years of the States Parties CRPD coming into force. • Periodic reports are submitted to the Committee in relation to Australia’s implementation of the CRPD every four years or when the Committee requests Australia to do so. • Reports to the Committee are prepared in an open and transparent manner. • Persons with disability are actively consulted in the preparation of Australia’s reports to the Committee. Article 37: • Australia cooperates with the Committee on the Rights of Persons with Disabilities. Cooperation between States Parties and the Committee Article 40: • Australia actively participates in the Conference of State Parties. Conference of States Parties

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Article Human Rights Indicators Article 43: • Australia is a party to the Convention on the Rights of Persons with Disabilities. Consent to be bound

Article 46: • Australia has not lodged reservations against any aspect of the CRPD. Reservations

OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Article Human Rights Indicators Article 3 • Australia responds to communications received by the Committee on the Rights of Persons with Disabilities within six months of notification of the communication. Article 4 • Australia takes any interim measures requested by the Committee on the Rights of Persons with Disabilities to avoid irreparable damage to the victim or victims of an alleged violation. Article 7 • Australia cooperates with the Committee on the Rights of Persons with Disabilities in any inquiry into allegations of grave or systemic violations of the CRPD.

• Australia responds to any findings, comments and recommendations arising from an inquiry into allegations of grave or systemic violations of the CRPD within six months of receiving the Committee’s report.

Article 11 • Australia is a party to the Optional Protocol to the Convention on the Rights of Persons with Disabilities. Article 14 • Australia has not lodged reservations against any aspect of the Optional Protocol.

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Detailed Commentary (e) Recognizing that disability is an evolving concept The States Parties to the present Convention, and that disability results from the interaction between persons with impairments and (a) Recalling the principles proclaimed in the Charter attitudinal and environmental barriers that of the United Nations which recognize the hinders their full and effective participation in inherent dignity and worth and the equal and society on an equal basis with others, inalienable rights of all members of the human family as the foundation of freedom, justice and (f) Recognizing the importance of the principles and peace in the world, policy guidelines contained in the World Programme of Action concerning Disabled (b) Recognizing that the United Nations, in the Persons and in the Standard Rules on the Universal Declaration of Human Rights and in Equalization of Opportunities for Persons with the International Covenants on Human Rights, Disabilities in influencing the promotion, has proclaimed and agreed that everyone is formulation and evaluation of the policies, entitled to all the rights and freedoms set forth plans, programmes and actions at the national, therein, without distinction of any kind, regional and international levels to further equalize opportunities for persons with (c) Reaffirming the universality, indivisibility, disabilities, interdependence and interrelatedness of all human rights and fundamental freedoms and (g) Emphasizing the importance of mainstreaming the need for persons with disabilities to be disability issues as an integral part of relevant guaranteed their full enjoyment without strategies of sustainable development, discrimination, (h) Recognizing also that discrimination against any (d) Recalling the International Covenant on person on the basis of disability is a violation of Economic, Social and Cultural Rights, the the inherent dignity and worth of the human International Covenant on Civil and Political person, Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, (i) Recognizing further the diversity of persons with the Convention on the Elimination of All Forms disabilities, of Discrimination against Women, the (j) Recognizing the need to promote and protect the Convention against Torture and Other Cruel, human rights of all persons with disabilities, Inhuman or Degrading Treatment or including those who require more intensive Punishment, the Convention on the Rights of the support, Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,

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(k) Concerned that, despite these various instruments (s) Emphasizing the need to incorporate a gender and undertakings, persons with disabilities perspective in all efforts to promote the full continue to face barriers in their participation as enjoyment of human rights and fundamental equal members of society and violations of their freedoms by persons with disabilities, human rights in all parts of the world, (t) Highlighting the fact that the majority of persons (l) Recognizing the importance of international with disabilities live in conditions of poverty, cooperation for improving the living conditions and in this regard recognizing the critical need of persons with disabilities in every country, to address the negative impact of poverty on particularly in developing countries, persons with disabilities,

(m) Recognizing the valued existing and potential (u) Bearing in mind that conditions of peace and contributions made by persons with disabilities security based on full respect for the purposes to the overall well-being and diversity of their and principles contained in the Charter of the communities, and that the promotion of the full United Nations and observance of applicable enjoyment by persons with disabilities of their human rights instruments are indispensable for human rights and fundamental freedoms and of the full protection of persons with disabilities, in full participation by persons with disabilities will particular during armed conflicts and foreign result in their enhanced sense of belonging and occupation, in significant advances in the human, social and economic development of society and the (v) Recognizing the importance of accessibility to eradication of poverty, the physical, social, economic and cultural environment, to health and education and to (n) Recognizing the importance for persons with information and communication, in enabling disabilities of their individual autonomy and persons with disabilities to fully enjoy all independence, including the freedom to make human rights and fundamental freedoms, their own choices, (w) Realizing that the individual, having duties to (o) Considering that persons with disabilities should other individuals and to the community to have the opportunity to be actively involved in which he or she belongs, is under a responsibility decision-making processes about policies and to strive for the promotion and observance of programmes, including those directly the rights recognized in the International Bill of concerning them, Human Rights,

(p) Concerned about the difficult conditions faced by (x) Convinced that the family is the natural and persons with disabilities who are subject to fundamental group unit of society and is multiple or aggravated forms of discrimination entitled to protection by society and the State, on the basis of race, colour, sex, language, and that persons with disabilities and their religion, political or other opinion, national, family members should receive the necessary ethnic, indigenous or social origin, property, protection and assistance to enable families to birth, age or other status, contribute towards the full and equal enjoyment of the rights of persons with (q) Recognizing that women and girls with disabilities, disabilities are often at greater risk, both within and outside the home of violence, injury or (y) Convinced that a comprehensive and integral abuse, neglect or negligent treatment, international convention to promote and protect maltreatment or exploitation, the rights and dignity of persons with disabilities will make a significant contribution to redressing (r) Recognizing that children with disabilities should the profound social disadvantage of persons have full enjoyment of all human rights and with disabilities and promote their participation fundamental freedoms on an equal basis with in the civil, political, economic, social and other children, and recalling obligations to that cultural spheres with equal opportunities, in both end undertaken by States Parties to the developing and developed countries, Convention on the Rights of the Child,

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Commentary Paragraph (e) seeks to underpin the CRPD with a contemporary understanding of disability as an The Preamble to the CRPD comprises 25 paragraphs ‘evolving’ concept, which is the result of the (a to y) which have a number of different purposes. interaction of persons with impairments with Together they provide an overview of the attitudinal and environmental barriers. In its first international concern that led to the development aspect, paragraph (e) seeks both to positively frame of the CRPD, situate the CRPD in the context of other the negotiating committee’s inability or disability and human rights initiatives taken by the unwillingness to agree on a definition of ‘disability’ international community up to that point, and or ‘person with disability,’ and to acknowledge that highlight key issues necessary for a proper understandings of impairment and disability vary understanding of disability and human rights across cultures and time. In its second aspect, concerns. Unlike the other parts of the CRPD, the paragraph (e) makes it clear that the CRPD is based Preamble does not contain binding legal on the social model of disability. Paragraph (v) also obligations. However, it plays an important role in emphasises the social model of disability by the interpretation of the CRPD. recognising the importance of the accessibility to the social environment and social programmes to Paragraphs (a) and (b) recite the foundation for the the realisation of the human rights of persons with rights of persons with disability, which is the disability. international community’s commitment to the inherent dignity and worth, and inalienable rights, Paragraph (f) notes the importance of the principles of all members of the human family (emphasis and policy guidelines contained in the United added) contained in the Charter of the United Nations World Programme of Action concerning Nations, and the entitlement of everyone … without Disabled Persons (1982)48 and in the Standard Rules distinction of any kind (emphasis added) to all the on the Equalization of Opportunities of Persons with rights and freedoms set out in the Universal Disabilities (1993).49 In doing so, it explicitly Declaration of Human Rights and other international acknowledges these instruments as antecedents to human rights covenants. Paragraph (h) amplifies the CRPD. By not mentioning the United Nations this view by recognising that ‘discrimination Declaration on the Rights of Mentally Retarded against any person on the basis of disability is a Persons (1971), the United Nations Declaration on the violation of the inherent dignity and worth of the Rights of Disabled Persons (1975), and the United human person.’ Nations Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Paragraph (c) recites the foundation for the holistic Care (1991) the paragraph, implicitly, negates the approach that has been taken to the development CRPD’s evolution from these instruments, or at of the CRPD, which lies in the ‘universality, least, draws a line between these instruments and indivisibility, interdependence and interrelatedness the CRPD.50 of all human rights and fundamental freedoms and the need for persons with disabilities to be Paragraph (g) emphasises the importance of guaranteed their full enjoyment without mainstreaming disability issues in social discrimination.’ development. This theme is picked up again in paragraph (t), which highlights the fact that the Paragraph (d) establishes the status of the CRPD as majority of persons with disability in the world live an integral human rights instrument by situating it in poverty, and that there is a critical need to on the same level as the existing ‘core’ United address this. Paragraph (l) elaborates this theme by Nations human rights treaties. recognising the importance of international cooperation for improving the living conditions of persons with disability in developing countries.51 Taken together, these three paragraphs make it clear that persons with disability ought to be a priority, and CRPD rights should be applied, in poverty reduction and social development efforts at the national and international levels.

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Paragraphs (i), (j), (p), (q) (r), and (s) recognise the Paragraph (w) observes that all persons have a duty diversity of persons with disability, and the multiple to others and to the community to strive for the and aggravated disadvantage and discrimination promotion and observance of all human rights experienced by persons with disability who require recognised in the International Bill of Rights (from more intensive support, as well as those who which the CRPD is derived). In this respect, it experience such disadvantage and discrimination highlights the fact that it is not only nations and on the basis of additional characteristics such as governments that have this responsibility, but all race, colour, sex, language, religion, political or other individuals and segments of society. opinion, national, ethnic, indigenous or social origin, property, birth age or other status. Particular Paragraph (x) affirms the family as the natural and emphasis is placed on a gender perspective (in fundamental group unit of society, and the paragraph (s)), and the recognition of gender related entitlement of the family to protection by society violence and abuse (paragraph (q)). The implication and the state. It applies this principal in a way that is that the CRPD must be interpreted and applied in a recognises that both persons with disability and way that will ensure the promotion, protection and their family members should receive protection and fulfillment of the human rights and fundamental assistance, so that families can contribute to the freedoms of all persons with disability, including realisation of the human rights of persons with those who experience multiple and aggravated disability. It is important to observe that paragraph forms of human rights violation. (x) is delicately drafted to emphasise that protection and assistance provided to families must Paragraph (k) sets out the principal reason for the be instrumental in the realisation of the rights of development of a core thematic human rights persons with disability. instrument in relation to persons with disability, which was the failure of pre-existing instruments to Finally, paragraph (y) asserts the belief that the secure equality for persons with disability and CRPD will make a significant contribution to prevent human rights violations against them. redressing the profound social disadvantage of persons with disability, and promote their Paragraph (m) challenges the traditional negative participation in all aspects of life. Importantly, this and deficit-based construction of disability and belief is asserted with respect to both developing persons with disability by explicitly recognising the and developed countries. It is also notable that value of the potential and actual contributions made paragraph (y) preserves the concept of a by persons with disability to the well-being and ‘comprehensive and integral’ international diversity of their communities. Paragraph (m) also convention, which featured in the working title of recognises that securing human rights for persons the CRPD during most of its negotiation stage. The with disability will enhance the sense of belonging meaning of these terms has been discussed in the that persons with disability experience in their introduction to this resource. communities, and significantly advance the human, social and economic development of their societies.

Paragraph (n) recognises the importance to persons with disability of their individual autonomy and independence, including the ability to make their own choices. Paragraph (o) applies this principle to public policy making, asserting that persons with 48 United Nations, General Assembly, World Programme of Action disability ought to be provided with the opportunity Concerning Disabled Persons; Report of the Secretary-General: Addendum to be actively involved in decision-making processes UN Doc. A/37/351/Add.1. about policies and programmes, included those 49 United Nations, General Assembly, Standard Rules on the Equalization of Opportunities for Persons with Disabilities UN Doc A/Res/48/49. directly affecting them. 50 The International Disability Caucus (a coalition of non- governmental organisations participating as observers in the Paragraph (u) highlights the risks faced by persons negotiating committee’s proceedings) explicitly opposed reference to with disability during armed conflicts and foreign these instruments on the basis that they perpetuated approaches that result in the violation of the human rights of persons with disability. occupation, and calls for the observance of all of 51 Paragraph (l) does not limit international cooperation to poverty the human rights of persons with disability in these reduction or social development in poorer countries, however. It situations. It links this imperative to the Charter of recognises that international cooperation is important for improving the living conditions of persons with disability in every country. This the United Nations, which encapsulates the view might include, for example, sharing of technical standards, and that respect for human rights is essential for peace cooperation on issues such as copyright, which have international and security of the world. dimensions. Queensland Advocacy Incorporated 36 CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

ARTICLE 1: Commentary This Article sets out the purpose of the CRPD. The purpose contains a number of key concepts essential The purpose of the present Convention is to to the interpretation of the CRPD as a whole. It sets promote, protect and ensure the full and equal out three levels of obligation: to promote (foster enjoyment of all human rights and fundamental recognition), protect (prevent interference with), and freedoms by all persons with disabilities, and to ensure (enable the realisation of) the human rights promote respect for their inherent dignity. and fundamental freedoms of persons with disability. The Article makes it clear that these levels Persons with disabilities include those who have of obligation apply to all human rights and long-term physical, mental, intellectual or sensory fundamental freedoms. They therefore apply to all impairments which in interaction with various other general and specific obligations set out in the barriers may hinder their full and effective CRPD. The Article also requires State Parties to participation in society on an equal basis with promote and respect (that is, not interfere with) others. inherent human dignity, which is the ultimate source of all human rights and freedoms. The CRPD does not define the terms impairment or disability, or person with disability. However, this Article makes it clear that the CRPD applies to all persons with disabilities, which includes (but is not limited to) persons who have long-term physical, mental, intellectual and sensory impairments. The class of persons recognised by the CRPD is therefore expansive and inclusive, rather than limited and restrictive. In fact, the real extent of the class of persons protected by Article 1. the CRPD can probably only properly be ascertained by reliance upon external interpretive aids such as the World Health Organisation’s International Human Rights Classification of Functioning, Disability and Health. Although it does not define disability or persons with Indicators disability as such, the Article makes it clear that disability is to be understood according to the • The human rights and fundamental precepts of the social model, which interprets freedoms set out in the CRPD apply to all disability as the product of the interaction of persons persons with disability. with impairments with environmental barriers that hinder their full and effective participation in society • All human rights and fundamental on an equal basis with others. This social model freedoms are promoted, protected and understanding of disability is a fundamental fulfilled. underpinning of the CRPD.

• The inherent dignity of persons with disability is promoted and respected.

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Article 1. Key issues

Issue Points to consider Are the human rights and • What class of persons is recognised as persons with disability for the fundamental freedoms of purpose of the protection of their human rights and fundamental all persons with disability freedoms? promoted, protected and • Is there any impairment or disability group, or individual with impairment ensured? or disability, that is denied their human rights and fundamental freedoms? Do persons with disability • Are the human rights and fundamental freedoms of persons with enjoy all human rights and disability effectively promoted? fundamental freedoms? • Are the human rights and fundamental freedoms of persons with disability effectively protected? • Are the human rights and fundamental freedoms of persons with disability effectively ensured? Is the inherent dignity of • Is the inherent dignity of persons with disability effectively promoted? persons with disability • Is the inherent dignity of persons with disability respected? recognised?

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ARTICLE 2: Commentary This is an interpretative Article, in that it defines five key terms used in a number of places throughout the CRPD. The Article does not itself enunciate human rights and fundamental For the purposes of the present Convention: freedoms, but rather will assist in clarifying the scope of the rights and freedoms set out in the “Communication” includes languages, display of CRPD’s general and specific obligations. The Article text, Braille, tactile communication, large print, defines the term ‘communication’ very broadly to accessible multimedia as well as written, audio, include forms of interaction based in speech, signs, plain-language, human-reader and augmentative touch, writing and electronic text, as well as to include accessible formats and communication and alternative modes, means and formats of technologies. ‘Language’ is defined to include communication, including accessible information spoken and sign language as well as other forms of and communication technology; non-spoken language.

“Language” includes spoken and signed languages The definition of ‘discrimination on the ground of and other forms of non-spoken languages; disability’ is also very broadly drawn and incorporates any distinction, exclusion or “Discrimination on the basis of disability” means restriction that has the purpose or effect of impairing or nullifying the enjoyment or exercise of any distinction, exclusion or restriction on the basis any human right or fundamental freedom. The of disability which has the purpose or effect of prohibition on discrimination on the ground of impairing or nullifying the recognition, enjoyment disability covers all areas of life, and is therefore far or exercise, on an equal basis with others, of all more extensive than current Australian non- human rights and fundamental freedoms in the discrimination law in the area of disability, which is political, economic, social, cultural, civil or any limited to specific areas of life (such as education, other field. It includes all forms of discrimination, employment, clubs and associations). The including denial of reasonable accommodation; formulation purpose or effect captures direct and indirect discrimination on the ground of disability respectively. Very importantly, discrimination on “Reasonable accommodation” means necessary the ground of disability is defined to include the and appropriate modification and adjustments not denial of reasonable accommodation. “Reasonable imposing a disproportionate or undue burden, accommodation” means necessary and appropriate where needed in a particular case, to ensure to modification needed by a particular person, or in a persons with disabilities the enjoyment or exercise specific situation, to ensure the enjoyment or on an equal basis with others of all human rights exercise of a human right or fundamental freedom and fundamental freedoms; on an equal basis with others. Nevertheless, the obligation to provide reasonable accommodation is limited, in that it must not impose a “Universal design” means the design of products, disproportionate or undue burden on the person or environments, programmes and services to be entity obliged to provide the accommodation. This usable by all people, to the greatest extent possible, test is potentially different, and arguably less without the need for adaptation or specialized stringent, than the ‘unjustifiable hardship’ test design. “Universal design” shall not exclude already provided in Australian non-discrimination assistive devices for particular groups of persons law in the area of disability. However, because the with disabilities where this is needed. ‘unjustifiable hardship’ test is more beneficial to persons with disability, the Convention will require its preservation in Australian law.52 “Universal design” is defined to mean the design of products, environments, programmes and services to be usable by all people to the greatest extent possible, without the need for adaptation or specialised design. Importantly, the obligation to implement 52 Article 4(4) requires the preservation of existing measures more the principle of universal design does not mean beneficial than the CRPD. that effort must not also be directed to the design and development of specialised assistive devices for persons with disability, where necessary. Queensland Advocacy Incorporated 39 CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

ARTICLE 3: Commentary

This Article sets out the general principles that underpin the CRPD. It is both an over-arching and a cross-cutting Article — meaning that these The principles of the present Convention shall be: principles should be applied in all aspects of the interpretation and implementation of the CRPD. (a) Respect for inherent dignity, individual The Article will therefore be important in resolving autonomy including the freedom to make one’s any ambiguity that may arise in relation to the own choices, and independence of persons; meaning and intention of other general and specific obligations. Any such ambiguity would (b) Non-discrimination; need to be resolved in a way that is consistent with these general principles. The Article places major (c) Full and effective participation and inclusion in emphasis on respect for inherent dignity, personal society; autonomy, non-discrimination, participation and inclusion in society, and accessibility. Paragraph (e) (d) Respect for difference and acceptance of also provides that the standard of equality that persons with disabilities as part of human underpins the CRPD is ‘equality of opportunity’ or diversity and humanity; substantive equality. This standard under-girds the requirement to reasonably accommodate the needs (e) Equality of opportunity; of persons with disability provided elsewhere in both the general and specific obligations. (f) Accessibility; Paragraph (d) positively situates disability as part of the spectrum of human diversity, and requires (g) Equality between men and women; respect and acceptance of difference. It challenges deviancy or deficiency-based conceptualisations of (h) Respect for the evolving capacities of children impairment and disability. Paragraph (g) makes it with disabilities and respect for the right of clear that the CRPD is to be interpreted and children with disabilities to preserve their implemented in a manner that promotes, protects, identities. and ensures the human rights and fundamental freedoms of both men and women with disability on the basis of gender equality. Paragraph (h) requires the human rights and fundamental freedoms set out in the CRPD to be interpreted and applied in a manner that recognises the evolving capacities of children with disability. This is particularly relevant to the exercise of personal autonomy in decision-making, for example. The second aspect of paragraph (h) seeks to ensure that children with disability are legally recognised as persons and that their identity is preserved.

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Article 3 Human Rights Indicators

•All human rights and fundamental freedoms of persons with disability are interpreted and implemented in a manner consistent with the following general principles: •Respect for the inherent dignity, individual autonomy, including 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; •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.

Article 3. Key issues

Issue Points to consider Are all human rights and • Are these general principles applied in the interpretation and fundamental freedoms implementation of all aspects of the CRPD? interpreted and • Are any ambiguities in the interpretation and implementation of any implemented in a manner aspect of the CRPD resolved in a manner consistent with these general consistent with these principles? general principles?

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ARTICLE 4: (h) To provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities; (i) To promote the training of professionals and 1. States Parties undertake to ensure and promote staff working with persons with disabilities in the full realization of all human rights and the rights recognized in this Convention so as fundamental freedoms for all persons with to better provide the assistance and services disabilities without discrimination of any kind on guaranteed by those rights. the basis of disability. To this end, States Parties undertake: 2. With regard to economic, social and cultural rights, each State Party undertakes to take (a) To adopt all appropriate legislative, measures to the maximum of its available administrative and other measures for the resources and, where needed, within the implementation of the rights recognized in framework of international cooperation, with a the present Convention; view to achieving progressively the full (b) To take all appropriate measures, including realization of these rights, without prejudice to legislation, to modify or abolish existing those obligations contained in the present laws, regulations, customs and practices that Convention that are immediately applicable constitute discrimination against persons according to international law. with disabilities; (c) To take into account the protection and 3. In the development and implementation of promotion of the human rights of persons legislation and policies to implement the present with disabilities in all policies and Convention, and in other decision-making programmes; processes concerning issues relating to persons (d) To refrain from engaging in any act or with disabilities, States Parties shall closely practice that is inconsistent with the present consult with and actively involve persons with Convention and to ensure that public disabilities, including children with disabilities, authorities and institutions act in conformity through their representative organizations. with the present Convention; (e) To take all appropriate measures to eliminate 4. Nothing is the present Convention shall affect discrimination on the basis of disability by any provisions which are more conducive to the any person, organization or private enterprise; realization of the rights of persons with (f) To undertake or promote research and disabilities and which may be contained in the development of universally designed goods, law of a State Party or international law in force services, equipment and facilities, as defined for that State. There shall be no restriction upon in article 2 of the present Convention, which or derogation from any of the human rights and should require the minimum possible fundamental freedoms recognized or existing in adaptation and the least cost to meet the any State Party to the present Convention specific needs of a person with disabilities, to pursuant to law, conventions, regulation or promote their availability and use, and to custom on the pretext that the present promote universal design in the development Convention does not recognize such rights and of standards and guidelines; freedoms or that it recognizes them to a lesser (g) To undertake or promote research and extent. development of, and to promote the availability and use of new technologies, 5. The provisions of the present Convention shall including information and communication extend to all parts of federal states without any technologies, mobility aids, devices and limitations or exceptions. assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost;

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Commentary Finally, paragraph 1 requires State Parties to promote the training of professionals and staff This is a very important article of considerable working with persons with disability to ensure they density that sets out the general obligations of have the insights and skills to assist in the State Parties in relation to the implementation of realisation of the human rights and fundamental the CRPD. It is an over-arching and cross-cutting freedoms of persons with disability. Paragraph 2 of article in the sense that the obligations it lays down the Article preserves the traditional distinction apply to the implementation of all other general between civil and political rights, which are subject and specific obligations. Paragraph 1 of the Article to the standard of immediate realisation, and sets out a series of implementation measures that economic, social and cultural rights, which are State Parties must agree to undertake once they subject to progressive realisation. Paragraph 2 become a party to the CRPD. This includes the makes it clear that economic, social and cultural obligation to enact laws and develop policies and rights are to be realised progressively using the programmes to give effect to all of the rights and maximum available resources, and if necessary, freedoms recognized by the CRPD. It also includes within a framework of international cooperation. the obligation to repeal or modify laws and Paragraph 3 of the Article places an obligation on regulations and to change customs and practices State Parties to consult with, and actively involve, that discriminate against persons with disability. representative organisations for children and adults Additionally, paragraph 1 requires State Parties to with disability in the development of legislation undertake or promote research and development of and policies to implement all aspects of the CRPD, universally designed goods, services, equipment and in all other decision-making processes relating and facilities, and to incorporate universal design to persons with disability. Paragraph 4 preserves into product standards and guidelines. Similarly, it any measures that may already exist within a state requires State Parties to undertake or promote that are more beneficial than those provided in the research and development of affordable new CRPD. This has important implications in Australia technologies, mobility aids, devices and assistive where some measures already exceed the standard technologies, and to promote their availability and set by the CRPD. Paragraph 5 of the Article requires use. Paragraph 1 further seeks to guarantee that federal states, such as Australia, to ensure that the persons with disability will benefit from assistive CRPD is fully implemented in all jurisdictions of the technologies and other forms of assistance, federation. support services and facilities by requiring State Parties to ensure that they receive accessible information about the availability and use of these technologies and services.

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• All human rights and fundamental freedoms • Priority is given to research and development of persons with disability are promoted, of technologies with an affordable cost to protected and fulfilled by laws, policies and persons with disability. programmes. • Accessible information is provided to persons • All laws, regulations, customs and practices with disability about mobility aids, devices that constitute discrimination on the ground and assistive technologies, other forms of of disability have been modified or abolished. assistance, support services and facilities.

• All policies and programmes take into • Professionals and staff working with persons account the promotion and protection of the with disability are trained to recognise and human rights and fundamental freedoms of facilitate the realisation of the human rights persons with disability. and fundamental freedoms of persons with disability. • All action and practices of public authorities and institutions is consistent with the human • The full realisation of economic, social and rights and fundamental freedoms of persons cultural rights is pursued to the maximum with disability. extent of available resources.

• There is no discrimination on the ground of • The full realisation of economic, social and disability by any person, organisation or cultural rights is pursued within a framework private enterprise. of international cooperation, where necessary. • Research and development of universally designed goods, services, equipment and • The civil and political rights of persons with facilities is undertaken or promoted. disability are immediately realised.

• The availability and use of universally • Representative organisations for children and designed goods, services, equipment and adults with disability are closely consulted facilities is promoted. and actively involved in the development and implementation of legislation and policies to • The use of universal design in the implement the CRPD and all other decision- development of standards and guidelines is making processes concerning issues relating promoted. to persons with disability.

• Research and development of new • Existing provisions, which are more technologies, mobility aids, devices, and favourable than those provided the CRPD, are assistive technologies for persons with preserved. disability is undertaken and promoted. • The human rights and fundamental freedoms • The availability and use of new technologies, of persons with disability are recognised in all mobility aids, devices, and assistive parts of Australia’s federal system without technologies for persons with disability is any limitations or exceptions. promoted.

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Article 4. Key issues

Issue Points to consider Are there laws, policies and • What are the human rights and fundamental freedoms recognised by the programmes in place to CRPD? implement all of the • What laws, policies and programmes implement these human rights and human rights and fundamental freedoms? fundamental freedoms recognised by the CRPD? Are there any remaining • Are there any laws and regulations that discriminate on the ground of laws, regulations, customs disability? or practices that constitute • Are there any social customs and practices that discriminate on the discrimination against ground of disability? persons with disability? • What action has been taken (or is being taken) to repeal or modify any laws and regulations that discriminate on the ground of disability? • What action has been taken (or is being taken) to change any social customs and practices that discriminate on the ground of disability? Are the human rights and • Do all policies and programmes promote and protect the human rights fundamental freedoms of and fundamental freedoms of persons with disability? persons with disability • What development, monitoring and evaluation processes are in place to taken into account in all ensure that all policies and programmes promote and protect the human policies and programmes? rights and fundamental freedoms of persons with disability? Do all public authorities • Are there any public authorities and institutions that fail to recognise, and institutions promote promote, or protect the human rights of persons with disability? and protect the human • Are there any particular human rights or freedoms of persons with rights and fundamental disability that are not fully recognised, promoted or protected by public freedoms of persons with authorities and institutions? disability? Does any person, • What measures are in place to eliminate discrimination on the ground of organisation or private disability by individuals, organisations and private enterprises? enterprise discriminate on • How effective are these measures? the ground of disability? • Do these measures apply to all areas of life?

Is research and • How is research and development of universally designed goods, services, development of universally equipment and facilities undertaken and promoted? designed goods, services, • What is the extent of such research and development? Is this adequate? equipment and facilities undertaken and promoted? Is the availability and use • How is the availability and use of universally designed goods, services, of universally designed equipment and facilities promoted? goods, services, equipment • What is the extent of such promotion? Is this adequate? and facilities promoted?

Is universal design • Do product standards and guidelines incorporate the principles of promoted in the universal design? development of product • What measures are in place to promote the incorporation of universal standards and guidelines? design into product standards and guidelines? • What is the extent of these measures? Is this adequate?

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Article 4. Key issues

Issue Points to consider Is research and • How is research and development of new technologies, mobility aids, development of new devices, and assistive technologies for persons with disability undertaken technologies, mobility aids, and promoted? devices, and assistive • What is the extent of such research and development? Is this adequate? technologies for persons with disability undertaken and promoted? Is priority given to research • How affordable to persons with disability are new technologies, mobility and development of aids, devices, and assistive technologies? affordable new • What measures are in place to ensure affordability? technologies, mobility aids, devices, and assistive technologies for persons with disability?

Do persons with disability • How is the availability of assistive devices and technologies, other forms have access to accessible of assistance, support services and facilities promoted to persons with information about assistive disability? devices and technologies, • Is information about the availability and use of these products and and other forms of services available in a range of formats accessible to persons with assistance, support services disability? and facilities? Are professionals and staff • Are professionals and staff provided with training about the human rights who work with persons and fundamental freedoms of persons with disability? with disability trained to • What is the scope of this training? recognise and facilitate the • How effective is this training? realisation of the human rights and fundamental freedoms of persons with disability?

To what extent have the • Have all economic, social and cultural rights of persons with disability economic, social and been fully realised in Australia? cultural rights of persons • If not, is Australia progressing towards the realisation of these rights to with disability been the maximum extent of its available resources? realised in Australia? • Do persons with disability enjoy at least the minimum acceptable level of realisation of economic, social and cultural rights? • Are there any instances in which the state of realisation of economic, social and cultural rights of persons with disability has regressed? Is the realisation of • Are there any economic, social and cultural rights whose realisation economic, social and requires cooperation with other countries (e.g. in the areas of copyright, cultural rights of persons or development of product standards)? with disability pursued • If so, is such cooperation pursued? through international • What is the extent of international cooperation? Is it adequate? cooperation, where necessary?

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Article 4. Key issues

Issue Points to consider Do persons with disability • Do persons with disability enjoy all aspects of their civil and political enjoy their civil and rights? political rights to the • Are there any instances where enjoyment of these rights is denied or fullest extent? diminished?

Are representative • Are representative organisations of persons with disability closely organisations for adults consulted and involved in the development of laws, polices and and children closely programmes to implement the CRPD? consulted and involved in • Are representative organisations of persons with disability closely the development of laws, consulted and involved in all other decision-making processes concerning policies, programmes and issues relating to persons with disability? decision-making processes? • What recognition and practical support is provided to representative organisations of persons with disability to enable them to participate in policy and programme development and decision-making processes? Does Australia currently • What, if any, measures are already in place in Australia that are more have measures in place favourable than the requirements of the CRPD? that are more favourable • Will these measures be preserved? than those required by the CRPD? Will the CRPD be • Will all of the human rights and fundamental freedoms of persons with implemented throughout disability be promoted, protected and ensured throughout the Australian Australia’s federation? federation? • What measures are in place to ensure implementation in areas of state or territory responsibility? • What measures are in place to ensure consistent implementation throughout the federation?

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ARTICLE 5: Commentary

This Article asserts the human right of persons with disability to equality before the law and to freedom from discrimination. It is also an over-arching and cross-cutting article that applies to the implementation of all other general and specific 1. States Parties recognise that all persons are obligations. There are several dimensions to legal equal before and under the law and are entitled equality. Paragraph 1 provides that persons with without discrimination to the equal protection disability are entitled to equality before the law and equal benefit of the law. (meaning the law is the same for everyone), and under the law (meaning that the law is applied in 2. States Parties shall prohibit all discrimination the same way to everyone). It also provides that on the basis of disability and guarantee to persons with disability are entitled to equal persons with disabilities equal and effective protection of the law (meaning that the law shields legal protection against discrimination on all persons with disability from harm in the same way grounds. that it shields others) and to equal benefit of the law (meaning that persons with disability may use the 3. In order to promote equality and eliminate law to pursue their interests in the same way that discrimination, State Parties shall take all others may). Paragraph 2 requires State Parties to appropriate steps to ensure that reasonable prohibit discrimination on the basis of disability accommodation is provided. and to guarantee persons with disability equal and effective legal protection against discrimination on 4. Specific measures which are necessary to all grounds (that is, on the basis of disability or any accelerate or achieve de facto equality of other status such as gender, age, race, ethnicity, persons with disabilities shall not be considered religion or sexuality). Paragraph 3 establishes a discrimination under the terms of the present general obligation on State Parties to take all Convention. appropriate steps to ensure that reasonable accommodation is provided for persons with disability in order to promote equality and eliminate discrimination. Paragraph 4 makes it clear that the prohibition on discrimination does not apply to favourable measures (even though they involve different treatment of persons with disability), which are designed to facilitate substantial equality between persons with disability and others. Examples of these positive measures include specialist programmes and services that are only available to persons with disability, or to particular groups or individuals with disability. Paragraph 4 would also permit favourable modifications to the legal rights and responsibilities of persons with disability, and to the legal process, designed to ensure substantial equality of treatment.

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Article 5. Human Rights Indicators

• The law is the same for persons with • Persons with disability are effectively disability as it is for others. protected from discrimination on the ground of disability, and on all other grounds. • The law is applied to persons with disability in the same way as it is applied to others. • All appropriate steps are taken to ensure the provision of reasonable accommodation of • The law shields persons with disability from the needs of persons with disability. harm in the same way it does for others. • Positive measures designed to promote and • Persons with disability are able to use the achieve equality for persons with disability law to protect or pursue their interests on an are excepted from the prohibition of equal basis with others. discrimination on the ground of disability.

• Discrimination on the ground of disability is prohibited.

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Article 5. Key issues

Issue Points to consider Is the law the same for • Are persons with disability (or any individuals or groups of persons with persons with disability as it disability) subject to special laws? is for others? • Are persons with disability (or any individuals or groups of persons with disability) excluded from any laws? Is the law applied to • Are there any situations in which the law is applied differently to persons persons with disability in with disability than it is for others? the same way as it is • For example, is the law enforced in the same way in relation to persons applied to others? with disability as it is for others? Does the law shield persons • Does the law, as written, effectively protect persons with disability from with disability from harm harm? in the same way it does • Are laws intended to protect persons with disability from harm effectively others? enforced? • Does the legal process effectively protect persons with disability from harm? Are persons with disability • Are persons with disability able to use the law to effectively protect or able to use the law to pursue their interests? protect or pursue their • Does the legal process allow persons with disability to effectively protect interests on an equal basis or pursue their interests? with others? • Do persons with disability have access to legal aid or other necessary support to effectively protect and pursue their interests? Does the law prohibit • Is there a legal prohibition on discrimination on the ground of disability? discrimination on the • Does it cover all areas of life? ground of disability? Are persons with disability • Is there a legal prohibition on discrimination on the ground of any status effectively protected from (for example, gender, age, race, ethnicity, religion, sexuality)? discrimination on the • Do these laws offer effective protection against discrimination? Are they ground of disability, and on effectively enforced? all other grounds? • Do any laws prohibiting discrimination on the ground of disability offer effective protection against discrimination? Are they effectively enforced? • Do laws prohibiting discrimination offer effective protection against discrimination on the ground of more than one status (e.g. gender and disability)? Are all appropriate steps • Do any laws prohibiting discrimination on the ground of disability require taken to ensure the the provision of reasonable accommodation of the needs of persons with provision of reasonable disability? accommodation of the • What other measures are in place to ensure the provision of reasonable needs of persons with accommodation of the needs of persons with disability? disability? Are positive measures , • Do laws prohibiting discrimination on the ground of disability permit which designed to promote positive discrimination in favour of persons with disability aimed at and achieve equality for promoting or achieving equality? persons with disability, • What positive measures are available to persons with disability to excepted from the promote and achieve equality with others? prohibition of discrimination on the ground of disability?

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ARTICLE 6: Commentary

This is an over-arching and cross-cutting article that imposes a general obligation on State Parties to recognise pre-existing gender 1. States Parties recognise that women and girls inequality and to take positive action to ensure with disabilities are subject to multiple that women and girls with disability enjoy all discrimination, and in this regard shall take human rights and fundamental freedoms measures to ensure the full and equal recognised by the CRPD on an equal basis with enjoyment by them of all human rights and men and boys. Paragraph 2 of the Article makes fundamental freedoms. it clear that this is to include positive measures (or positive discrimination) in favour of women 2. States Parties shall take all appropriate and girls with disability to ensure their measures to ensure the full development, development, advancement and empowerment, advancement and empowerment of women, and their ability to exercise their human rights for the purpose of guaranteeing them the and fundamental freedoms. The Article is exercise and enjoyment of the human rights reinforced by other specific applications of and fundamental freedoms set out in the human rights and fundamental freedoms to present Convention. women and girls with disability set out in a number of the specific obligations.

Article 6. Human Rights Indicators

• The pre-existing gender inequality of women and girls with disability is recognised in all aspects of CRPD implementation.

• Women and girls with disability enjoy all human rights and fundamental freedoms on the basis of equality with men and boys.

• Positive measures are in place to ensure the development, advancement and empowerment of women and girls with disability, and their ability to exercise their human rights and fundamental freedoms.

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Article 6. Key issues

Issue Points to consider Is the pre-existing gender • Is the pre-existing gender inequality of women and girls with disability inequality of women and recognised at a policy level? girls with disability • Is it recognised in programme development? recognised in all aspects of CRPD implementation?

Do women and girls with • Are there areas of gender-related inequality of outcomes for women and disability enjoy all human girls with disability? rights and fundamental freedoms on the basis of equality with men and boys? What positive measures are • Are there specific policies focused on the development, advancement and in place to ensure the empowerment of women and girls with disability? development, • Are there specific programmes or initiatives focused on the development, advancement and advancement and empowerment of women and girls with disability? empowerment of women • Is implementation of all human rights and fundamental freedoms and girls with disability, conducted in a gender sensitive and responsive manner? and their ability to exercise their human rights and freedoms?

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ARTICLE 7: Commentary

This is an over-arching and cross-cutting article that imposes an obligation on State Parties to ensure 1. States Parties shall take all necessary measures that children and young persons with disability are to ensure the full enjoyment by children with able to exercise their human rights and disabilities of all human rights and fundamental freedoms on an equal basis with other fundamental freedoms on an equal basis with children. It attempts to ensure that all of the other children. general and specific obligations set down by the CRPD are implemented in a manner that recognises 2. In all actions concerning children with the particular susceptibility of children and young disabilities, the best interests of the child shall persons with disability to human rights violations. be a primary consideration. The Article is reinforced by other specific applications of human rights and fundamental 3. States Parties shall ensure that children with freedoms to children with disability set out in a disabilities have the right to express their views number of the specific obligations. The Article freely on all matters affecting them, their views reaffirms, specifically with respect to children and being given due weight in accordance with their young persons with disability, the principle age and maturity, on an equal basis with other established in the Convention on the Rights of the children, and to be provided with disability and Child that in all actions concerning children, the age-appropriate assistance to realize that right. ‘best interests of the child’ shall be a primary consideration. The principle aims to avoid situations where decisions concerning children and young persons are made for the benefit of others, rather than for the child or young person. The Article also reaffirms the principle established in the Convention on the Rights of the Child, but specifically with respect to children and young persons with disability, that children and young persons have an evolving capacity to participate in and make decisions affecting their lives. To this end, the article requires State Parties to ensure that children and young persons with disability are able to express views freely on all matters that affect them. These views must be given due weight taking into account the age and maturity of the child or young person with disability, on an equal basis with other children and young persons. Importantly, in order for children and young persons with disability to realise their evolving capacity for autonomy, State Parties must ensure the provision of any necessary disability- or age- related assistance required by the child or young person. This may require the provision of reasonable accommodation of disability related needs, or procedural adjustments to the legal process, for example.

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Article 7. Human Rights Indicators

• Children and young persons with disability • The views of children and young persons enjoy all human rights and fundamental with disability are given appropriate weight freedoms on an equal basis with other in all decision-making processes. children. • Reasonable accommodation is provided to • In all action concerning children and young children and young persons with disability persons with disability, the ‘best interests of where required to ensure their ability to the child’ is a primary consideration. participate in decision-making processes on an equal basis with other children. • The evolving autonomy of children and young persons with disability is recognised in all • Age-related accommodations are provided decision-making processes that affect them. to children and young persons with disability on an equal basis with other • Children and young persons with disability children to ensure their ability to participate are able to express their views on all matters in decision-making processes. that affect them.

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Article 7. Key issues

Issue Points to consider Do children and young persons • Are children and young persons with disability viewed as ‘right- with disability enjoy all human bearers’ on an equivalent basis to other children and young persons? rights and fundamental freedoms • Are human rights and fundamental freedoms implemented in a on an equal basis with other manner that recognises the specific status, needs and concerns of children? children and young persons with disability? • Do children and young persons with disability experience violations of their human rights and fundamental freedoms? Is the ‘best interests of the child’ a • What principles underpin decision-making in relation to children primary consideration in all and young persons with disability? actions concerning children and • Is the principle of the ‘best interests of the child’ a primary young persons with disability? consideration? • How are the interests of the child or young person identified and prioritised among competing interests? Is the evolving autonomy of • Do laws, policies and practices recognise and respect the evolving children and young persons with autonomy and capacity of children and young persons with disability recognised in all disability? decision-making processes that • Is the evolving autonomy and capacity of children and young affect them? persons with disability encouraged and supported? • Are children and young persons with disability able to exercise their evolving capacity and autonomy on an equal basis with other children? Are children and young persons • Do laws, policies, and practices recognise and respect the right of with disability able to express their children and young persons with disability to express their views views on all matters that affect on all matters that affect them? them? • Are children and young persons with disability able to express their views on an equal basis with other children? • How is such participation encouraged and supported? Are the views of children and • Are the views of children and young persons with disability taken young persons with disability into account in decision-making processes that affect them? given appropriate weight in all • What weight is given to these views? decision making processes? • How is the weight to be given to the views of children and young persons with disability determined? • Are these processes equivalent to those for other children? Is reasonable accommodation • What accommodations or adjustments are available to children provided to children and young and young persons with disability to ensure that they are able to persons with disability where exercise their autonomy and capacity? required to ensure their ability to • Are these accommodations, and the circumstances in which they participate in decision-making are provided, adequate to ensure equality of participation in processes on an equal basis with decision-making with other children? other children? Are age-related accommodations • What age-related accommodations are provided to children and provided to children and young young persons with disability to ensure they are able to persons with disability on an equal participate in decision-making processes? basis with other children to ensure • Are these accommodations, and the circumstances in which they their ability to participate in are provided, adequate to ensure effective participation? decision-making processes?

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ARTICLE 8: Commentary

This Article requires State Parties to take immediate action to improve the status of persons with disability at all levels of society by raising 1. States Parties undertake to adopt immediate, awareness and fostering respect for their rights and effective and appropriate measures: dignity. This includes an obligation to combat stereotypes, prejudices and harmful practices (a) To raise awareness throughout society, impacting on persons with disability, including including at the family level, regarding those that are based on gender and age. It also persons with disabilities, and to foster includes the obligation to promote awareness of respect for the rights and dignity of persons the capabilities and contribution to society of with disabilities; persons with disability. The Article then sets out a range of measures that may be taken to give effect (b) To combat stereotypes, prejudices and to these obligations. They include the development harmful practices relating to persons with of public awareness campaigns designed to nurture disabilities, including those based on sex receptiveness to the rights of persons with and age, in all areas of life; disability, and to promote positive perceptions and greater social awareness of persons with disability. (c) To promote awareness of the capabilities It also includes the development of public and contributions of persons with awareness campaigns aimed at promoting disabilities. recognition of the skills and abilities of persons with disability particularly targeted to the workplace 2. Measures to this end include: and labour market. The Article also suggests specific action at all levels of the education system (a) Initiating and maintaining effective public to foster respect for the rights of persons with awareness campaigns designed: disability and in relation to the media, to ensure the (i) To nurture receptiveness to the rights of portrayal of persons with disability in a manner persons with disabilities; consistent with human rights and fundamental (ii) To promote positive perceptions and freedoms. greater social awareness towards persons with disabilities; (iii) To promote recognition of the skills, merits and abilities of persons with disabilities, and of their contributions to the workplace and the labour market;

(b) Fostering at all levels of the education system, including in all children from an early age, an attitude of respect for the rights of persons with disabilities;

(c) Encouraging all organs of the media to portray persons with disabilities in a manner consistent with the purpose of the present Convention;

(d) Promoting awareness-training programmes regarding persons with disabilities and the rights of persons with disabilities.

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Article 8. Human Rights Indicators

• The human rights and dignity of persons • Stereotypes, prejudices and harmful with disability are recognised and respected practices relating to persons with disability at all levels of society and in all areas of life. are effectively combated at all levels of society and in all areas of life. • The community is receptive to the human rights of persons with disability. • The capability and contribution of persons with disability is effectively promoted at all • The community has positive perceptions of levels of society and in all areas of life. persons with disability. • The media portrays persons with disability in a manner that is consistent with their human rights and dignity.

Article 8. Key issues

Issue Points to consider Are the human rights and • What is the status of persons with disability within society? dignity of persons with • Are the human rights and fundamental freedoms of persons with disability recognised and disability recognised and respected? respected at all levels of • Are persons with disability treated with dignity? society and in all areas • Is respect for the rights of persons with disability fostered at all levels of of life? the education system? How receptive is the • Does the community respond positively when persons with disability community to the human assert their rights? rights of persons with • Does the community willingly accord persons with disability disability? their rights? Does the community have • How are persons with disability perceived by the community? positive perceptions of • Are persons with disability perceived according to any negative persons with disability? stereotypes? If so, what are these stereotypes? Are stereotypes, prejudices • What measures are taken to combat stereotypes, prejudices and and harmful practices harmful practices relating to persons with disability? relating to persons with • What is the scope of these measures? How effective are they? disability effectively combated at all levels of society and in all areas of life? Is the capability and • What measures are taken to promote the capacity and contribution of contribution of persons with persons with disability? disability effectively • What is the scope of these measures? How effective are they? promoted at all levels of • Do these measures highlight the potential contribution of persons with society and in all areas of life? disability to the workforce and labour market? Does the media portray • How are persons with disability portrayed in the media? persons with disability in a • What guidelines exist, if any, in relation to the portrayal of persons with manner consistent with their disability in the media? human rights and dignity? • How appropriate are these guidelines, if any? Are these guidelines enforced?

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ARTICLE 9: (h) Promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible 1. To enable persons with disabilities to live at minimum cost. independently and participate fully in all aspects of life, State Parties shall take appropriate measures to ensure to persons with disabilities Commentary access, on an equal basis with others, to the physical environment, to transportation, to This Article imposes a general obligation on State information and communications, including Parties to enable persons with disability to live information and communications technologies independently and participate fully in all aspects of and systems, and to other facilities and services life by ensuring their access to the environment. open or provided to the public, both in urban and This requires State Parties to identify and eliminate rural areas. These measures, which shall include obstacles and barriers to accessibility. Access to the identification and elimination of obstacles public and domestic buildings, transport and and barriers to accessibility, shall apply to, inter transport infrastructure, information and alia: communication technologies and systems, and (a) Buildings, roads, transportation and other public services and facilities are particularly indoor and outdoor facilities, including highlighted. Also particularly highlighted is the schools, housing, medical facilities and requirement for medical facilities, electronic workplaces; services (for example, EFTPOS), and emergency (b) Information, communications and other services to be accessible to persons with disability. services, including electronic services and Additionally, the article requires appropriate emergency services. measures to be taken to ensure that signage in public buildings is available in Braille and easy to 2. States Parties shall also take appropriate read formats, and that live assistance and measures to: intermediaries are available, where required, to (a) Develop, promulgate and monitor the facilitate access by persons with disability to implementation of minimum standards and buildings and other facilities open to the public. guidelines for the accessibility of facilities and The Article places major emphasis on the services open or provided to the public; promotion of access for persons with disability to (b) Ensure that private entities that offer facilities new information and communications technologies and services which are open or provided to and systems, including the Internet. In this respect, the public take into account all aspects of it requires State Parties to promote the accessibility for persons with disabilities; incorporation of accessibility measures into the (c) Provide training for stakeholders on design, development, production and distribution of accessibility issues facing persons with accessible information and communication disabilities; technologies and systems. Building accessibility (d) Provide in buildings and other facilities open features into the design and development stage has to the public signage in Braille and in easy to the important benefit that later activation of these read and understand forms; features can be achieved at no, or minimal, (e) Provide forms of live assistance and additional cost. Importantly, the Article requires intermediaries, including guides, readers and equivalent levels of accessibility to be available in professional sign language interpreters to both urban and rural areas. It is also important to facilitate accessibility to buildings and other note that the obligations imposed by the Article facilities open to the public; apply to public services and facilities provided by (f) Promote other appropriate forms of government and the private sector. The Article assistance and support to persons with makes it clear that accessibility is to be achieved disabilities to ensure their access to through a variety of implementation measures. information; These include the development and monitoring of (g) Promote access for persons with disabilities to minimum standards and guidelines for accessibility, new information and communications and the provision of training for stakeholders in technologies and systems, including the accessibility issues. Internet;

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Article 9. Human Rights Indicators

•Persons with disability are able to access all •Signage in public buildings is available in aspects of the environment on an equal basis Braille, and in easy to read and comprehend with others, including: formats. •Public and private buildings and facilities, including schools, housing, medical •Live assistance and intermediaries (such as facilities and workplaces; guides, readers and sign language •Information and communications, interpreters) are available to facilitate including information and communication accessibility to public buildings and facilities. technologies and systems; •Any other necessary assistance is available to •Transport and transport infrastructure. persons with disability to ensure their access to information. •Barriers and obstacles to accessibility of public facilities and services are identified in •Persons with disability have access to new eliminated. information and communications technologies and systems, including the •Standards and guidelines are in place and are Internet. enforced to ensure the accessibility of public services and facilities. •Information and communication technologies and systems are from the outset •Standards and guidelines for accessibility designed, developed, produced, and apply to both government and private entities distributed so as to incorporate accessibility providing public services and facilities. features. •Training on accessibility issues for persons •Information and communication with disability is provided to all relevant technologies and systems may be made stakeholders (for example, architects, accessible to persons with disability at planners, and engineers). minimum cost.

Article 9. Key issues

Issue Points to consider Are persons with • Are public and private buildings and facilities, including schools, housing, disability able to access medical facilities and workplaces accessible to persons with disability? all aspects of the • Are information and communications, including information and com- environment on an munication technologies and systems accessible to persons with disability? equal basis with others? • Is public transport and public transport infrastructure accessible to persons with disability? • Are all other aspects of the environment accessible to persons with disability? Are barriers and • What processes are in place to identify barriers and obstacles to accessibility obstacles to accessibility in public facilities and services? of public facilities and • What measures are in place to ensure that these barriers and obstacles are services identified and eliminated? eliminated? Are there appropriate • Are there appropriate standards and guidelines to ensure the accessibility of standards and guidelines public services and facilities? for the accessibility of • Are these standards and guidelines mandatory or advisory? public services and • Are any mandatory standards and guidelines enforced? facilities? • How are any advisory standards and guidelines promoted?

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Article 9. Key issues Issue Points to consider Do any standards and • What entities are covered by any accessibility standards and guidelines for accessibility guidelines? apply to both government and • Are promotion and enforcement measures undertaken in relation to private entities providing accessibility standards equally effective for public and private public services and facilities? entities? Is training on accessibility • What training is available in relation to accessibility issues? issues provided to all relevant • How is this training, if any, mandated, and who provides it? stakeholders? • What is the quality of any training provided? • To whom is training in relation to accessibility issues for persons with disability provided? Does it involve all relevant professionals including, architects, planners, engineers, product designers)? Does it include persons with disability? Is signage in public buildings • Is signage available in Braille? available in formats accessible • Is signage available in language and graphics that are easy to read to persons with disability? and comprehend? • Is the degree of colour contrast adequate? • Is the level of accessible signage equivalent to signage for others? Are live assistance and • Are guides available to persons with disability, where required, to intermediaries available to assist them to access public buildings and facilities? persons with disability in order • Are readers available to persons with disability, where required, to to facilitate their access to assist them to access public buildings and facilities? public buildings and facilities? • Are sign language interpreters available to persons with disability, where required, to assist them to access public buildings and facilities? Is any other necessary • What other assistance is available to persons with disability to ensure assistance available to persons their effective access to information? with disability to ensure their access to information? Are new information and • Are there standards and guidelines for accessibility that apply to the communications technologies development of new information and communications technologies? and systems accessible to • Are any such standards and guidelines effectively enforced? persons with disability? • What measures are in place to ensure that the Internet, specifically, is accessible to persons with disability? Do information and • What measures are in place to ensure that accessibility features are communication technologies incorporated at the design and development stage for new incorporate accessibility information and communication technologies? features at all stages of • What measures are in place to ensure that accessibility features are development? incorporated into the production and distribution stage for new information and communication technologies? • How effective are any such measures? What is the cost of making • What is the cost of making information and communication information and technologies accessible to persons with disability? communication technologies • Who bears this cost? accessible to persons with • Is this cost minimised by the incorporation of accessibility features to disability? the maximum extent possible in the design, development, production and distribution stages for these technologies?

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ARTICLE 10: There is a continuing debate about whether the right to life vests at birth or following conception, but most commentators take the view that the right only vests at birth. The right to life in the CRPD therefore probably does not apply to the pre-birth termination of pregnancy on the basis of impairment, although States Parties reaffirm that every human being has the position will remain arguable. The International the inherent right to life and shall take all Covenant on Civil and Political Rights focuses on necessary measures to ensure its effective protection from arbitrary deprivation of life. This enjoyment by persons with disabilities on an equal would clearly encompass threats to life from basis with others. discrimination on the ground of disability; for example, the withholding or withdrawal of health Commentary care on the basis of impairment and disability. The right to life in the CRPD must be understood in this light. As in other areas of the Convention, the This Article reaffirms the right to life for persons with requirement that persons with disability are able to disability; that is, it restates the pre-existing right to enjoy the right to life on an equal basis with others life of all persons. To understand the full extent of the must be understood as requiring reasonable right we therefore need to go back to its original accommodation of impairment and disability related statement in the Universal Declaration of Human Rights needs, not merely equal treatment with others. and the International Covenant on Civil and Political Rights, as well as understand its development in the Convention on the Rights of the Child and through treaty body commentary. The right to life is a civil 53 The Human Rights Committee is the treaty body for the and political right that was originally formulated as a International Covenant on Civil and Political Rights. restraint on arbitrary interference with life. However, this understanding has evolved over time. The Human Rights Committee53 has said that the expression inherent right to life cannot be properly Article 10. understood in a restrictive manner, and requires State Parties to adopt positive measures (that is, take action Human Rights to protect and enable life, not just refrain from interfering with life). The Human Rights Committee Indicators has also highlighted a number of specific threats to life, which State Parties must take steps to overcome, •Persons with disability enjoy the right to including potential arbitrary threats from security life and survival on an equal basis with forces and forced disappearance. The Convention on others. the Rights of the Child extends the right to life to incorporate a right of survival and development in •All necessary measures are taken to relation to children. ensure that persons with disability enjoy the right to life and survival on an equal The CRPD requires State Parties to take all necessary basis with others. measures to ensure that persons with disability enjoy the right to life on an equal basis with others. This •Persons with disability are not arbitrary formulation clearly encapsulates the Human Rights deprived of life, including as a result of Committee’s view that the right to life requires State discrimination on the ground of Parties to take positive action to protect and enable disability. life. This will include the provision of those health care and social services that are essential to the survival of •The right to life is protected by law (and persons with disability. In other words, realisation of these laws are effective in relation to the right to life and survival for persons with disability persons with disability). requires action towards the attainment of key economic, social and cultural rights.

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Article 10. Key issues Issue Points to consider Do persons with • What is the life expectancy of persons with disability in general compared with disability enjoy the the rest of the population? right to life and • What is the life expectancy of persons with disability who experience multiple survival on an equal and aggravated disadvantage because of their gender, age, racial, ethnic and basis with others? religious background, indigenous background, sexuality or other status? • Do persons with disability experience any specific threats to life and survival? • Are there any specific failures to respect and protect the lives of persons with disability compared to others? What steps are taken • Do persons with disability have adequate access to health and social services, to ensure that persons and other social supports necessary for survival? with disability enjoy • Are specific threats to life and survival of persons with disability adequately the right to life and recognised and addressed in public policy? survival on an equal basis with others? Are persons with • Are laws recognising and protecting the right to life and survival of all persons disability subject to applied differently in the case of persons with disability? arbitrary deprivation • Is there any evidence of discrimination in the provision of health care and of life? social supports necessary for the survival of persons with disability? • What are the attitudes and practices of health and social service professionals in relation to the right to life and survival of persons with disability? • Is there anything in the way that security services, such as police, interact with persons with disability that constitutes a threat to life and survival? • Is there anything about the way that the Australian immigration system operates that constitutes a threat to life from forced disappearance? Does the law • Is the right to life of all persons effectively protected by law? recognise and protect • Are there laws that recognise and address the specific threats to the life and the right to life and survival of persons with disability? survival of persons • Are these laws effectively enforced? with disability?

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ARTICLE 11: Commentary

This Article is an important new development, or application, of the right of life and survival to situations of risk and humanitarian emergencies impacting on persons with disability. The CRPD was developed during the period 2001–2006 against a backdrop of extraordinary events in the international community. These included the States Parties shall take, in accordance with their terrorist attacks in New York, Madrid, and London, obligations under international law, including the South-East Asian Tsunami, earthquakes in Asia international humanitarian law and international and the Middle East, as well as the wars in human rights law, all necessary measures to ensure Afghanistan, Iraq, Israel, Palestine and Lebanon. the protection and safety of persons with The development of the CRPD provided the disabilities in situations of risk, including situations opportunity to highlight the disproportionate of armed conflict, humanitarian emergencies and impact of disaster and conflict on persons with the occurrence of natural disasters. disability. The Article has both a domestic and an extraterritorial dimension. It requires State Parties to ensure that domestic responses to emergency, for example, standards for built environment, and domestic disaster planning, provide for the Article 11. protection and safety of persons with disability in situations of emergency. It also requires State Human rights Parties to ensure that their obligations under international humanitarian law are fulfilled in a manner that ensures the protection and safety of indicators persons with disability. This will require both the elimination of discrimination on the ground of •All necessary measures are taken to disability, and specific measures to respond to the ensure the protection and safety of needs of persons with disability, in humanitarian persons with disability in situations of assistance provided internationally. risk.

Article 11. Key issues Issue Points to consider What measures are taken to • Do Australian building standards provide for the safety and ensure the safety and protection of persons with disability in situations of emergency? protection of persons with • Does emergency response planning provide for the safety and disability in situations of protection of persons with disability in situations of emergency? domestic emergency? • Are persons with disability consulted and informed about measures to secure their safety and protection in situations of emergency? Does Australian international • Are persons with disability recognised as a specific population group humanitarian assistance in humanitarian assistance policy and programming? ensure the safety and • Is there discrimination on the ground of disability in Australian protection of persons with humanitarian assistance policy and programmes? disability in situations of risk?

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ARTICLE 12: Commentary

This Article reaffirms the right of all persons with disability to equal recognition before the law, but applies it to the specific circumstances they face. There are two dimensions to the right, legal personality (that is, a person on whom the legal 1. States Parties reaffirm that persons with system confers rights and imposes duties) and disabilities have the right to recognition capacity to act (that is, the ability to exercise these everywhere as persons before the law. rights and perform these duties). Paragraph 1 of the Article makes it clear that all persons, including all 2. States Parties shall recognize that persons with persons with disability, should be recognised in all disabilities enjoy legal capacity on an equal situations as persons with rights and duties under basis with others in all aspects of life. the law. Paragraphs 2 and 3 of the Article are concerned with the issue of capacity to act. They 3. States Parties shall take appropriate measures require State Parties to ensure that persons with to provide access by persons with disabilities to disability receive the support they need to exercise the support they may require in exercising their their legal capacity on an equal basis with others in legal capacity. all aspects of their lives. The term equal basis with others includes recognition of age-related 4. States Parties shall ensure that all measures differences in capacity to act in relation to children that relate to the exercise of legal capacity and young persons. The emphasis in these provide for appropriate and effective safeguards paragraphs is on supported decision-making to prevent abuse in accordance with (assisting the person to make a decision international human rights law. Such personally), rather than substitute-decision making safeguards shall ensure that measures relating (someone else making a decision for the person), to legal capacity respect the rights, will and although the Article permits the continued preferences of the person, are free of conflict of operation of guardianship-type arrangements. interest and undue influence, are proportional Paragraph 4 sets out minimum safeguards against and tailored to the person’s circumstances, abuse that State Parties are required to institute in apply for the shortest time possible and are relation to supported decision-making (including subject to regular review by a competent, substitute decision-making) of any kind. These independent and impartial authority or judicial safeguards include an obligation that the support body. The safeguards shall be proportional to provider respect the rights, will and preferences of the degree to which such measures affect the the person being supported, and that the type of person’s rights and interests. support is proportionate to the person’s needs (that is, it is the least restrictive necessary). Support must 5. Subject to the provisions of this article, States also be individualised, and free from conflict of Parties shall take all appropriate and effective interest and undue influence. Support arrangements measures to ensure the equal right of persons must also be subject to regular review by an with disabilities to own or inherit property, to independent and impartial authority. Paragraph 5 control their own financial affairs and to have of the Article focuses on the right of persons with equal access to bank loans, mortgages and disability to own and inherit property, and to have other forms of financial credit, and shall ensure equal access to financial credit. It provides that that persons with disabilities are not arbitrarily persons with disability cannot be deprived of their deprived of their property. property without a proper lawful reason. Paragraph 5 is expressed as subject to other provisions of the Article, which means that persons with disability are entitled to receive support to manage their financial affairs, and any such support must be subject to safeguards against abuse.

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Article 12. Human Rights Indicators

• All persons with disability are recognised at • Persons with disability are able to own and all times and in all situations as persons inherit property. with legal rights and duties. • Persons with disability have access to credit • Persons with disability are able to exercise on an equal basis with others. legal capacity on an equal basis with others. • Persons with disability are not deprived of • Persons with disability receive any support their property without proper lawful reason. they may require to exercise their legal capacity. Any such support: • Persons with disability are able to control •Respects the rights, will and preferences their own financial affairs on an equal basis of the person; with others. •Is free from conflict of interest and undue influence; • Persons with disability receive any support •Is proportionate to the person’s need for they may require to manage their financial such support (that is, is the least affairs. Any such support: restrictive necessary); • Respects the rights, will and preferences •Is individualised; of the person; •Is provided only for the period necessary; •Is free from conflict of interest and undue •Is subject to regular review by an influence; independent and impartial authority. •Is proportionate to the person’s need for such support (that is, it is the least restrictive necessary); •Is individualised; •Is provided only for the period necessary; •Is subject to regular review by an independent and impartial authority.

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Article 12. Key issues Issue Points to consider Are all persons with disability • Are all persons with disability recognised as a matter of law as recognised at all times and in persons with legal rights and responsibilities? all situations as persons with • Are all persons with disability recognised as a matter of practice as legal rights and duties? persons with legal rights and responsibilities? • Does the law or practice modify the legal rights and duties of any persons with disability? If so, how does this affect the enjoyment of this human right? Are persons with disability able • Are all persons with disability presumed to have legal capacity on an to exercise legal capacity on an equal basis with others? equal basis with others? • Are children and young persons with disability presumed to have legal capacity equivalent to that accorded to other children and young persons? • Do all persons with disability receive any support they may require in order to exercise their legal capacity on an equal basis with others? • Do persons with disability, as far as possible, receive support to make their own decisions, rather than have someone else make these decisions on their behalf? Are there effective safeguards • Do supported decision-making arrangements respect the rights of against abuse of supported persons with disability? (including substitute) decision- • Do supported decision-making arrangements respect will and making arrangements? preferences of persons with disability? • Are supported decision-making arrangements free from conflict of interest? • Are supported decision-making arrangements free from undue influence? • Are supported decision-making arrangements proportionate to the person’s need for assistance and the least restrictive necessary? • Are supported decision-making arrangements tailored to the circumstances and needs of the specific individual to whom they relate? • Are supported decision-making arrangements time-limited only to the period they are required? • Are supported decision-making arrangements subject to regular review by an independent and impartial authority? Are persons with disability able • Does the law allow persons with disability to acquire, hold and to own and inherit property? dispose of property on an equal basis with others? • Are there any situations in which persons with disability are deprived of their property without proper lawful reason? • Does the law allow persons with disability to inherit property on an equal basis with others? • Does the law and practice protect the inheritance rights of persons with disability? Do persons with disability have • Do any of the terms and conditions upon which credit is provided access to credit on an equal constitute discrimination on the ground of disability? basis with others? • Are supported decision-making arrangements subject to regular review by an independent and impartial authority?

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Article 12. Key issues Issue Points to consider Are persons with disability able • Are all persons with disability presumed to have capacity to control control their own financial their financial affairs on an equal basis with others? affairs on an equal basis with • Are children and young persons with disability presumed to have others? capacity to control their financial affairs equivalent to that accorded to other children and young persons? • Do all persons with disability receive any support they may require in order to exercise their capacity to control their financial affairs on an equal basis with others? • Do persons with disability, as far as possible, receive support to control their financial affairs, rather than have someone else make these decisions on their behalf? Are there effective safeguards • Do supported financial management arrangements respect the rights against abuse of supported of persons with disability? (including substitute) financial • Do supported financial management arrangements respect will and management arrangements? preferences of persons with disability? • Are supported financial management arrangements free from conflict of interest? • Are supported financial management arrangements free from undue influence? • Are supported financial management arrangements proportionate to the person’s need for assistance and the least restrictive necessary? • Are supported financial management arrangements tailored to the circumstances and needs of the specific individual to whom they relate? • Are supported financial management arrangements time-limited only to the period they are required? • Are supported financial management arrangements subject to regular review by an independent and impartial authority?

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ARTICLE 13: Commentary

This Article is an important new development, or application, of the right of equality before the law 1. States Parties shall ensure effective access to to persons with disability. The Article requires State justice for persons with disabilities on an equal Parties to ensure effective access to justice for basis with others, including through the persons with disability. This is a new positive provision of procedural and age-appropriate dimension to the obligation that will require State accommodations, in order to facilitate their Parties to undertake measures that will ensure effective role as direct and indirect participants, substantial equality of treatment, rather than mere including as witnesses, in all legal proceedings, formal equality of treatment, of persons with including at investigative and other preliminary disability in the justice system. In this respect, it stages. highlights the need for procedural accommodations to the legal process to facilitate the effective 2. In order to help to ensure effective access to participation of all persons with disability in the justice for persons with disabilities, States justice system in whatever role they encounter it, Parties shall promote appropriate training for for example, whether as litigants, defendants, those working in the field of administration of victims or other witnesses, or as officers of the justice, including police and prison staff. justice system, such as jurors, lawyers, administrators and adjudicators. The Article also requires State Parties to ensure that specific age- appropriate accommodation are made to the legal process that will ensure effective access to justice Article 13. for children and young persons with disability. Paragraph 2 requires State Parties to ensure Human Rights effective access to justice for persons with disability by promoting appropriate disability related Indicators training of justice agency personnel.

• Persons with disability enjoy effective access to justice at all stages of the legal process.

• Procedural accommodations are made in the legal process to ensure effective participation of persons with disability in the justice system in whatever role they encounter it.

• Age-related accommodations are made to the legal process to ensure effective participation of children and young persons with disability.

• Appropriate training is provided to all justice agency personnel to ensure access to justice for persons with disability.

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Article 13. Key issues Issue Points to consider Do persons with disability • Does the legal system provide effective protection of the rights of enjoy effective access to justice persons with disability, whether as victims, suspects, defendants, or at all stages of the legal convicted offenders? process? • Is the justice system accessible to persons with disability irrespective of the role in which they participate in it (including as justice system officers and administrative personnel)? Are procedural • Are investigation methods and interview techniques appropriately accommodations made to the adapted to the needs of persons with disability? legal process to ensure effective • Are the laws of evidence sufficiently flexible and adapted to the participation of persons with needs of persons with disability? disability in the legal system? • Are justice agency premises (for example, police stations, courts and tribunals) physically accessible to persons with disability (for example, in relation to access for persons who use mobility devices, way-finding for persons who are blind or have cognitive impairment, hearing augmentation for persons who are hearing impaired)? • Do the administrative processes associated with the justice system (for example, court forms, out-of court communication) accommodate the needs of persons with disability? • Does the in-court legal process accommodate the needs of persons with disability? • Are appropriate accommodations available to persons with disability in the justice system irrespective of the role in which they participate in it (including as justice system officers and administrative personnel)?

Are age-related • Are investigation methods and techniques appropriately adapted to accommodations to the legal the needs of children and young persons with disability? process made to ensure the • Are the laws of evidence sufficiently flexible and adapted to the effective participation of needs of children and young persons with disability? children and young persons • Does the in-court legal process accommodate the needs of children with disability? and young persons with disability?

Is appropriate training provided • Do justice agency personnel, such as police, court administrators, to all justice agency personnel prison officers, legal practitioners, magistrates and judges receive to ensure access to justice for appropriate training in human rights and access to justice for persons persons with disability? with disability? • Do justice agency personnel receive appropriate training in the identification of persons with disability involved in the legal process? • Do justice agency personnel receive appropriate training about adjustments required by persons with disability to the legal process? • Do justice agency personnel receive appropriate training in communication skills for work with persons with disability? • Do police receive appropriate training in investigation methods and interview techniques appropriate for work with persons with disability? • Do police receive appropriate training in investigation methods and interview techniques appropriate for work with children and young persons with disability?

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ARTICLE 14: The Article also requires State Parties to ensure that persons with disability who are deprived of their liberty are guaranteed their remaining human rights, including those provided under the CRPD. This includes an obligation on State Parties to ensure that reasonable accommodations are made to ensure persons with disability are able to enjoy their other human rights in fact (rather than just in 1. States Parties shall ensure that persons with form). This might include, for example, ensuring disabilities, on an equal basis with others: that a person who is deaf, and who is incarcerated (a) Enjoy the right to liberty and security of in a criminal justice facility, has regular access to an person; Auslan interpreter so that he or she can (b) Are not deprived of their liberty unlawfully communicate with prison authorities and other or arbitrarily, and that any deprivation of prisoners. The Article applies to all processes and liberty is in conformity with the law, and circumstances in which persons with disability are that the existence of a disability shall in no deprived of their liberty, not only to denial of case justify a deprivation of liberty. liberty under the criminal law and in criminal justice facilities. For example, it applies equally to 2. States Parties shall ensure that if persons with involuntary detention in a mental health facility disabilities are deprived of their liberty through and to immigration detention. 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 Article 14. and principles of this Convention, including by provision of reasonable accommodation. Human Rights Indicators Commentary • Persons with disability enjoy personal This Article affirms that persons with disability are freedom on an equal basis with others. to enjoy the right to liberty (personal freedom) and security (non-interference with the person) on an • Persons with disability are free from equal basis with others. It provides that persons interference with their person on an with disability cannot be deprived of their liberty equal basis with others. unlawfully or without proper reason, and that the mere existence of a disability (without anything • Persons with disability are not deprived else) can never justify deprivation of liberty. This of liberty without lawful and proper means that a person with disability may only be denied liberty for a reason other than their reason. impairment or disability: for example, a person cannot be involuntarily institutionalised just • The existence of impairment or disability because they have intellectual or psychosocial (of itself) is never a reason for impairment. However, at least under Australian deprivation of liberty. law, this formulation has some potential to be circular, as it will sometimes be a characteristic of • Persons with disability deprived of their disability (for example, challenging behaviour or liberty enjoy fully their remaining psychosis arising from underlying impairment that human rights. presents a risk of harm to the person or to others) that may provide the basis for the denial of liberty. • Reasonable accommodation is provided In drafting this article the Ad Hoc Committee drew a to persons with disability deprived of distinction between impairment and disability, and their liberty to ensure their full the characteristics or consequences of that impairment, that may not be drawn under enjoyment of their remaining human Australian law. rights.

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Article 14. Key issues Issue Points to consider Do persons with disability • Are any persons with disability subject to restrictions on their enjoy personal freedom on an personal liberty that are not experienced by others? equal basis with others?

Are persons with disability • Is the personal safety of persons with disability effectively protected effectively protected from by law and in practice? interference with their person • Is the right of persons with disability to non-interference with their on an equal basis with others? person effectively protected by law and in practice?

Are persons with disability ever • In what situations are persons with disability potentially deprived of deprived of their liberty their liberty? without lawful and proper • Is there a lawful and proper reason for any deprivation of liberty? reason? Is the existence of impairment • Are there any situations in which persons with disability are deprived or disability (of itself) ever a of their liberty merely because they have particular disability or reason for deprivation of impairment? liberty? Do persons with disability who • What are the conditions and circumstances under which persons with are deprived of their liberty disability are deprived of their liberty? enjoy fully their remaining • Do these conditions ensure the recognition and respect of all their human rights? human rights other than the right to liberty? Are persons with disability who • What are the disability related needs of persons deprived of their are deprived of their liberty liberty? provided with reasonable • Is reasonable accommodation of these needs provided? accommodation of their disability-related needs to ensure their enjoyment of their remaining human rights?

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ARTICLE 15: Commentary

This Article prohibits torture and cruel, inhuman or degrading treatment or punishment. It also prohibits medical and scientific experimentation without consent. The first paragraph of the Article is a simple restatement of the prohibition provided in Article 7 of the International Covenant on Civil and Political Rights. However, the second paragraph imposes an obligation on State Parties to take all effective measures to prevent persons with disability from being subjected to torture or cruel, inhuman or 1. No one shall be subjected to torture or to cruel, degrading treatment or punishment. Arguably, this inhuman or degrading treatment or second paragraph transforms the Article from one punishment. In particular, no one shall be of non-interference to a positive duty to protect subjected without his or her free consent to persons with disability from torture, or cruel, medical or scientific experimentation. inhuman or degrading treatment or punishment. In its general commentary on Article 7 of the 2. State Parties shall take all effective legislative, International Covenant on Civil and Political Rights, administrative, judicial or other measures to the Human Rights Committee notes that the prevent persons with disabilities, on an equal prohibition on torture and cruel, inhuman and basis with others, from being subjected to degrading treatment or punishment relates not torture or cruel, inhuman or degrading only to acts that cause physical pain but also to treatment or punishment. acts that cause mental suffering. The Committee also notes that torture, or cruel, inhuman and degrading treatment and punishment may include Article 15. corporal punishment, excessive chastisement, and prolonged solitary confinement. Importantly, the Committee has also observed that persons unable Human Rights to consent to treatment require special protection Indicators from medical and scientific experimentation.

• Persons with disability are effectively protected from torture, and from cruel, inhuman, and degrading treatment or punishment.

• Persons with disability are not subject to medical or scientific experimentation without their consent.

• Persons with disability who do not have the capacity to consent are subject to special protection from medical and scientific experimentation.

• All effective measures are taken to protect persons with disability from torture, and from cruel, inhuman and degrading treatment or punishment.

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Article 15. Key issues Issue Points to consider Are persons with disability • Are any persons with disability subject to treatment that amounts to effectively protected from torture? torture, and from cruel, • Are any persons with disability subject to cruel, inhuman or inhuman and degrading degrading treatment? treatment or punishment? • Are any persons with disability subject to cruel, inhuman or degrading punishment? • What measures are taken to protect persons with disability from torture, or from cruel, inhuman or degrading treatment or punishment? Are persons with disability • Are any persons with disability subject to medical experimentation? subject to medical and • Are any persons with disability subject to scientific experimentation? scientific experimentation • What are the requirements for consent associated with any without their consent? treatment of this kind? • Are persons with disability who are unable to consent effectively protected from medical and scientific experimentation?

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ARTICLE 16: Commentary

This Article requires State Parties to take all appropriate measures to protect persons with disability from all forms of exploitation, violence and abuse. This includes the enactment of laws, the establishment or enhancement of protection services, the development of policies and programmes, and the pursuit of education 1. States Parties shall take all appropriate strategies to protect persons with disability from legislative, administrative, social, educational exploitation, violence and abuse, and to ensure the and other measures to protect persons with identification, investigation and prosecution of disabilities, both within and outside the home, these harms when they occur. The Article from all forms of exploitation, violence and encompasses harms committed in both the private abuse, including their gender-based aspects. and public spheres (in and outside the home). It focuses specific attention on those harms that have 2. States Parties shall also take all appropriate a gender and age-related dimension, and requires measures to prevent all forms of exploitation, State Parties to ensure that all laws, policies, violence and abuse by ensuring, inter alia, programmes and services relating to the detection, appropriate forms of gender- and age-sensitive investigation and prosecution of these harms are assistance and support for persons with age-, gender- and disability- sensitive. The Article disabilities and their families and caregivers, emphasises the State Party obligation to educate including through the provision of information and education on how to avoid, recognize and persons with disability, their families and carers report instances of exploitation, violence and about the avoidance, recognition and reporting of abuse. States Parties shall ensure that protection instances of violence, exploitation and abuse. services are age-, gender- and disability- Paragraph 3 of the Article focuses specific attention sensitive. on the vulnerability of persons with disability to harm in specialist services, for example, 3. In order to prevent the occurrence of all forms of institutional accommodation services. It requires exploitation, violence and abuse, States Parties State Parties to ensure effective, independent shall ensure that all facilities and programmes monitoring of all specialist facilities and designed to serve persons with disabilities are programmes for persons with disability as a effectively monitored by independent safeguard against exploitation, violence and abuse. authorities. Paragraph 4 requires State Parties to ensure that appropriate measures are in place to ensure the 4. States Parties shall take all appropriate measures to promote the physical, cognitive and physical, cognitive and psychological recovery, psychological recovery, rehabilitation and social rehabilitation and social reintegration of persons reintegration of persons with disabilities who with disability who are victims of harm. State become victims of any form of exploitation, Parties are further required to ensure that recovery, violence or abuse, including through the provision rehabilitation, and social reintegration services are of protection services. Such recovery and delivered in an environment that fosters the health, reintegration shall take place in an environment welfare, self-respect, dignity and autonomy of the that fosters the health, welfare, self-respect, person. This obligation is particularly directed to dignity and autonomy of the person and takes ensuring that persons with disability are not into account gender- and age-specific needs. institutionalised or further brutalised in response to their experience of harm. 5. States Parties shall put in place effective legislation and policies, including women- and child-focused legislation and policies, to ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted.

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Article 16. Human Rights Indicators

• Persons with disability are effectively • Laws, policies, programmes, protective protected from all forms of exploitation, and other services that relate to the violence and abuse. prevention, detection, investigation and prosecution of harms against children • Protection from exploitation, violence and and adults with disability are age, gender abuse is effective both within and outside and disability sensitive. the home (that is, both in the public and private spheres). • All specialist facilities and programmes for persons with disability are effectively • Women and girls with disability are monitored by independent authorities to effectively protected from all forms of safeguard against exploitation, violence exploitation, violence and abuse that have a and abuse of persons with disability. gender dimension. • Persons with disability who are victims of • Children and young persons with disability harm have access to effective recovery, and older persons with disability are rehabilitation and social reintegration effectively protected from all forms of programmes and services. exploitation, violence and abuse that have an age dimension. •Recovery, rehabilitation and reintegration programmes for persons with disability • Persons with disability, their families and who are victims of harm are provided in carers are effectively informed and educated an environment that fosters the health, in relation to strategies to avoid, detect and welfare, self-respect, dignity and report all forms of exploitation, violence and autonomy of the person. abuse. •Recovery, rehabilitation and reintegration • There are effective laws and policies that programmes for persons with disability ensure that harms against persons with who are victims of crime are responsive to disability are identified, investigated and age and gender-related needs. prosecuted.

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Article 16. Key issues Issue Points to consider Are persons with disability • Are persons with disability subject to exploitation, violence and effectively protected from all abuse? forms of exploitation, violence • What laws, policies, programmes and services exist to protect persons and abuse? with disability from exploitation, violence and abuse? • How effective are these measures?

Are persons with disability • Are persons with disability subject to exploitation, violence and abuse effectively protected from from those with whom they have close domestic relationships (for exploitation, violence and example, family members and carers)? abuse both within and outside • What laws, policies, programmes and services exist to protect persons the home? with disability from exploitation, violence and abuse from those with whom they have close domestic relationships? • How effective are these measures? Are women and girls with • Are women and girls with disability subject to specific forms, or disability effectively protected specific circumstances of exploitation, violence and abuse? from gender-related • What laws, policies, programmes and services exist to protect women exploitation, violence and and girls with disability from gender-related exploitation, violence abuse? and abuse? • How effective are these measures? Are children and young persons • Are children and young persons and older persons with disability with disability and older subject to specific forms, or specific circumstances of exploitation, persons with disability violence and abuse? effectively protected from age- • What laws, policies, programmes and services exist to protect children related exploitation, violence and young persons and older persons with disability from age- and abuse? related exploitation, violence and abuse? • How effective are these measures? What information and • How are persons with disability informed and educated about their education is available for right to be free from exploitation, violence and abuse? persons with disability, their • How are persons with disability informed and educated about families and carers in relation strategies to avoid, detect, and report exploitation, violence and to strategies to avoid, detect abuse? and report exploitation, • How are family members and carers informed and educated about violence and abuse? the right of persons with disability to be free from exploitation, violence and abuse? • How are family members and carers informed and educated about strategies to avoid, detect, and report exploitation, violence and abuse of persons with disability? • How effective are these measures? Are there effective laws and • What laws and policies are in place in relation to the identification, policies to ensure that harms investigation and prosecution of harms against persons with against persons with disability disability? are identified, investigated and • What is the scope of these laws and policies? How effective are they? prosecuted?

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Article 16. Key issues Issue Points to consider Are laws, policies, programmes, • Are measures relating to protection of persons with disability from protective and other services harm, sensitive to the specific issues related to children and young that relate to the prevention, persons, and older persons with disability? detection, investigation and • Are these measures sensitive to the specific issues related to gender? prosecution of harms against • Are these measures sensitive to the specific issues related to children and adults with impairment and disability? disability age-, gender- and • Are they sensitive to the needs of these groups? disability- sensitive? Are all specialist facilities and • What monitoring arrangements are in place in relation to specialist programmes for persons with facilities and programmes for persons with disability? disability effectively monitored • Are any monitoring agencies independent of these facilities and by independent authorities as a programmes? safeguard against exploitation, • Does monitoring provide an effective safeguard against exploitation, violence and abuse? violence and abuse of persons with disability in these facilities and programmes? What services are available to • What services are available to persons with disability who are victims support the effective recovery, of harm? rehabilitation and social • Are these services appropriate and sufficient? reintegration of persons with • In what environments are these services provided? disability who are victims of • Do these services promote the health, welfare, self-respect, dignity exploitation, violence or abuse? and autonomy of the person? • Are these services age- and gender- sensitive?

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ARTICLE 17: Commentary

This Article is an extension of the right to liberty and security of the person. It is framed as a broad principle that specifically emphasises both the physical and mental integrity of persons with disability. It is particularly directed towards the Every person with disabilities has a right to respect protection of persons with psychosocial disability for his or her physical and mental integrity on an from interventions affecting their physical and equal basis with others. psychic wholeness and well-being, including compulsory confinement and medical treatment. The Article imposes the obligation to respect the integrity of the person, which in context means to refrain from interference with the body and mind Article 17. (including emotional and cognitive processes) of the person. The standard of non-interference is Human Rights equivalence with others. This may lead to some ambiguity where it is a characteristic of disability Indicators (such as psychosis leading to behaviour that presents the risk of harm to self or others) that is • Persons with disability are not subject to the basis for a compulsory intervention. Generally, interference with their physical such behaviour in the absence of disability would integrity. also lead to compulsory intervention.

• Persons with disability not subject to interference with their mental integrity.

Article 17. Key issues Issue Points to consider Do persons with disability • What treatments and interventions are persons with disability experience interference with subject to? the integrity of their physical • What are the circumstances in which this occurs? bodies? • Are others subject to these treatments and interventions in equivalent circumstances? • Are persons with disability effectively protected from unwanted or unjustified interventions and treatments affecting the integrity of physical bodies?

Do persons with disability • What treatments and interventions are persons with disability experience interference with subject to? their mental integrity? • What are the circumstances in which this occurs? • Are others subject to these treatments and interventions in equivalent circumstances? • Are persons with disability effectively protected from unwanted or unjustified interventions and treatments affecting their mental integrity?

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ARTICLE 18: Commentary

This Article applies the traditional freedoms of liberty of movement and nationality to the circumstances of persons with disability. It requires State Parties to ensure that persons with disability enjoy these freedoms on an equal basis with others. 1. States Parties shall recognize the rights of The Article guarantees persons with disability the persons with disabilities to liberty of right to movement across and within national movement, to freedom to choose their residence borders, and the right to choose their residence and and to a nationality, on an equal basis with nationality on an equal basis with others. This has others, including by ensuring that persons with important implications for Australian immigration disabilities: policy, and that of many other countries, which (a) Have the right to acquire and change a typically discriminate on the basis of disability. The nationality and are not deprived of their Article provides that persons with disability have nationality arbitrarily or on the basis of the right to acquire and change their nationality, disability; and may not be deprived of their nationality (b) Are not deprived, on the basis of disability, of arbitrarily or on the basis of disability. It accords their ability to obtain, possess and utilize persons with disability the right to obtain, possess documentation of their nationality or other documentation of identification, or to utilize and use documentation of nationality and related relevant processes such as immigration identification materials necessary to exercise their proceedings, that may be needed to facilitate right to liberty of movement. Paragraph 2 of the exercise of the right to liberty of movement; Article provides specific guarantees of nationality (c) Are free to leave any country, including their and citizenship to children with disability. It own; requires State Parties to ensure that children with (d) Are not deprived, arbitrarily or on the basis of disability are named, registered, and acquire disability, of the right to enter their own nationality from birth. It also seeks to guarantee, as country. far as possible, that children with disability are not separated from their parents from birth. This 2. Children with disabilities shall be registered paragraph also has implications for immigration immediately after birth and shall have the right laws that may refuse entry to a child with disability from birth to a name, the right to acquire a who is a member of a family seeking to immigrate. nationality and, as far as possible, the right to know and be cared for by their parents.

Article 18. Human Rights Indicators • Persons with disability enjoy liberty of movement within and across national borders on an equal basis with others. • Persons with disability are able to choose their own residence on an equal basis with others. • Persons with disability are able to choose their nationality on an equal basis with others. • Children with disability are registered immediately after birth. • Children with disability are named from birth. • Children with disability acquire a nationality from birth. • Children with disability know and are cared for by their parents from birth.

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Article 18. Key issues

Issue Points to consider Do persons with disability have • Is there any restriction on persons with disability leaving or entering the freedom to move across and Australia that do not apply to others? within national borders on an • Do persons with disability have the freedom to travel within Australia equal basis with others? on an equal basis with others? • Are there any barriers to freedom of movement by persons with disability? Are persons with disability able • Are persons with disability able to choose their country of residence to choose their own residence on an equal basis with others? on an equal basis with others? • Are persons with disability able to choose their place of residence on an equal basis with others? • Are persons with disability able to choose their length and type of residence on an equal basis with others? • What are the barriers, if any, to persons with disability taking up residence in the country and location of their choice? Are persons with disability able • Are persons with disability able to migrate to or from Australia on an to choose their nationality on equal basis with others? an equal basis with others? • Are persons with disability able to adopt Australian citizenship on an equal basis with others? • What are the barriers, if any, to persons with disability migrating to and from Australia, and to their adopting Australian citizenship? Is the legal personality and • Are children with disability registered immediately after birth? citizenship of children with • Are children with disability named from birth? disability recognised from birth? • Do children with disability acquire nationality from birth? Are children with disability • Are there any circumstances in which children with disability are accorded the right, from birth, separated from their parents at birth or during childhood? as far as possible, to know and • In those situations where children with disability are separated from be cared for by their parents? their parents, are they able to maintain their personal identities? • Are they able to maintain contact with their parents?

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ARTICLE 19: Commentary

This article is an important extension of the right to liberty, which applies specifically to the living arrangements of persons with disability. The article is directed to the elimination of segregated, congregate and socially isolated environments in which persons with disability have historically been forced, or obliged, to live. The article requires State Parties to ensure that persons with disability are States Parties to this Convention recognize the able to live in the community with accommodation equal right of all persons with disabilities to live in options equal to others, and that these options the community, with choices equal to others, and support the inclusion and participation of persons shall take effective and appropriate measures to with disability in community life. The article also facilitate full enjoyment by persons with disabilities provides that persons with disability must be able of this right and their inclusion and participation in to choose with whom they live on an equal basis the community, including by ensuring that: with others. In order to realise these freedoms, State Parties are obliged to ensure that persons (a) Persons with disabilities have the opportunity with disability have access to the support services to choose their place of residence and where they require in order to live freely in the and with whom they live on an equal basis with community, and to avoid isolation and segregation others and are not obliged to live in a particular from the community. These support services living arrangement; include in-home support, residential and (b) Persons with disabilities have access to a range community support services, and personal care. of in-home, residential and other community The article also seeks to ensure that mainstream support services, including personal assistance community services and facilities are available and necessary to support living and inclusion in the responsive to the needs of persons with disability so community, and to prevent isolation or as to facilitate their freedom to live in and be a part segregation from the community; of the community. (c) Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.

Article 19. Human Rights Indicators

• Persons with disability live in the community with choices equal to others.

• Persons with disability are included, and participate, in the community.

• Persons with disability are able to choose their place of residence on an equal basis with others.

• Persons with disability are not obliged to live in any particular living arrangement.

• Persons with disability have access to a range of in-home, residential and other community support services necessary to support living and inclusion in the community and to prevent isolation and segregation from the community.

• Community services and facilities for the general population are available to persons with disability on an equal basis with others and are responsive to their needs.

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Article 19. Key issues

Issue Points to consider Are persons with • What living arrangements are available to persons with disability? disability able to live in • Do persons with disability have the same choice of accommodation options the community with available to others? choices equal to • What are the barriers, if any, to persons with disability living in the others? community? • What factors, if any, limit the accommodation choices available to persons with disability? Are persons with • Apart from being physically present in the community, do persons with disability included in disability actively participate in social and economic life? community life? • Are persons with disability welcomed and supported to participate in community life? • What are the barriers, if any, to the participation of persons with disability in community life? Are persons with • What choice of accommodation is available to persons with disability? disability able to • Who, or what, determines the accommodation choices available to persons choose their place of with disability? residence on an equal • Is choice constrained by any factors that do not apply to other persons? basis with others? Are persons with • What range of domestic housing is available to persons with disability? Is this disability compelled, range restricted for persons with disability in a way that others are not or obliged, to live in restricted? any particular living • What range of social housing is available to persons with disability? Is this arrangement? range restricted for persons with disability in a way that others are not restricted? • What models of supported accommodation are available to persons with disability? Do the range of models available reflect the choices available to others in the community? • Are the accommodation choices available to persons with disability constrained by the inability to obtain support to live in preferred options? What support services • Do persons with disability have effective access to any in-home support are available to necessary for them to live in and be a part of the community? persons with disability • Do persons with disability have effective access to any residential support to enable them to necessary for them to live in and be a part of the community? exercise their freedom • Do persons with disability have access to any community services necessary to live in and be a part for them to live in and be a part of the community? of the community? • Are these services effective in safeguarding persons with disability from isolation and segregation from the community? Are generic community • How accessible to persons with disability are community services for the services and facilities general population (for example, transport and health services)? available to persons • Are community services for the general population responsive to the needs of with disability on an persons with disability? equal basis with • Are community services for the general community effective in supporting others? persons with disability to live in and be a part of the community?

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ARTICLE 20: Commentary

This Article is a further important extension of the right to liberty of movement, which is focused on States Parties shall take effective measures to the personal mobility of persons with disability. It ensure personal mobility with the greatest possible requires State Parties to ensure that persons with independence for persons with disabilities, disability are able to mobilise with the greatest including by: possible independence. Three dimensions of this (a) Facilitating the personal mobility of persons freedom are particularly highlighted: the right of with disabilities in the manner and at the time persons with disability to mobilise in the manner of of their choice, and at an affordable cost; their choice (that is, to choose the type of mobility (b) Facilitating access by persons with disabilities aid or conveyance); the right to do so at the time of to quality mobility aids, devices, assistive their choice (that is, to be free from externally technologies and forms of live assistance and imposed schedules that limit independence); and, intermediaries, including by making them the right to mobilise at an affordable cost. In order available at an affordable cost; to realise this freedom State Parties are required to (c) Providing training in mobility skills to persons facilitate access by persons with disability to with disabilities and to specialist staff working quality mobility aids, devices and assistive with persons with disabilities; technologies, as well as to live assistance and (d) Encouraging entities that produce mobility aids, intermediaries (for example, sighted guides and devices and assistive technologies to take into sign language interpreters). account all aspects of mobility for persons with State Parties must also ensure that training in disabilities. mobility skills is available to persons with disability and specialist staff who work with persons with disability. The Article covers all aspects of mobility, Article 20. not just physical movement, but also way-finding, and social interactions. In this respect it is notable Human Rights that the Article also requires State Parties to Indicators encourage entities that produce mobility aids, devices and assistive technologies to develop • Persons with disability enjoy personal products that will assist with all aspects of mobility mobility with the greatest possible for persons with disability. independence. • Persons with disability are able to mobilise in the manner and at the time of their choice. • Persons with disability are able to mobilise at an affordable cost. • Persons with disability have access to quality mobility aids, devices and assistive technologies. • Persons with disabilities have access to live assistance and intermediaries. • Persons with disability are effectively trained in mobility skills. • Staff who work with persons with disability are effectively trained in mobility skills. • There are mobility aids, devices and assistive technologies to support all aspects of mobility for persons with disability.

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Article 20. Key issues Issue Points to consider Do persons with disability • Do persons with disability have effective access to mobility aids, devices enjoy personal mobility and assistive technologies necessary for their maximum possible with the greatest possible independence? independence? • Do persons with disability have access to live assistance and intermediaries necessary for their maximum possible independence? • Are support services for persons with disability provided and integrated in a manner that facilitates their maximum possible independence? Are persons with • Are there constraints on the type of mobility aids, devices, and assistive disability able to mobilise technologies available to persons with disability? Do these constraints in the manner and at the limit choice and independence? time of their choice? • Are there constraints on the type or timing of mobility support services for persons with disability that limit choice and independence? Are mobility aids, devices, • What is the cost of mobility aids, devices and assistive technologies? Who assistive technologies, bears this cost? and live assistance and • What is the cost of live assistance and intermediaries? Who bears this cost? intermediaries available • Are these costs affordable? to persons with disability • Does the cost of these products and services limit the mobility and at an affordable cost? independence of persons with disability? Do persons with disability • What mobility aids, devices, and assistive technologies are available to have access to quality persons with disability? mobility aids, devices and • Are these products of the greatest possible range and quality? assistive technologies? • What efforts are made to ensure access by persons with disability to these products? Do persons with • What forms of live assistance and intermediaries are available to persons disabilities have access to with disability? live assistance and • In what circumstances is such assistance available? intermediaries? • What is the cost of such assistance? Who bears this cost? Is such assistance affordable for persons with disability? • What efforts are made to ensure access by persons with disability to live assistance and intermediaries? Do persons with disability • What training is available for persons with disability in relation to personal receive effective training mobility? in mobility skills? • What is the range and quality of any training available? • What is the cost of this training? Who bears this cost? Is such training affordable for persons with disability? Are staff who work with • What training is available for staff who work with persons with disability in persons with disability relation to personal mobility? effectively trained in • What is the range and quality of any training available? mobility skills?

How comprehensive is the • Are aids, devices and assistive technologies available in relation to all range of mobility aids, aspects of personal mobility? devices and assistive • Do mobility products take account of all aspects of mobility required by the technologies available for individual? persons with disability? • What efforts are made to promote the development of a comprehensive range of mobility products for persons with disability?

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ARTICLE 21: Commentary

This Article applies and extends the traditional right of freedom from interference with opinion and expression. Most significantly, it assimilates to these traditional freedoms the right of access to public information. State Parties are required to take all appropriate measures to ensure that persons with disability are able to find, receive and impart information on an equal basis with others States Parties shall take all appropriate measures to through all forms of augmented and assisted ensure that persons with disabilities can exercise communication. The right of freedom of opinion the right to freedom of expression and opinion, and expression is a civil and political right subject to including the freedom to seek, receive and impart the implementation standard of immediate information and ideas on an equal basis with realisation. Importantly, the Article requires others and through all forms of communication of information in accessible formats to be made their choice as defined in article 2 of the present available in a timely manner (for example, at the Convention, including by: same time as this information becomes available to others in regular formats), and without any (a) Providing information intended for the general additional cost. The Article also requires State public to persons with disabilities in accessible Parties to ensure that persons with disability are formats and technologies appropriate to permitted and supported to use sign language, different kinds of disabilities in a timely manner Braille, and alternative and augmented and without additional cost; communications in their interactions with public officials. In fact, it calls upon State Parties to (b) Accepting and facilitating the use of sign officially recognise and promote the use of sign languages, Braille, augmentative and languages. State Parties must also encourage alternative communication, and all other private sector agencies that provide public accessible means, modes and formats of information and services to ensure that they communication of their choice by persons with provide information in formats that are accessible disabilities in official interactions; to persons with disability. Finally, the Article requires State Parties to encourage the mass media, (c) Urging private entities that provide services to and in particular, providers of information through the general public, including through the the Internet, to make their services accessible to Internet, to provide information and services in persons with disability. accessible and usable formats for persons with disabilities;

(d) Encouraging the mass media, including providers of information through the Internet, to make their services accessible to persons with disabilities;

(e) Recognizing and promoting the use of sign languages.

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Article 21. Human Rights Indicators

• Persons with disability enjoy freedom of • Public information is made available in expression on an equal basis with others. accessible formats in a timely manner and without additional cost. • Persons with disability enjoy freedom of opinion on an equal basis with others. • Alternative modes, means and formats of communication are accepted and facilitated • Persons with disability have freedom to in official interactions with persons with seek, receive and impart information and disability. ideas on an equal basis with others. • Public information and services provided by • Persons with disability are able to seek, the private sector are accessible to persons receive and impart information and ideas with disability. through all forms of communication of their choice. • The mass media is accessible to persons with disability. • Public information is available to persons with disability in accessible formats. • The Internet is accessible to persons with disability. • Public information is accessible to persons who use assistive communication devices. • Australian Sign Language is officially recognised and its use is promoted.

Article 21. Key issues Issue Points to consider Do persons with disability • Do persons with disability experience any interference with their right to enjoy freedom of express themselves on an equal basis with others? expression on an equal • Are persons with disability supported and encouraged to develop basis with others? alternative and augmentative communication systems in circumstances where they are unable to communicate in regular ways? Do persons with disability • Do persons with disability experience any interference with their right to enjoy freedom of opinion freedom of opinion? on an equal basis with • Are persons with disability supported and encouraged to form and express others? their own opinions about issues? Are persons with • What are the barriers, if any, to persons with disability finding, obtaining disability able to seek, and disseminating information and ideas on an equal basis with others? receive and impart (These barriers could be attitudinal, socio-economic, environmental or information and ideas on technological in nature). an equal basis with • Do persons who do not have disability experience equivalent barriers? others?

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Article 21. Key issues

Issue Points to consider Are persons with disability able • Do persons with disability have effective access to alternative and to seek, receive and impart augmentative communication systems of their choice? information and ideas through • Are persons with disability able to use alternative and augmentative all forms of communication of communication systems of their choice to communicate with others? their choice?

Is public information available • In what formats is public information made available? Does this to persons with disability in include Large Print, Braille, and Easy-English? accessible formats? Is public information accessible • Is public information available in accessible electronic formats? to persons who use assistive • Are electronic repositories of public information (for example, communication devices? websites) accessible to persons who use assistive technologies? Is public information made • Is public information made available in accessible formats at the available in accessible formats same time it is made available in regular formats? in a timely manner and without • Do persons with disability incur any additional costs in order to additional cost? obtain public information in an accessible format?

Are alternative modes, means • Do public authorities and officials recognise and accept alternative and formats of communication and augmentative means of communication? accepted and facilitated in • Do public authorities and officials facilitate access to alternative and official interactions with augmentative communication systems for persons with disability, persons with disability? where they require such assistance?

Are public information and • Are private sector agencies involved in public service provision services provided by the private required to provide information in accessible formats? sector accessible to persons • Do private sector agencies providing public information and services with disability? accept alternative and augmentative means of communication? • Do private sector agencies providing public information and services facilitate access to alternative and augmentative communication systems for persons with disability, where they require such assistance?

Is the mass media accessible to • In what hardcopy and electronic formats is mass media information persons with disability? available? • Are mass media electronic formats and repositories accessible to persons with disability who use assistive communication technologies?

Is the Internet accessible to • Are all aspects of the Internet accessible to persons with disability persons with disability? who use assistive communication technologies? • Is Internet based information available in alternative formats for persons with disability (for example, in Easy-English, Large Print, and sign language?)

Are sign languages officially • Are Australian sign languages officially recognised as languages? recognised and their use • Is the use of sign language accepted and promoted in Australian promoted? society? • Is access to sign language interpreting facilitated without cost to persons with disability?

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ARTICLE 22:

1. No person with disabilities, regardless of place of residence or living arrangements, shall be Article 22. subjected to arbitrary or unlawful interference with his or her privacy, family, home or Human Rights correspondence or other types of communication or to unlawful attacks on his or her honour and Indicators reputation. Persons with disabilities have the right to the protection of the law against such interference or attacks. • Persons with disability are free from arbitrary or unlawful interference with 2. States Parties shall protect the privacy of their privacy, irrespective of their living personal, health and rehabilitation information arrangements. of persons with disabilities on an equal basis with others. • Persons with disability are free from arbitrary or unlawful interference with their family life. Commentary • Persons with disability are free from This Article affirms the traditional right to privacy arbitrary or unlawful interference with and protection of reputation with respect to persons their home. with disability. The right to privacy protection includes the domains of the family and home as well • Persons with disability are free from as correspondence. The traditional right to privacy in arbitrary or unlawful interference with correspondence is extended to cover all forms of their correspondence and other forms of communication that may be utilised by persons with communication. disability. The right is also particularised to protect personal, health and rehabilitation information, in • Persons with disability are free from recognition of the fact that persons with disability unlawful attacks on their honour and are particularly susceptible to violation of privacy reputation. rights in these areas. • The law effectively protects persons with disability from interference with all aspects of their privacy.

• The law effectively protects persons with disability from attacks on their honour and reputation.

• The law effectively protects the privacy of personal, health and rehabilitation information of persons with disability on an equal basis with others.

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Article 22. Key issues

Issue Points to consider Do persons with disability • Do persons with disability enjoy the same level of privacy as others? enjoy freedom from arbitrary • Are there any specific risks of privacy violation associated with the or unlawful interference with settings in which persons with disability may live? their privacy, irrespective of • How well are these risks avoided? their living arrangements? Do persons with disability • Do persons with disability experience any threats to the privacy of their enjoy freedom from arbitrary family life, which are not experienced by others? or unlawful interference with • What forms of intrusion into family life are persons with disability their family life? at risk of? Do persons with disability • Do persons with disability experience any threats to the privacy of their enjoy freedom from arbitrary home life, which are not experienced by others? or unlawful interference with • What forms of intrusion into home life are persons with disability at risk of? their home? • Are there different levels, or types, of privacy risk associated with different living arrangements? Do persons with disability • Do persons with disability experience any threats to the privacy of their enjoy freedom from arbitrary correspondence and communication, which are not experienced by or unlawful interference with others? their correspondence and • What forms of communication privacy violations are persons with other forms of disability at risk of? communication? • How well are these risks avoided?

Do persons with disability • Are persons with disability effectively protected from vilification on the enjoy freedom from unlawful ground of disability? attacks on their honour and • Are there specific threats to the reputation of persons with disability reputation? that may be associated with their reliance upon support services?

Does the law effectively • How comprehensive is privacy law? protect persons with • Does it protect against the specific forms, or heightened risk, of privacy disability from interference violation experienced by persons with disability? with all aspects of their • Is privacy law effectively enforced with respect to persons with privacy? disability?

Does the law effectively • How comprehensive is defamation law? Does it protect against the protect persons with specific forms, or heightened risk, of attacks on reputation experienced disability from attacks on by persons with disability? their honour and reputation? • Are there effective laws to protect against vilification on the ground of disability? • Are defamation and any vilification laws effectively enforced with respect to persons with disability? Does the law effectively • What are the legal protections against unauthorised disclosure of protect the privacy of personal, health and rehabilitation information? personal, health and • Do these protections take into account the specific forms, or heightened rehabilitation information of risk, of privacy violation experienced by persons with disability? persons with disability on an • Are privacy laws concerning personal, health and rehabilitation equal basis with others? information effectively enforced with respect to persons with disability?

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ARTICLE 23: 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.

5. States Parties shall, where the immediate family is unable to care for a child with disabilities, undertake every effort to provide alternative care within the wider family, and failing that, within 1. States Parties shall take effective and the community in a family setting. appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, Commentary parenthood and relationships, on an equal basis This Article applies and extends the traditional with others, so as to ensure that: right of respect for the home and family to the (a) The right of all persons with disabilities who circumstances of persons with disability. The first are of marriageable age to marry and to found paragraph of the article requires State Parties to a family on the basis on free and full consent ensure that persons with disability are protected of the intending spouses is recognized; from discrimination in any matter concerning (b) The rights of persons with disabilities to decide marriage, family, parenthood and relationships. freely and responsibly on the number and This protection includes the right of consenting spacing of their children and to have access to adults with disability to marry and found a family, age-appropriate information, reproductive and and to decide on the number and spacing of their family planning education are recognised, and children. To assist persons with disability the means necessary to enable them to effectively realise this right, State Parties are exercise these rights are provided; required to ensure that persons with disability have (c) Persons with disabilities, including children, access to information and education about family retain their fertility on an equal basis with planning, in alternative and adapted formats if others. required. Importantly, the first paragraph also asserts the right of persons with disability, 2. States Parties shall ensure the rights and including children, to retain their fertility on an responsibilities of persons with disabilities, with equal basis with others. This provision is, in effect, a regard to guardianship, wardship, trusteeship, prohibition against non-therapeutic sterilisation of adoption of children or similar institutions, children and adults with disability. Paragraph 2 of where these concepts exist in national the Article requires State Parties to ensure that legislation; in all cases the best interests of the persons with disability have the same rights as child shall be paramount. States Parties shall others with respect to the guardianship and render appropriate assistance to persons with adoption of children. It requires all guardianship disabilities in the performance of their child- and adoption decisions to be subject to the rearing responsibilities. paramount principle of the ‘best interests of the child.’ The remaining paragraphs of the Article 3. States Parties shall ensure that children with emphasise the rights of children with disability to disabilities have equal rights with respect to grow up at home with their parents, or where this is family life. With a view to realizing these rights, not possible, with members of their wider family, or and to prevent concealment, abandonment, in a family-like setting in the community. In this neglect and segregation of children with respect, paragraph 3 protects children with disabilities, States Parties shall undertake to disability from concealment, neglect and provide early and comprehensive information, segregation by requiring State Parties to ensure services and support to children with disabilities that these children and their families have access to and their families. early intervention, comprehensive information and services and support. Paragraph 4 protects against 4. States Parties shall ensure that a child shall not the separation of children from their parents on the be separated from his or her parents against their basis of the disability of the child or one or both of will, except when competent authorities subject its parents, unless such separation is in the ‘best to judicial review determine, in accordance with interests of the child’ (for example, in a case of applicable law and procedures, that such abuse or neglect). separation is necessary for the best interests of Queensland Advocacy Incorporated 90 CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Article 23. Human Rights Indicators

• Persons with disability do not experience • Persons with disability have access to discrimination in relation to any matter appropriate assistance, where necessary, to concerning marriage, family, parenthood performan their child-rearing responsibilities. and relationships. • Children with disability are accorded the same • Consenting adults with disability are able rights as other children to family life. to marry and found a family. • Children with disability are effectively • Persons with disability are able to decide protected from concealment, abandonment, on the number and spacing of their neglect and segregation. children. • Children with disability and their families are • Persons with disability have effective effectively supported with early intervention, access to family planning information and comprehensive information, and services and education, including in accessible and support. adapted formats if required. • Children with disability are not arbitrarily or • Persons with disability, including children unlawfully separated from their parents with disability, retain their fertility on an against their will. The ‘best interests of the equal basis with others. child’ is the basis for any such separation.

• Persons with disability are accorded the • Children with disability are not separated from same rights and responsibilities as others their parents on the basis of the disability of with respect to the guardianship and either the child or of one or both parents. adoption of children. • Children with disability unable to live with • The ‘best interests of the child’ is the their immediate family are provided with paramount consideration in all decisions alternative care within their wider family, or if concerning guardianship and adoption. this is not possible, within the community in a family setting.

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Article 23. Key issues

Issue Points to consider Do persons with disability • What are the attitudes of the community towards persons with disability experience discrimination in being involved in intimate relationships, marrying, or having children? relation to any matter • Do social policies and the structure of support services result, either concerning marriage, directly or indirectly, in discrimination against persons with disability family, parenthood and with respect to intimate relationships, marriage, or having and raising relationships? children? Are consenting adults with • Are there any legal or social barriers to consenting adults with disability disability accorded the right marrying, and having and raising children? to marry and found a • Do these barriers vary across impairment groups? family? • Is the right of persons with disability to marry and found a family effectively promoted and protected? Are persons with disability • Are there social barriers to persons with disability having and raising able to decide on the children? number and spacing of their • Do these barriers vary across impairment groups? children? • Is the right of persons with disability to have and raise children effectively promoted and protected? Do persons with disability • Is reproductive and other family planning information and education have access to family readily available to persons with disability? planning information and • Are persons with disability effectively supported to obtain this education, including in information and participate in such education? accessible and adapted • Is such information and education available in accessible and adapted formats if required? formats suitable for persons from a wide range of impairment groups? Are persons with disability, • Are adults and children with disability effectively protected from non- including children with therapeutic sterilisation? disability, able to retain • Is there effective protection for both women and girls, and men and boys their fertility on an equal with disability? basis with others? Do persons with disability • Do persons with disability experience any form of discrimination in have the same rights and relation to guardianship and adoption of children? responsibilities as others • What are the attitudes of the community towards persons with disability with respect to the assuming guardianship or adopting children? guardianship and adoption • Do persons with disability have access to the services and support they of children? may require to raise a child for whom they have assumed guardianship or adoptive parental responsibilities? Is the ‘best interests of the • What are the principles that underpin decision-making with respect to the child’ a primary guardianship and adoption of children? consideration in all • Is the principle of the ‘best interests of the child’ a primary consideration? decisions concerning • Does this consideration, or the weight accorded it, vary either in principle guardianship and adoption? or in practice, should the child have a disability? Do persons with disability What services and other supports are available to persons with disability to have access to appropriate assist them with their child-rearing responsibilities? assistance, where necessary, Are these services and other supports adapted to any disability-related to perform their child- needs of the parent? rearing responsibilities?

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Article 23. Key issues

Issue Points to consider Are children with disability • Do all children with disability have the opportunity to grow up in their accorded the same rights as family? other children to family life? • Do children with disability and their families have access to any services and supports they may require in order to enjoy a positive and inclusive family life?

Are children with disability • Are there any situations in which children with disability are concealed effectively protected from from the community? concealment, abandonment, • Are there any situations in which children with disability are abandoned neglect and segregation? by their parents? • Are there any situations in which children with disability are subject to neglect? • Are there any situations in which children with disability are segregated from the community? • What protections exist against such treatment? • How effective are these protections?

Are children with disability • What early intervention services are available to children with disability and their families effectively and their families? supported with early • What information services are available to children with disability and intervention, comprehensive their families? What is the quality and approach of the information information, and services and provided? support? • What services and supports are available to children with disability and their families? What is the quality of these services and supports? • Do these services effectively protect children with disability from concealment, abandonment, neglect and segregation?

Are children with disability • Are there situations in which children with disability are separated from arbitrarily or unlawfully their parents? separated from their parents • What is the basis for such separation? against their will? Is the ‘best • What legal protections are in place to prevent arbitrary or unlawful interests of the child’ the separation of children with disability from their families? basis for any such • How effective are these protections? separation?

Is the disability of either the • How do child protection authorities react to children or parents with child or of one or both disability? parents ever a factor in the • Is there any evidence of discrimination on the ground of disability in separation of children from child protection policy or practice? their parents?

What happens to children • What are the placement principles that apply to children with disability with disability who are who are separated from their parents? unable to live with their • Do these principles require placement with the child’s extended family parents for whatever reason? wherever possible? • Do these principles protect the right of children with disability to grow up in a family environment in the community?

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ARTICLE 24: 3. States Parties shall enable persons with disabilities to learn life and social development skills to facilitate their full and equal participation in education and as members of the community. To this end, States Parties shall take appropriate measures, including: 1. States Parties recognize the right of persons with disabilities to education. With a view to (a) Facilitating the learning of Braille, realizing this right without discrimination and alternative script, augmentative and on the basis of equal opportunity, States Parties alternative modes, means and formats of shall ensure an inclusive education system at communication and orientation and all levels and life long learning directed to: mobility skills, and facilitating peer support and mentoring; (a) The full development of human potential (b) Facilitating the learning of sign language and sense of dignity and self-worth, and the and the promotion of the linguistic identity strengthening of respect for human rights, of the deaf community; fundamental freedoms and human diversity; (c) Ensuring that the education of person, and (b) The development by persons with in particular children, who are blind, deaf or disabilities of their personality, talents and deafblind, is delivered in the most creativity as well as their mental and appropriate languages and modes and physical abilities, to their fullest potential; means of communication for the individual, (c) Enabling persons with disabilities to and in environments which maximize participate effectively in a free society. academic and social development. 2. In realizing this right, States Parties shall ensure 4. In order to help ensure the realization of this that: right, States Parties shall take appropriate measures to employ teachers, including (a) Persons with disabilities are not excluded teachers with disabilities, who are qualified in from the general education system on the sign language and/or Braille, and to train basis of disability, and that children with professionals and staff who work at all levels of disabilities are not excluded from free and education. Such training shall incorporate compulsory primary education, or from disability awareness and the use of appropriate secondary education, on the basis of augmentative and alternative modes, means disability; and formats of communication, educational (b) Persons with disabilities can access an techniques and materials to support persons inclusive, quality and free primary with disabilities. education and secondary education on an equal basis with others in the communities 5. States Parties shall ensure that persons with in which they live; disabilities are able to access general tertiary (c) Reasonable accommodation of the education, vocational training, adult education individual’s requirements is provided; and lifelong learning without discrimination (d) Persons with disabilities receive the support and on an equal basis with others. To this end, required, within the general education States Parties shall ensure that reasonable system, to facilitate their effective education; accommodation is provided to persons with (e) Effective individualized support measures disabilities. are provided in environments that maximise academic and social development, consistent with the goal of full inclusion;

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Commentary Paragraphs 3 and 4 of the Article focus particularly on the learning and social development needs of This Article applies the right to education to persons children and young persons with sensory disability. with disability. It requires State Parties to ensure State Parties are required to facilitate the learning that persons with disability have access to an of Braille and other alternative modes, means and inclusive education system at all levels, and to life- formats of communication, and orientation and long learning opportunities, including tertiary, mobility skills. State Parties are also required to vocational and adult education. Reinforcing the facilitate peer support and mentoring to assist CRPD’s general prohibition on disability children and young persons with sensory disability discrimination, the article specifically requires State develop a positive self-image and social networks. Parties to ensure the elimination of discrimination Children who are deaf or deafblind must be on the ground of disability from all aspects of provided the opportunity to learn sign languages, education. Similarly, the Article specifically and the linguistic identity of the Deaf community requires State Parties to ensure that reasonable must be promoted. Educational instruction must be accommodation of impairment and disability delivered in the most appropriate languages and related needs is provided at all levels of the modes and means of communication for the child education system. State Parties are required to with sensory disability, and in environments that ensure that education is directed towards a number maximise their academic and social development. of fundamental goals, which include the In order to realise these rights, State Parties are development of human personality and potential, a required to ensure that teachers are employed who sense of dignity and self-worth, respect for human are qualified in sign language and Braille, and to rights, fundamental freedom and human diversity, provide training to ensure that all staff working in and effective participation in a free society. The the education system are sensitive to the needs of Article places over-arching and repeated emphasis persons with disability, and are able to effectively on inclusive education and requires State Parties to use augmentative and alternative communication, provide the individualised services and supports and adapt and use educational techniques and necessary for effective inclusion. materials appropriate for children with disability.

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Article 24. Human Rights Indicators

• Persons with disability are accorded the right • Students with disability receive the support to education. they require to facilitate their effective education within the general education • Persons with disability are free from system. discrimination on the ground of disability in education. • Students with disability receive effective individualised support measures in fully • Education of persons with disability is inclusive environments that maximise inclusive at all levels of the education system. academic and social development.

• Persons with disability have access to life-long • Persons with disability have access to life and learning, including general tertiary education, social development skills education to vocational training and adult education. facilitate their full and equal participation in education and as members of the community. • Education is directed to: • The full development of human potential • Persons with disability have the opportunity and sense of dignity and self worth; to learn: • Strengthening of respect for human rights, • Braille, alternative script, augmentative fundamental freedoms, and human and alternative modes, means and formats diversity; of communication; • The development of personality, talents • Orientation and mobility skills; and creativity, and mental and physical • Sign languages. abilities, to their fullest potential; • Enabling persons with disability to • Persons with disability have access to peer participate effectively in a free society. support and mentoring.

• Persons with disability are not excluded from • The linguistic identity of the Deaf community the general education system on the basis of is promoted in educational settings. disability. • Education for children who are blind, deaf or • Persons with disability are not excluded from deafblind is delivered in appropriate free and compulsory primary education, or languages, including sign languages, and from secondary education, on the basis of other modes and means of communication disability. appropriate for the individual.

• Persons with disability can access an inclusive, • Teachers are qualified in Australian Sign quality and free primary education and Language and proficient in the use of Braille. secondary education on an equal basis with others in the communities in which they live. • Staff at all levels of the education system are educated in disability awareness and in the • Students with disability are provided with use of appropriate augmentative and reasonable accommodation of their alternative modes, means and formats of impairment and disability related needs. communication, educational techniques and materials to support students with disability.

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Article 24. Key issues

Issue Points to consider Are persons with disability accorded the • Is there a right to education incorporated into the law? right to education? • Does any such right apply to persons with disability on an equal basis with others? • Is this right enforceable? • In practice, do persons with disability have effective access to education? Do persons with disability experience • Is the education system at all levels accessible to, and discrimination on the ground of disability inclusive of, all persons with disability? in education? • Are any necessary adjustments made to ensure that persons with disability can effectively participate in education (for example, to ensure physical access, and adaptations to curricula)? • Do persons with disability have access to the assistive technologies and live assistance they require to effectively participate in education? Do persons with disability have a right to • Is there a right to an inclusive education (that is, in regular an inclusive education at all levels of the schools and other learning environments) incorporated into education system? law? • Is any such right enforceable? • Are persons with disability segregated from others in education? Are persons with disability accorded the • Is there any right to lifelong learning for persons with right to life-long learning, including disability incorporated into law? general tertiary education, vocational • What is the extent of any such law? training and adult education? • Is any such law enforceable? • In practice, do persons with disability have effective access to a range of life-long learning opportunities? Is education directed to: • What are the fundamental goals and objectives of our • The full development of human education system, especially with respect to persons with potential and sense of dignity and disability? self- worth; • How effective are curricula and instructional techniques in • Strengthening of respect for human achieving these goals and objectives, especially with rights, fundamental freedoms, and respect to persons with disability? human diversity; • The development of personality, talents and creativity, and mental and physical abilities, to their fullest potential; • Enabling persons with disability to participate effectively in a free society? Are persons with disability excluded from • Are there any examples of direct exclusion of persons with the general education system on the disability from education? (For example, because of a basis of disability? characteristic of impairment such as challenging behaviour, or a refusal to provide necessary accommodations, such as a sign-language interpreter). • Are there any examples of indirect exclusion of persons with disability from the education system? (For example, where a person with cognitive disability drops out of school because the curriculum is inaccessible).

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Article 24. Key issues

Issue Points to consider Are persons with disability excluded • Is primary education free? Is it compulsory? from free and compulsory primary • Are there any examples of either direct or indirect exclusion of education, or from secondary children with disability from primary education? education, on the basis of disability? • Are there any examples of either direct or indirect exclusion of persons with disability from secondary education?

Are persons with disability able to • Is primary education available to all persons with disability in access an inclusive, quality and free local communities? Is such education free, inclusive and of primary education and secondary good quality? education on an equal basis with • Is secondary education available to all persons with disability others in the communities in which in local communities? they live? Are students with disability provided • What services and supports are available to students with with reasonable accommodation of disability to facilitate their effective access to education? their impairment and disability • What adjustments and adaptations are available to facilitate related needs? the participation of persons with disability? Do students with disability receive • Are sufficient adjustments, accommodations, support and the support they require to facilitate services available to facilitate the effective education and their effective education within the inclusion of persons with disability within the general general education system? education system? • Are there any barriers to inclusion, and to an effective education, for persons with disability in the general education system? Do students with disability receive • What individualised support measures are available to persons effective individualised support with disability to facilitate their effective participation in measures in fully inclusive education? environments that maximise • Are these individualised supports available in fully inclusive academic and social development? environments? • Do these support measures maximise academic and social development?

Do persons with disability have • What life and social development skills education is available to access to life and social development children and young persons with disability, in particular those skills education to facilitate their full with sensory impairments? and equal participation in education • Does this education promote independence and social and as members of the community? development? Do persons with disability have the • What arrangements are available for persons with disability opportunity to learn: with vision impairment to learn Braille and electronic Braille, alternative script, alternative scripts? Are these arrangements adequate? augmentative and alternative modes, • What arrangements are available for persons with other means and formats of communication impairments to learn augmentative and communication; alternative modes, means and formats of communication? Are these arrangements adequate? Orientation and mobility skills; and • What arrangements are in place for persons who are deaf or sign languages? deafblind to learn sign languages? Are these arrangements adequate?

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Article 24. Key issues

Issue Points to consider Do persons with disability have • Do persons with disability, particularly those with sensory access to peer support and disability, have the opportunity to form peer support networks mentoring? to promote positive self-image and socialisation? • Do they have access to mentoring to promote positive self- image and socialisation? Is the linguistic identity of the Deaf • Is the linguistic identity of the Deaf community recognised in community promoted in educational education? settings? • Is the use of sign languages facilitated and promoted? Is education for children who are • Do children who are blind or deafblind have access to Braille blind, deaf or deafblind delivered in and accessible forms of electronic script in all aspects of their appropriate languages, including education? sign languages, and other modes and • Do children who are deaf or deafblind have access to sign means of communication appropriate languages in all aspects of their education? for the individual? Are teachers qualified in sign • What training is provided to teachers to ensure that they are language and proficient in the use of qualified in sign language and proficient in the use of Braille? Braille? • What quality assurance and continuing training is available to ensure qualifications and proficiency are maintained? Are staff at all levels of the education • What training is provided to education professionals and other system educated in disability staff to raise their awareness of augmentative and alternative awareness and in the use of modalities of communication? Is this training adequate? appropriate augmentative and • What training is provided to educational professionals in alternative modes, means and instructional techniques, curriculum adaptation, and the formats of communication, adaptation and use of accessible materials? Is this training adequate? educational techniques and • What advice and support is available to educational materials to support students with professionals in relation to communication skills, adaptation of disability? curricula and materials?

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ARTICLE 25: Commentary

This Article applies the right to health to persons with disability. It requires State Parties to ensure that persons with disability realise the highest States Parties recognize that persons with attainable standard of health, and that health care disabilities have the right to the enjoyment of the and health services are free from discrimination on highest attainable standard of health without the ground of disability. In particular, the Article discrimination on the basis of disability. States requires State Parties to prevent the discriminatory Parties shall take all appropriate measures to ensure denial of health care, health services and food and access for persons with disabilities to health services fluids on the basis of disability. Reiterating the that are gender-sensitive, including health-related obligations imposed by Article 6: Women with rehabilitation. In particular, States Parties shall: Disabilities, this Article requires State Parties to ensure that health services are gender sensitive. (a) Provide persons with disabilities with the same The Article aims to ensure that persons with range, quality and standard of free or disability have access to the same range, quality affordable health care and programmes as and standard of free or affordable health care and provided to other persons, including in the area programmes that are available to others, as well as of sexual and reproductive health and to any specialist health services they require population-based public health programmes; because of their disability. For the first time in a core United Nations human rights treaty, the Article (b) Provide those health services needed by incorporates specific references to sexual and persons with disabilities specifically because of reproductive health services and to population- their disabilities, including early identification based public health programmes as among those and intervention as appropriate, and services health services to which persons with disability designed to minimize and prevent further should have access. The Article requires State disabilities, including among children and older Parties to ensure that health services are available persons; as close as possible to local communities, including in rural areas. It also requires State Parties to ensure (c) Provide these health services as close as that health professionals are sensitised to the possible to people’s own communities, health needs of persons with disability, and to their including in rural areas; human rights, through initiatives such as awareness raising, education, and the development (d) Require health professionals to provide care of of ethical standards for health care and health the same quality to persons with disabilities as services. Subparagraph (e) requires State Parties to to others, including on the basis of free and ensure that health insurance and life insurance is informed consent by, inter alia, raising available to persons with disability on a fair and awareness of the human rights, dignity, reasonable basis, free from discrimination on the autonomy and needs of persons with ground of disability. disabilities through training and the promulgation of ethical standards for public and private health care;

(e) Prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance where such insurance is permitted under national law, which shall be provided in a fair and reasonable manner;

(f) Prevent discriminatory denial of health care or health services or foods or fluids on the basis of disability.

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Article 25. Human Rights Indicators

•Persons with disability enjoy the highest •Health services are available in local attainable standard of health. communities, including in rural areas.

•Persons with disability do not experience •Health professionals provide the same quality discrimination in any aspect of the health of care to persons with disability as to others. system. •Health professionals are educated to raise •Health services, including health-related awareness of the human rights, dignity, rehabilitation services, are gender-sensitive. autonomy and needs of persons with disability. •Persons with disability have access to the same range, quality and standard of free or •Health care is provided only on the basis of affordable health care and programmes as the free and informed consent of the person other persons. with disability receiving treatment.

•Persons with disability have access to the •There are health care ethical standards in same range, quality and standard of free or place for public and private health care that affordable sexual and reproductive health ensure that persons with disability receive care and programmes as other persons the highest attainable health care without discrimination. •Persons with disability have access to the same range, quality and standard of •Discrimination on the ground of disability in population-based public health the provision of health insurance and life programmes as other persons. insurance is prohibited. Such insurance is available to persons with disability on a fair •Persons with disability have access to any and reasonable basis. specialist health services they require, including early identification and •Discriminatory denial of health care or health intervention services, and services designed services, or foods or fluids on the basis of to minimise or prevent further disability. disability, is prohibited.

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Article 25. Key issues

Issue Points to consider Do persons with disability enjoy • What is the highest attainable level of health care in the Australian the highest attainable standard context? Consider the issue both in terms of quality and breadth of of health? health care and services available. • Is there any difference in the quality and breadth of health care available to persons with disability as compared to others?

Do persons with disability • Is the health system accessible to all persons with disability? experience discrimination in any • Are any necessary adjustments made to ensure that persons with aspect of the health system? disability can effectively access health care and health services? • What are the attitudes of health professionals towards the health care needs of persons with disability, and their claims upon health resources? • Do persons with disability have access to the assistive technologies and live assistance they require to effectively access health care and health services? Are health services, including • Is the general health care system, and are general health care health-related rehabilitation services, accessible and responsive to women and girls with services, gender-sensitive? disability? • Are women’s health services accessible and responsive to women and girls with disability? • Are specialist health care services available, where necessary, to meet the specific needs of women and girls with disability? Do persons with disability have • Is the full range of free or affordable health care available to others access to the same range, quality available to persons with disability? and standard of free or affordable • Are health care services available to persons with disability of the health care and programmes as same quality and standard as those available to others? other persons? Do persons with disability have • Do persons with disability have access to the same range of sexual access to the same range, quality and reproductive health care services and programmes as are and standard of free or affordable available to others? sexual and reproductive health • Are those services available to persons with disability of the same care and programmes as other quality and standard as those available to others? persons?

Do persons with disability have • Are the needs and concerns of persons with disability factored into access to the same range, quality population-based public health programmes? and standard of population- • What do population-based statistics tell us about the effectiveness based public health programmes of population-health programmes in respect of persons with as other persons? disability (for example, what are smoking rates among persons with disability compared with the general population)? Do persons with disability have • What specialist health services do persons with disability require? access to any specialist health • Are these services available to persons with disability free of charge services they require, including or at an affordable cost? early identification and intervention services, and services designed to minimise or prevent further disability?

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Article 25. Key issues

Issue Points to consider Are comprehensive health services • What health care services are available at the local level, available in local communities, especially in rural areas? including in rural areas? • Is there any difference in the range and quality of health care available to persons with disability depending upon whether they live in a metropolitan or rural area?

Do health professionals provide the • What are the attitudes of health care professionals to the same quality of care to persons with health needs of persons with disability? disability as to others? • How knowledgeable and skilled are health care professionals in relation to the health care needs of persons with disability?

Are health professionals educated to • What education and training is provided to health care raise their awareness of the human professionals to sensitise them to the human rights, dignity and rights, dignity, autonomy and needs health care needs of persons with disability? of persons with disability? • How comprehensive is this training? Is it systematic? Is health care provided only on the • What policies and procedures are in place to ensure that basis of the free and informed healthcare is provided only on the basis of the free and consent of the person with disability informed consent of the person with disability being treated? receiving treatment? • Are there any situations in which health care is provided coercively, or without the genuine consent of the person with disability being treated? Are there ethical standards in place • What policies, procedures and standards are in place to ensure for public and private health care that persons with disability have access to high quality health that ensure that persons with care? disability receive the highest • What policies, procedures and standards are in place to prevent attainable health care without discrimination on the ground of disability in health care? discrimination? • Are these policies, procedures and standards adequate? Are they enforced?

Is discrimination on the ground of • Do persons with disability have access to health insurance and disability in the provision of health life insurance? insurance and life insurance • Under what terms and conditions is health insurance and life prohibited? Is such insurance insurance available? available to persons with disability • What are the policies and attitudes of insurance providers to on a fair and reasonable basis? persons with disability? Is the discriminatory denial of health • Does the law or policy prohibit the denial of health care or care or health services, or foods or health services on the basis of disability? fluids, on the basis of disability • Does the law or policy prohibit the denial of food or fluids on prohibited? the basis of disability? • Are any laws and policies in these areas adequate? Are they effectively enforced?

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ARTICLE 26: Commentary

This Article is an extension of the traditional rights to education, health, work, and social security and to habilitation and rehabilitation. Habilitation refers to the developmental acquisition of life skills by persons with lifelong disability, whereas 1. States Parties shall take effective and rehabilitation refers to the recovery of life skills by appropriate measures, including through peer persons who have acquired disability as a result of support, to enable persons with disabilities to trauma. State Parties are required to ensure the attain and maintain maximum independence, availability of comprehensive habilitation and full physical, mental, social and vocational rehabilitation services and programmes that will ability, and full inclusion and participation in enable persons with disability to attain and all aspects of life. To that end, States Parties maintain maximum independence and full shall organize, strengthen, and extend physical, mental, social and vocational ability. comprehensive habilitation and rehabilitation Peer supported habilitation and rehabilitation is services and programmes, particularly in the particularly emphasised. The Article places major areas of health, employment, education and emphasis on the participation and inclusion of social services, in such a way that these services persons with disability in all aspects of the life of and programmes: the community both during the process of (a) Begin at the earliest possible stage, and are habilitation and rehabilitation, and as an outcome based on the multidisciplinary assessment of it. State Parties are required to ensure that of individual needs and strengths; habilitation and rehabilitation services are (b) Support participation and inclusion in the available at the earliest possible time and are community and all aspects of society, are locally based, including in rural areas. The Article voluntary, and are available to persons with stresses the multidimensional nature of disabilities as close as possible to their own habilitation and rehabilitation by requiring that communities, including in rural areas. service delivery is based on the multidisciplinary 2. States Parties shall promote the development assessment of the person’s needs and strengths. of initial and continuing training for The Article makes it clear that habilitation and professionals and staff working in habilitation rehabilitation cannot be imposed coercively by and rehabilitation services. insisting that participation must be voluntary. 3. States Parties shall promote the availability, Paragraph 2 of the Article requires State Parties to knowledge and use of assistive devices and promote the development of initial and continuing technologies, designed for persons with training of habilitation and rehabilitation disabilities, as they relate to habilitation and professionals and other staff. Paragraph 3 requires rehabilitation. State Parties to promote the availability, knowledge of, and use of assistive devices and technologies that may facilitate habilitation and rehabilitation.

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Article 26. Human Rights Indicators

• Persons with disability have access to • Habilitation and rehabilitation services are habilitation and rehabilitation services that available to persons with disability in local will allow them to: communities, including in rural areas. • Attain and maintain maximum independence; • The participation of persons with disability • Full physical, mental, social and in habilitation and rehabilitation services is vocational ability; voluntary. • Full inclusion and participation in all aspects of life. • Habilitation and rehabilitation professionals and staff receive • Habilitation and rehabilitation services comprehensive initial and continuing begin at the earliest possible stage. education.

• Habilitation and rehabilitation services are • Persons with disability are informed about, based on the multidisciplinary assessment and have ready access to, assistive devices of the person’s individual needs and and technologies to assist them with strengths. habilitation and rehabilitation.

• Habilitation and rehabilitation services support persons with disability to participate and be included in the community, and in all aspects of society.

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Article 26. Key issues

Issue Points to consider Do persons with disability have • What habilitation and rehabilitation services are available to access to habilitation and persons with disability? rehabilitation services that will • How effective are these services in promoting the realisation of allow them to attain and maximum independence and potential? maintain: • Are they delivered in ways that facilitate the inclusion and • maximum independence; participation of persons with disability in community life? • Full physical, mental, social and vocational ability; and • Full inclusion and participation in all aspects of life? Is habilitation or rehabilitation • Are habilitation and rehabilitation services sufficient? available from the earliest • Are service models based on early intervention? possible stage? • What are their eligibility criteria? Is there a waiting period for access to these services?

Are habilitation and • How are habilitation and rehabilitation needs assessed? rehabilitation services based on • Is such assessment multidisciplinary in nature? Or is it limited to the multidisciplinary assessment medical aspects (for example)? of the person’s individual needs • Does it involve an assessment of both needs and strengths as a and strengths? basis for individual service plan development? Do habilitation and rehabilitation • Are habilitation and rehabilitation services based in the general services support persons with community (as opposed to institutional or medical settings)? disability to participate and be • Do habilitation and rehabilitation services assist persons with included in the community, and disability develop the skills they require for participation and in all aspects of society? inclusion in community life? Are habilitation and • Are habilitation and rehabilitation services locally based? rehabilitation services available • How does the availability and quality of habilitation and to persons with disability in local rehabilitation services vary between metropolitan and rural areas? communities, including in rural • Do persons with disability living in rural areas experience any areas? disadvantage in their access to habilitation and rehabilitation services? Is the participation of persons • What are the intake procedures for habilitation and rehabilitation with disability in habilitation and services? rehabilitation services voluntary? • Are there any instances in which persons with disability are forced to undertake habilitation or rehabilitation, or a particular form of it? Do habilitation and rehabilitation • What are the skills and qualifications of habilitation and professionals and staff receive rehabilitation professionals and other staff working in this field? comprehensive initial and • What is the scope and content of continuing education provided to continuing education? habilitation and rehabilitation professionals and other staff? • Are persons with disability encouraged and supported to work as habilitation and rehabilitation personnel? Are persons with disability • What sources of information are available to persons with informed about, and do they have disability in relation to habilitation and rehabilitation related ready access to, assistive devices assistive devices and technologies? and technologies to assist them • Are these information sources comprehensive, up-to-date, and with habilitation and easily accessible to persons with disability? rehabilitation? • Do habilitation and rehabilitation professionals and other staff have comprehensive and contemporary knowledge of assistive devices and technologies for persons with disability? • What is the cost and availability of these assistive devices and technologies?

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ARTICLE 27: (j) Promote the acquisition by persons with disabilities of work experience in the open labour market; (k) Promote vocational and professional rehabilitation, job-retention and return-to-work programmes for persons with disabilities; States Parties recognize the right of persons with disabilities to work, on an equal basis with others; this 2. States Parties shall ensure that persons with includes the right to the opportunity to gain a living disabilities are not held in slavery or in servitude by work freely chosen or accepted in a labour market and are protected, on an equal basis with others, and work environment that is open, inclusive and from forced or compulsory labour. accessible to persons with disabilities. States Parties shall safeguard and promote the realization of the right to work, including for those who acquire a Commentary disability during the course of employment, by taking appropriate steps, including through legislation, to, This Article applies the right of work and employment inter alia: to persons with disability. It requires State Parties to recognise the equal right of persons with disability to (a) Prohibit discrimination on the basis of disability freely chosen or accepted work in an open and with regard to all matters concerning all forms of inclusive labour market under just and fair conditions. employment, including conditions of recruitment, Reiterating the CRPD’s general prohibition on hiring and employment, continuance of discrimination on the ground of disability, the Article employment, career advancement and safe and specifically requires State Parties to prohibit healthy working conditions; discrimination in relation to all aspects of work and (b) Protect the rights of persons with disabilities, on employment, including conditions of recruitment, an equal basis with others, to just and favourable hiring, continuity of employment, career conditions of work, including equal opportunities advancement and occupational health and safety. and equal remuneration for work of equal value, Similarly, State Parties are specifically required to safe and healthy working conditions, including ensure that reasonable accommodation of disability protection from harassment, and the redress of related needs is provided in the workplace. State grievances; Parties are also required to ensure that persons with (c) Ensure that persons with disabilities are able to disability are protected from harassment in the exercise their labour and trade union rights on an workplace, have effective avenues for the redress of equal basis with others; work-related grievances, and are able to exercise their (d) Enable persons with disabilities to have effective labour and trade union rights on an equal basis with access to general technical and vocational others. The Article requires State Parties to ensure guidance programmes, placement services and that persons with disability have access to vocational and continuing training; comprehensive employment-related support services (e) Promote employment opportunities and career and education and training, including vocational advancement for persons with disabilities in the training, vocational guidance, work-experience, labour market, as well as assistance in finding, jobseeker and placement services, placement support obtaining, maintaining and returning to and job retention services, and return to work employment; rehabilitation and other support services. (f) Promote opportunities for self-employment, Additionally, State Parties are required to promote entrepreneurship, the development of self-employment, work cooperatives, cooperatives and starting one’s own business; entrepreneurship, and personal business (g) Employ persons with disabilities in the public opportunities for persons with disability. State Parties sector; are also required to lead by example by providing (h) Promote the employment of persons with employment for persons with disability in the public disabilities in the private sector through sector, and to promote their employment in the appropriate polices and measures, which may private sector by adopting policies and measures such include affirmative action programmes, as affirmative action programmes and incentives. incentives and other measures; Paragraph 2 of the Article requires State Parties to (i) Ensure that reasonable accommodation is ensure that persons with disability are effectively provided to persons with disabilities in the protected from slavery and servitude and from forced workplace; and compulsory labour on an equal basis with others.

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Article 27. Human rights indicators

• Persons with disability have access to work • Career opportunities and career on an equal basis with others. advancement for persons with disability are promoted. • Persons with disability have the opportunity to gain a living in a freely chosen or • Persons with disability are provided with accepted labour market and work assistance to find, obtain, maintain and environment. return to employment.

• Persons with disability have access to open, • Opportunities for self-employment, inclusive and accessible employment. entrepreneurship, development of cooperatives and personal enterprises are • Discrimination on the ground of disability is promoted to persons with disability. prohibited in all forms and aspects of employment, including: • Persons with disability are employed in the • Conditions of recruitment; public sector. • Hiring and employment; • Continuity of employment; • There are policies and measures (such as • Career advancement; affirmative action and incentives), which • Safe and healthy working conditions. promote employment of persons with disability in the private sector. • Persons with disability have access to just and favourable conditions of work on an • Persons with disability have access to equal basis with others. This includes reasonable accommodation of their • Equal opportunities of work; impairment and disability related needs in • Equal remuneration for work of equal the workplace. value; • Safe and healthy working conditions, • Persons with disability have access to work including protection from harassment; experience in the open labour market. • The redress of grievances. • Vocational and professional rehabilitation, • Persons with disability exercise their labour job-retention and return-to-work and trade union rights on an equal basis programmes for persons with disability with others. are promoted.

• Persons with disability have effective access • Persons with disability are not held in to general technical and vocational slavery or in servitude and are protected guidance programmes, placement services from forced or compulsory labour on an and vocational and continuing training. equal basis with others.

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Article 27. Key issues

Issue Points to consider Do persons with disability have • What are the employment rates for persons with disability, and access to work on an equal basis how do these compare with employment rates for the general with others? population? • Are there differences in work outcomes for persons with disability in terms of employment status (for example, part-time, casual, permanence), remuneration, seniority, career advancement etc as compared to others? Do persons with disability have the • Do persons with disability have the same work choices that are opportunity to gain a living in a available to other persons? freely chosen or accepted labour • What factors, if any, limit the employment choices available to market and work environment? persons with disability? • Are persons with disability obliged (or forced) to work in any particular work environment? Do persons with disability have • Is employment available to persons with disability in the access to open, inclusive and mainstream labour market? accessible employment? • What are the barriers, if any, to the employment of persons with disability in the mainstream labour market? • Are specialist employment services structured and delivered so as to support persons with disability to be included in the mainstream labour market? Is discrimination on the ground of • Do persons with disability experience discrimination in any disability prohibited in all forms aspect of employment? and aspects of employment, • Is discrimination on the ground of disability prohibited under the including: law? • Conditions of recruitment; • How comprehensive and effective are such prohibitions? Are they • Hiring and employment; effectively enforced? • Continuity of employment; • Career advancement; • Safe and healthy working conditions? Do persons with disability have • What conditions of employment are available to persons with access to just and favourable disability? conditions of work on an equal • Do persons with disability have the same opportunities as others basis with others, including: in terms of employment status, job choice and career • Equal opportunities of work; advancement? • Equal remuneration for work of • How are persons with disability remunerated? Are remuneration equal value; levels equivalent to other persons? What accounts for any • Safe and health working variation? conditions, including protection • Are persons with disability effectively protected from workplace from harassment; harassment? • The redress of grievances? • How safe and healthy are working conditions for persons with disability? • What avenues are available for persons with disability to seek resolution of workplace grievances? How effective are these avenues?

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Article 27. Key issues

Issue Points to consider Are persons with disability able to • What workplace rights do persons with disability have? Are these exercise their labour and trade equivalent to others? union rights on an equal basis • Do persons with disability have the right and opportunity to join with others? trade unions? • Are trade unions accessible and responsive to the workplace needs of persons with disability?

Do persons with disability have • How accessible and inclusive are general technical and vocational effective access to general guidance programmes to persons with disability? technical and vocational guidance • How accessible and inclusive are job placement services? programmes, placement services • Is general vocational and continuing training accessible and and vocational and continuing inclusive of persons with disability? training? Are career opportunities and • Are persons with disability encouraged to seek career career advancement for persons advancement? with disability promoted? • What practical supports and opportunities are available to persons with disability to develop credentials for career progression? • Are criteria for career progression free from discrimination on the ground of disability? Are persons with disability • What job search support is available to persons with disability? provided with assistance to find, • What supports and incentives (for example, assistance with obtain, maintain and return to workplace adjustments, or to meet extra costs associated with employment? workforce participation) are available to persons with disability? • What ‘on-the-job’ supports and training are available to persons with disability? • What ‘return-to-work’ policies apply to persons with disability who acquire impairment or disability? Are opportunities for self- • Are there policies and programmes that promote self-employment employment, entrepreneurship, and cooperatives for persons with disability? development of cooperatives and • Are there policies and programmes that assist persons with personal enterprises promoted to disability to develop business and entrepreneurial skills? persons with disability? Are persons with disability are • What are the rates of employment of persons with disability in the employed in the public sector? public sector? • Are there any specific policies and programmes to promote and support the employment of persons with disability in the public sector?

Are there are policies and • What policies and programmes are available, if any, to promote measures (such as affirmative the employment of persons with disability by the private sector? action and incentives) that • What services are available, if any, to promote and support the promote employment of persons employment of persons with disability in the private sector? with disability in the private • How effective are these measures? sector?

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Article 27. Key issues

Issue Points to consider Do persons with disability • What services and supports are available to meet the impairment and have access to reasonable disability-related needs of persons with disability in the workplace? accommodation of their • Are employers obliged by law to provide reasonable accommodation of impairment and disability- the impairment and disability-related needs of employees and related needs in the prospective employees? workplace? • Are any such obligations effectively enforced? Do persons with disability • What work-experience programmes are available to persons with have access to work disability in the open labour market? experience in the open labour • Are apprenticeships, internships, and vocational placements available market? to persons with disability on an equal basis with others? • Are there any specific apprenticeship, internship, or vocational placement programmes designed for persons with disability? Are vocational and • What efforts are made to promote the availability of, and access to, professional rehabilitation, vocational and professional rehabilitation programs for persons with job-retention and return-to- disability? work programs for persons • What efforts are made to promote the availability of, and access to, with disability promoted? return to work programs for persons with disability? • How effective is such promotion? Are persons with disability • Are there any situations where persons with disability are subject to held in slavery or in slavery or servitude? servitude? Are they protected • Are there any situations where persons with disability are subject to from forced or compulsory forced or compulsory labour? labour on an equal basis with • What protection is available to persons with disability against slavery others? and servitude? Are these protections effective?

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ARTICLE 28: Commentary

This Article applies and extends the traditional rights to an adequate standard of living and social security to persons with disability. States are required to recognise the right of persons with disability to an adequate standard of living for themselves and for their families, which includes access to adequate food, clothing and housing. Significantly, the Article emphasises the right to 1. States Parties recognize the right of persons continuous improvement of living conditions with disabilities to an adequate standard of without discrimination on the ground of disability. living for themselves and their families, Paragraph 2 of the Article requires State Parties to including adequate food, clothing and housing, recognise the right of persons with disability to and to the continuous improvement of living social protection and poverty reduction. ‘Social conditions, and shall take all appropriate steps protection’ is a new concept, at least so far as core to safeguard and promote the realization of this United Nations human rights instruments are right without discrimination on the basis of concerned, and appears to be more expansive than disability. the concept of ‘social security’ incorporated into earlier instruments. State Parties are required to 2. States Parties recognize the right of persons safeguard and promote the right to social with disabilities to social protection and to the protection by ensuring that persons with disability enjoyment of that right without discrimination have equal access to clean water, to public housing, on the basis of disability, and shall take and to appropriate and affordable services, assistive appropriate steps to safeguard and promote the devices and other assistance for disability-related realisation of this right, including measures: needs. State Parties are also required to provide persons with disability living in poverty with access (a) To ensure equal access by persons with to poverty reduction programmes. This includes the disabilities to clean water services, and public provision of financial assistance, particularly ensure access to appropriate and affordable in relation to disability-related expenses, education services, devices and other assistance for and support services. State Parties must also ensure disability-related needs; that older persons with disability have access on an equal basis with others to retirement benefits and (b) To ensure access by persons with programmes, and to social protection. Reiterating disabilities, in particular women and girls the obligations imposed by Article 6: Women with with disabilities and older persons with Disabilities, this Article requires State Parties to disabilities, to social protection programmes ensure the social protection of women and girls and poverty reduction programmes with disability. (c) To ensure access by persons with disabilities and their families living in situations of poverty to assistance from the State with disability-related expenses, including adequate training, counselling, financial assistance and respite care;

(d) To ensure access by persons with disabilities to public housing programmes;

(e) To ensure equal access by persons with disabilities to retirement benefits and programmes.

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Article 28. Human Rights Indicators

•Persons with disability have access to an •Persons with disability have access to social adequate standard of living for themselves protection and poverty reduction and their families, including adequate food, programmes. In particular, women and girls clothing and housing, without with disability, and older persons with discrimination on the ground of disability. disability, have access to social protection and poverty reduction programmes. •Persons with disability enjoy continuous improvement of living conditions without •Persons with disability and their families discrimination on the ground of disability. living in situations of poverty have access to assistance with disability-related expenses. •Persons with disability have access to social protection without discrimination on the •Persons with disability have access to public ground of disability. housing programmes.

•Persons with disability have access to clean •Persons with disability have access to water. retirement benefits and programmes.

•Persons with disability have access to appropriate and affordable services, devices and other assistance for disability-related needs.

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Article 28. Key issues

Issue Points to consider Do persons with disability have • What standard of living do persons with disability and their families access to an adequate standard enjoy? How does this compare with the standard of living available of living for themselves and to others? their families, including • Do persons with disability and their families have access to adequate adequate food, clothing and food, clothing and housing? housing, without discrimination • Does discrimination affect the standard of living experienced by on the ground of disability? persons with disability and their families? Do persons with disability enjoy • Is there evidence of continuous improvement in the living conditions continuous improvement of of persons with disability? living conditions without • How does the rate of any such improvement compare with the rate of discrimination on the ground of improvement in the living standards of others? disability? • Are there any instances where the living conditions of persons with disability have declined or regressed? Do persons with disability have • Is there a social ‘safety net’ to protect persons with disability from access to social protection poverty? without discrimination on the • How effective is this safety net? ground of disability? • Is the social ‘safety net’ equivalent to the protection available to others? • Is this safety net compromised in any way by discrimination on the ground of disability? Do persons with disability have • Do persons with disability have access to clean water irrespective of access to clean water? where they live? Do persons with disability have • What services, assistive devices, equipment and other assistance is access to appropriate and available for persons with disability? affordable services, devices and • How accessible is such assistance? (for example, is there unmet other assistance for disability- demand for such assistance, and are there restrictive eligibility related needs? criteria?) • What is the cost of these measures to persons with disability and their families? Do persons with disability have • What social ‘safety net’ and poverty reduction programmes are access to social protection and available to persons with disability? poverty reduction programmes? • How comprehensive and effective are these programmes? In particular, do women and • Are these programmes available to women and girls and older girls with disability, and older persons with disability? persons with disability, have • Are there specialised programmes for these groups? access to social protection and poverty reduction programmes? Do persons with disability and • What programmes and services are available to assist persons with their families living in disability and their families meet the extra costs of disability? situations of poverty have • Who is eligible for this assistance? access to assistance with • How accessible is such assistance? disability-related expenses? Do persons with disability have • Are persons with disability eligible for public social housing access to public housing programmes? programmes? • How available is public housing to persons with disability, in terms of waiting periods, locations etc? • Is public social housing accessible and otherwise ‘fit-for-purpose’ for persons with disability? Do persons with disability have • What retirement benefits and programmes are available to persons access to retirement benefits with disability? and programmes? • Who is eligible for this assistance? • How accessible is such assistance?

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ARTICLE 29: Commentary

This Article applies traditional political rights to persons with disability on an equal basis with others. In order to realise these rights, State Parties must ensure that persons with disability can effectively and fully participate in political and States Parties shall guarantee to persons with public life either directly or through freely chosen disabilities political rights and the opportunity to representatives without discrimination. Persons enjoy them on an equal basis with others, and shall with disability must be able to effectively hold undertake to: office and perform all public functions at all levels of government. To facilitate this, State Parties must (a) Ensure that persons with disabilities can ensure access to assistive and new technologies effectively and fully participate in political and where required. Voting must be available to persons public life on an equal basis with others, directly with disability by secret ballot, be free from or through freely chosen representatives, intimidation, and voting procedures, facilities and including the right and opportunity for persons materials must be accessible and easy to with disabilities to vote and be elected, inter understand. Persons with disability who require alia, by: assistance to vote must be permitted to obtain such (i) Ensuring that voting procedures, facilities assistance from a person of their choice. State and materials are appropriate, accessible Parties must also actively promote an environment and easy to understand and use; in which persons with disability can effectively and (ii) Protecting the right of persons with fully participate in the conduct of public affairs. disabilities to vote by secret ballot in This includes an obligation to encourage the elections and public referendums without participation of persons with disability in non- intimidation, and to stand for elections, to governmental organisations and associations effectively hold office and perform all concerned with public and political life. It also public functions at all levels of government, includes the obligation to encourage the formation facilitating the use of assistive and new and participation of persons with disability in technologies where appropriate; representative organisations at the international, (iii) Guaranteeing the free expression of the will national, regional and local levels. 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;

(b) 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: (i) 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; (ii) Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.

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Article 29. Human Rights Indicators

•Persons with disability effectively and fully •Persons with disability can effectively and participate in political and public life on an fully participate in the conduct of public equal basis with others, directly or through affairs on an equal basis with others without freely chosen representatives. discrimination.

•Voting procedures, facilities and materials •Participation of persons with disability in are accessible to persons with disability. public affairs is encouraged.

•Persons with disability are able to vote by •Persons with disability are encouraged to secret ballot in elections and public participate in non-governmental referendums. organisations and associations concerned with public and political life, and in the •Persons with disability are able to vote in activities and administration of political elections and public referendums without parties. intimidation. •Persons with disability are encouraged to •Persons with disability are able to stand for form and join organisations of persons with election, to effectively hold office, and disability to represent them at the perform all public functions at all levels of international, national, regional and local government. levels.

•Persons with disability have access to a personal assistant of their choice to assist in voting.

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Article 29. Key issues

Issue Points to consider Are persons with disability • How many people with disability participate in political and public life? able to effectively and fully • Are persons with disability appointed to public office? participate in political and • What are the barriers to such participation, if any? public life on an equal basis • Do persons with disability take active part in democratic processes, for with others, directly or example, in the selection and ‘testing’ of candidates for political office? through freely chosen representatives?

Are voting procedures, • Are voting venues physically accessible to persons with disability? facilities and materials • Are voting booths physically accessible? accessible to persons with • Is voter information available in accessible formats (such as Braille, Large disability? Print and Easy-English)? • Is live assistance available for persons with disability (such as sign language interpreters) at voting venues? • What other adjustments are available to ensure that persons with disability can vote?

Are persons with disability • Are all persons with disability, including those who are blind and those able to vote by secret ballot who have severe physical disability, able to vote by secret ballot? (That in elections and public is, cast and verify their vote independently). referendums? • What assistive technologies are available to enable them to do so? Is such technology available in all locations? • What are the barriers, if any, to them doing so?

Are persons with disability • Are persons with disability able to cast their vote without interference, able to vote in elections and undue influence, or intimidation? public referendums without • What safeguards are in place to prevent such interference? intimidation? Are persons with disability • Does impairment or disability ever disqualify a person from participating able to stand for election, to in political and public life? effectively hold office, and • How do the ‘demands’ of political and public life impact on the capacity perform all public functions of persons with disability to hold political and public office? at all levels of government? • What impairment and disability-related adjustments are available to assist persons with disability to participate on an equal basis with others?

Do persons with disability • Do voting procedures allow persons with disability to utilise a personal have access to a personal assistant, if required, in order to cast their vote? assistant of their choice, • What are the rules relating to the provision and utilisation of such where required, to assist in assistance, if any? voting?

Are persons with disability • Are persons with disability able to participate in democratic processes able to effectively and fully and public-policy making processes on an equal basis with others? participate in the conduct • What are the barriers to such participation, if any? of public affairs on an equal • What impairment and disability-related adjustments are available to basis with others without assist persons with disability to participate on an equal basis with discrimination? others?

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Article 29. Key issues

Issue Points to consider Is the participation of persons • What measures are in place, if any, to encourage persons with with disability in public affairs disability to participate in democratic and public policy making encouraged? processes? • How comprehensive and effective are these measures? Do they apply to all persons with disability, or to some impairment groups, but not others? Are persons with disability • What measures are in place to encourage persons with disability to encouraged to participate in participate in non-governmental organisations and associations non-governmental formed to participate in democratic and public policy making organisations and associations processes? concerned with public and • What measures are in place to prevent discrimination against political life, and in the activities persons with disability by these organisations and associations? and administration of political • What impairment and disability-related adjustments are available to parties? assist persons with disability to participate on an equal basis with others? Are persons with disability • What public support is available for representative organisations of encouraged to form and join and for persons with disability? organisations of persons with • Does the level of support facilitate these organisations playing an disability to represent them at effective representative role at the international, national, regional the international, national, and local levels? regional and local levels? • What level of recognition is accorded these organisations in public policy making processes? • Are persons with disability otherwise encouraged to participate in such organisations?

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ARTICLE 30: 5. With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures:

(a) To encourage and promote the participation, to the fullest extent possible, 1. States Parties shall recognize the right of of persons with disabilities in mainstream persons with disabilities to take part on an sporting activities at all levels; equal basis with others in cultural life, and shall (b) To ensure that persons with disabilities take all appropriate measures to ensure that have an opportunity to organize, develop persons with disabilities: and participate in disability-specific sporting and recreational activities and, to (a) Enjoy access to cultural materials in this end, encourage the provision, on an accessible formats; equal basis with others, of appropriate (b) Enjoy access to television programmes, instruction, training and resources; films, theatre and other cultural activities, (c) To ensure that persons with disabilities in accessible formats have access to sporting, recreational and (c) Enjoy access to places for cultural tourism venues; performances or services, such as theatres, (d) To ensure that children with disabilities museums, cinemas, libraries and tourism have equal access with other children to services, and, as far as possible, enjoy access participation in play, recreation and leisure to monuments and sites of national cultural and sporting activities, including those importance. activities in the school system; (e) To ensure that persons with disabilities 2. States Parties shall take appropriate measures have access to services from those involved to enable persons with disabilities to have the in the organization of recreational, tourism, opportunity to develop and utilize their leisure and sporting activities. creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society.

3. States Parties shall take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials.

4. Persons with disabilities shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture.

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Commentary

This Article applies and extends traditional Article 30. rights in relation to cultural life, recreation and leisure to persons with disability. State Parties Human Rights Indicators must recognise the right of persons with disability to take part in the cultural life of community on •Persons with disability take part in cultural life an equal basis with others. In order to facilitate on an equal basis with others. this, State Parties must ensure that cultural materials, television programmes, films, theatre •Cultural materials are available in accessible and other cultural activities are available in formats. accessible formats. In this respect, paragraph 3 of •Persons with disability have access to television the Article requires State Parties to take all programmes, films, theatre and other cultural appropriate steps to ensure that intellectual activities in accessible formats. property rights do not constitute an unreasonable or discriminatory barrier to access •Persons with disability have access to places of by persons with disability to cultural materials. cultural performances or services, such as State Parties must also ensure that premises and theatres, museums, cinemas, libraries and facilities associated with cultural performances tourism services. and services, such as theatres, museums, cinemas, •Persons with disability have access, as far as libraries and tourism services are accessible to possible, to monuments and sites of national persons with disability. Additionally, State Parties cultural importance. must ensure, as far as possible, that persons with •Persons with disability have the opportunity to disability have access to monuments and sites of develop and utilise their creative, artistic and national cultural importance. Paragraph 2 of the intellectual potential. Article focuses on the potential and contribution of persons with disability to the cultural life of the •Intellectual property rights do not constitute an community. State Parties are required to take unreasonable or discriminatory barrier to access appropriate measures to enable persons with to cultural materials for persons with disability. disability to develop and utilise their creative, •The specific cultural and linguistic identity of artistic and intellectual potential, not only for persons with disability, including sign their own benefit, but also for the enrichment of languages and Deaf culture, is recognised. society. Paragraph 4 goes further, requiring State Parties to recognise, where applicable, the specific •Persons with disability participate in cultural and linguistic identity of persons with recreational, leisure and sporting activities on disability, including in particular, sign languages an equal basis with others. and Deaf culture. Paragraph 5 of the Article •The participation to the fullest extent possible requires State Parties to take all appropriate of persons with disability in mainstream measures to ensure that persons with disability sporting activities at all levels is encouraged can participate on an equal basis with others in and promoted. recreational, leisure and sporting activities. This includes the obligation to encourage persons with •Persons with disability have the opportunity disability to participate in mainstream sport at all and capacity to organise, develop and levels, and well as to ensure that persons with participate in disability-specific sporting and disability have the opportunity to organise and recreational activities. participate in disability-specific sporting and •Persons with disability have access to sporting, recreational activities. In order to realise these recreational and tourism venues. rights, State Parties must ensure that persons •Children with disability have equal access with with disability have access to appropriate other children to participation in play, instruction, training and resources, and to recreation and leisure and sporting activities. recreation, tourism, leisure and sporting services. State Parties must also ensure that children with •Persons with disability have access to services disability have equal access with other children to from those involved in the organisation of participation in play, recreation and leisure and recreation, tourism, leisure and sporting sporting activities, both within and outside the activities. school system.

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Article 30. Key issues

Issue Points to consider Are persons with disability • What opportunities exist for persons with disability to participate in the able to take part in cultural life of the community? cultural life on an equal • What are the barriers, if any, to such participation? basis with others? • What impairment and disability-related adjustments are available to assist persons with disability to participate on an equal basis with others?

Are cultural materials • Are cultural materials, such as literature and art, available in accessible available in accessible formats? formats? • What are the barriers to the accessibility of such materials, if any? • What impairment and disability-related adjustments are available to assist persons with disability to access cultural materials on an equal basis with others?

Are persons with disability • What impairment and disability related adjustments are available to assist able to access television persons with disability to enjoy television programmes, films, theatre and programmes, films, other cultural activities? theatre and other cultural • How comprehensive and effective are these adjustments? activities in accessible formats?

Do persons with disability • Are venues and facilities for cultural performances and services accessible have access to places of to persons with disability? cultural performances or • Are they physically accessible? services, such as theatres, • Do they have appropriate and effective signage and way finding aids? museums, cinemas, • Is personal assistance available, if required? libraries and tourism • Is sign language interpreting available, if required? services?

Do persons with disability • Are all persons with disability able to access cultural monuments and other have access, as far as sites of national cultural importance? possible, to monuments • What are the barriers to access, if any? and sites of national • What impairment and disability-related adjustments are available to assist cultural importance? persons with disability to obtain access on equal basis with others?

Do persons with disability • What opportunities exist for persons with disability to develop and utilise have the opportunity to their creative, artistic and intellectual potential? develop and utilise their • How comprehensive are these opportunities? Are they potentially creative, artistic and accessible to all persons with disability in all locations? intellectual potential? • What is the level of public financial and other support available for such initiatives?

Do intellectual property • What is the impact of intellectual property rights on access to cultural rights constitute an materials for persons with disability? unreasonable or • What measures are in place to overcome any barriers to access to cultural discriminatory barrier to materials created by intellectual property rights? access to cultural • How comprehensive and effective are these measures? materials for persons with disability?

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Article 30. Key issues

Issue Points to consider Is the specific cultural and • Is there official recognition of sign languages? linguistic identity of persons • Is there public recognition and support for deaf culture? with disability, including sign • What other aspects of the specific cultural and linguistic identity of languages and deaf culture, persons with disability (or particular impairment groups) is recognised? recognised? Do persons with disability • What opportunities are available for persons with disability to participate in recreational, participate in recreation, leisure and sport? leisure and sporting activities • What are the actual participation rates of persons with disability in on an equal basis with others? recreational, leisure and sporting activity? • What impairment and disability-related adjustments are available to assist persons with disability to participate on equal basis with others?

Is the participation to the • Is the participation of persons with disability encouraged in fullest extent possible of mainstream sporting activities? At what levels? persons with disability in • What are the barriers to such participation? mainstream sporting activities • What is the level and type of public and other support available for at all levels encouraged and such participation? promoted? • What impairment and disability-related adjustments are available to assist persons with disability to participate on equal basis with others?

Do persons with disability • What opportunities exist for persons with disability to participate in have the opportunity and disability specific sporting and recreational activities? capacity to organise, develop • What is the level and type of public and other support available for and participate in disability- such participation? specific sporting and recreational activities?

Do persons with disability • Are sporting, recreational and tourism venues and facilities accessible have access to sporting, to persons with disability? recreational and tourism • Are they physically accessible? venues? • Do they have appropriate and effective signage and way finding aids? Is personal assistance available, if required? • Is sign language interpreting available, if required?

Do children with disability • What opportunities are available for children with disability to have equal access with other participate in play, recreation and leisure and sporting activities? children to participation in • Are these opportunities available to children with disability on an play, recreation and leisure equal basis with other children? and sporting activities? • Do such opportunities support the participation and inclusion of children with disability in community life, alongside other children?

Do persons with disability Are recreation, tourism, leisure and sporting-related services (for have access to services from example, ticketing, transport, guides) accessible to persons with those involved in the disability on an equal basis with others? organisation of recreation, What impairment and disability-related adjustments are available to tourism, leisure and sporting assist persons with disability to access these services on an equal basis activities? with others?

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ARTICLE 31: Commentary

This Article requires State Parties to collect statistical and research data that will enable them to formulate, implement, monitor and evaluate policies and programmes to give effect to the CRPD. The process of collecting such information must 1. States Parties undertake to collect appropriate comply with human rights and other ethical information, including statistical and research safeguards. The Article also requires this data to be data, to enable them to formulate and broken down in various ways (for example, implement policies to give effect to the present according to gender, age, geographical location, or Convention. The process of collecting and impairment group) so as to enable it to be used to maintaining this information shall: assess the effectiveness of implementation efforts in any particular area or with respect to a particular (a) Comply with legally established safeguards, group. Additionally, State Parties must ensure that including legislation on data protection, to this information is disseminated to persons with ensure confidentiality and respect for the disability in accessible formats and to other privacy of persons with disabilities; interested persons.

(b) Comply with internationally accepted norms to protect human rights and fundamental freedoms and ethical principles in the collection and use of statistics. Article 31. 2. The information collected in accordance with Human Rights this article shall be disaggregated, as appropriate, and used to help assess the implementation of States Parties’ obligations Indicators under the present Convention and to identify and address the barriers faced by persons with • Statistical and research data is collected disabilities in exercising their rights. to assist in the formulation and implementation of policies to give effect 3. States Parties shall assume responsibility for to the CRPD. the dissemination of these statistics and ensure their accessibility to persons with disabilities • Information collection processes comply and others. with human rights and ethical safeguards, including in relation to the confidentiality of personal information.

• Information is disaggregated so as to enable it to be used to assess the effectiveness of CRPD implementation efforts in a particular area or with respect to a particular group.

• Statistical and research data is disseminated to persons with disability in accessible formats, and to interested others.

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Article 31. Key issues

Issue Points to consider Is statistical and research data • What statistical information is collected in relation to CRPD rights? collected to assist in the • What research is conducted in relation to CRPD rights? formulation and • How is any such information used to formulate and implement policies implementation of policies to to give effect to the CRPD? give effect to the CRPD? Do information collection • What privacy protections are associated with data collection and processes comply with human research in relation to CRPD rights? rights and ethical safeguards, • What other human rights and ethical safeguards surround these including in relation to the processes? confidentiality of personal • How adequate are these safeguards? information?

Is information disaggregated • How is statistical information disaggregated? so as to enable it to be used to • Does it enable accurate assessment of the success of CRPD assess the effectiveness of implementation efforts with respect to particular issues or groups? CRPD implementation efforts in a particular area or with respect to a particular group? Is statistical and research data • Is statistical and research data concerning CRPD implementation made disseminated to persons with publicly available? disability in accessible • Is it disseminated to persons with disability specifically? formats, and to interested • Is it made available in formats accessible to persons with disability? others?

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ARTICLE 32: Commentary

This Article requires State Parties to recognise the importance of, and support, international cooperation by governments, international and regional organisations, and civil society in efforts to implement the CRPD. International cooperation 1. States Parties recognize the importance of could include ensuring that international international cooperation and its promotion, in development programmes are inclusive of persons support of national efforts for the realization of with disability, sharing best practice information, the purpose and objectives of the present experience and training to build capacity to Convention, and will undertake appropriate and implement the CRPD, and providing access to effective measures in this regard, between and research, and scientific and technical knowledge. among States and, as appropriate, in The aim of these efforts is to enable each State partnership with relevant international and Party to fulfil its obligations under the CRPD. regional organizations and civil society, in particular organizations of persons with disabilities. Such measures could include, inter alia: Article 32.

(a) Ensuring that international cooperation, Human Rights including international development programmes, is inclusive of and accessible Indicators to persons with disabilities; • The importance of international cooperation for the realisation of the (b) Facilitating and supporting capacity- purpose and objectives of the CRPD is building, including through exchange and recognised and promoted. sharing of information, experiences, training programmes and best practices; • International cooperation is undertaken in partnership with civil society, in particular (c) Facilitating cooperation in research and with organisations of persons with disability. access to scientific and technical knowledge; • International development programmes are inclusive of and accessible to persons (d) Providing, as appropriate, technical and with disability. economic assistance, including by facilitating access to and sharing of • Capacity to implement the CRPD is built by accessible and assistive technologies, and engaging in the sharing and exchange of information and experience, training and through the transfer of technologies. best practice with other nations.

2. The provisions of this article are without • Capacity to implement the CRPD is built by prejudice to the obligations of each State Party sharing and exchanging information, to fulfil its obligations under the present experience, training and best practice with Convention. other nations.

• Capacity to implement the CRPD is built by providing economic and technical assistance to other nations. Such assistance includes the provision of access to, and the sharing of, accessible and assistive technologies.

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Article 32. Key issues

Issue Points to consider

Does Australia recognise and • What is the attitude of the Australian Government to international promote the importance of cooperation aimed at building capacity to implement the CRPD? international cooperation for • What is the extent of such cooperation? the realisation of the purpose and objectives of the CRPD?

Is civil society involved as a • Is civil society involved in the development of policies and partner in international programmes in the area of international cooperation? cooperation efforts? • Is civil society supported to participate in international cooperation activities? • To what extent are civil society organisations of persons with disability involved in international cooperation?

Does Australia ensure that its • How accessible and inclusive of persons with disability are Australia’s international development international development and humanitarian assistance programmes are inclusive of, programmes? and accessible to, persons with • How are disability-related measures incorporated into Australia’s disability? international development and humanitarian assistance programmes? • Are any disability-related measures consistent with the human rights approach articulated by the CRPD?

Does Australia build capacity • What forms of capacity building does Australia engage in? to implement the CRPD by • How extensive is any such cooperation? engaging in the sharing and • Do such exchanges develop capacity both within Australia and within exchange of information and other countries? experience, training and best practice with other nations?

Does Australia build capacity • Does Australia cooperate in research aimed at improving CRPD to implement the CRPD by implementation efforts? facilitating cooperation in • Does Australia facilitate access to scientific and technical knowledge research and access to aimed at improving CRPD implementation efforts? scientific and technical • How extensive is any such cooperation? knowledge with other • Do such exchanges develop capacity both within Australia and within nations? other countries?

Does Australia build capacity • Does Australia provide economic and technical assistance to other to implement the CRPD by nations to build capacity to implement the CRPD? providing economic and • Does such assistance include the provision of access to, and the sharing technical assistance to other of, accessible and assistive technologies? nations? • How extensive is any such cooperation? • Do such exchanges develop capacity both within Australia and within other countries?

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ARTICLE 33: Commentary

This Article requires State Parties to designate focal points and coordination mechanisms within government to facilitate cross-sectoral CRPD implementation efforts. It also requires State Parties to designate or establish independent monitoring mechanisms to oversee implementation of the 1. States Parties, in accordance with their system of CRPD. These monitoring mechanisms are to comply organization, shall designate one or more focal with the Principles relating to the status and points within government for matters relating to functioning of national institutions for the promotion the implementation of the present Convention, and protection of human rights (also known as the and shall give due consideration to the Paris Principles)54 so as to ensure their independence. establishment or designation of a coordination The Article requires State Parties to ensure that civil mechanism within government to facilitate related society, and persons with disability and their action in different sectors and at different levels. representative organisations in particular, are fully involved in the monitoring process. 2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent Article 33. mechanisms, as appropriate, to promote, protect, and monitor implementation of the present Human rights Convention. When designating or establishing such a mechanism, State sParties shall take into indicators account the principles relating to the status and functioning of national institutions for protection •There are designated focal points and and promotion of human rights. coordination mechanisms within government to facilitate cross-sectoral 3. Civil society, in particular persons with disabilities CRPD implementation. and their representative organizations, shall be •An independent monitoring mechanism involved and participate fully in the monitoring to oversee implementation of the CRPD, process. which complies with the Paris Principles has been designated or established. •Persons with disability are fully involved, 54 United Nations General Assembly A/RES/48/134 85th plenary and participate, in national monitoring of meeting, 20 December 1993 implementation of the CRPD.

Article 32. Key issues Issue Points to consider Has Australia designated focal points • What focal points have been established? and coordination mechanisms within • What coordination mechanisms have been established? government to facilitate cross- • What is their scope? sectoral CRPD implementation? • How effective are they? Has Australia designated or • What is the independent monitoring mechanism designated or established an independent established to oversee implementation of the CRPD? monitoring mechanism to oversee • Does this monitoring mechanism comply with the Paris implementation of the CRPD? Principles?? Are persons with disability fully • To what extent are persons with disability involved in national involved in national monitoring of monitoring of implementation of the CRPD? implementation of the CRPD? • How are persons with disability involved in national monitoring efforts?

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members elected at the first election shall expire ARTICLE 34: at the end of two years; immediately after the first election, the names of these six members shall be chosen by lot by the chairperson of the meeting referred to in paragraph 5 of this article. 8. The election of the six additional members of the Committee shall be held on the occasion of regular elections, in accordance with the 1. There shall be established a Committee on the relevant provisions of this article. Rights of Persons with Disabilities (hereafter 9. If a member of the Committee dies or resigns or referred to as “the Committee”), which shall declares that for any other cause she or he can carry out the functions hereinafter provided. no longer perform her or his duties, the State 2. The Committee shall consist, at the time of Party which nominated the member shall entry into force of the present Convention, of appoint another expert possessing the twelve experts. After an additional sixty qualifications and meeting the requirements set ratifications or accessions to the Convention, out in the relevant provisions of this article, to the membership of the Committee shall serve for the remainder of the term. increase by six members, attaining a maximum 10. The Committee shall establish its own rules of number of eighteen members. procedure. 3. The members of the Committee shall serve in 11. The Secretary-General of the United Nations their personal capacity and shall be of high shall provide the necessary staff and facilities moral standing and recognized competence for the effective performance of the functions of and experience in the field covered by the the Committee under the present Convention, present Convention. When nominating their and shall convene its initial meeting. candidates, States Parties are invited to give due 12. With the approval of the General Assembly, the consideration to the provision set out in article members of the Committee established under 4.3 of the present Convention. the present Convention shall receive 4. The members of the Committee shall be elected emoluments from United Nations resources on by States Parties, consideration being given to such terms and conditions as the Assembly may equitable geographical distribution, decide, having regard to the importance of the representation of the different forms of Committee’s responsibilities. civilization and of the principal legal systems, 13. The members of the Committee shall be entitled balanced gender representation and to the facilities, privileges and immunities of participation of experts with disabilities. experts on mission for the United Nations as 5. The membership of the Committee shall be elected laid down in the relevant sections of the by secret ballot from a list of persons nominated Convention on the Privileges and Immunities of by the States Parties from among their nationals at the United Nations. meetings of the Conference of States Parties. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons Commentary elected to the Committee shall be those who obtain the largest number of votes and an absolute This Article establishes the Committee on the Rights majority of the votes of the representatives of of Persons with Disabilities (sometimes referred to as States Parties present and voting. the ‘treaty body’) whose role it is to monitor 6. The initial election shall be held no later than six implementation of the CRPD at the international months after the date of entry into force of the level. It does this principally by examining reports present Convention. At least four months before submitted by State Parties, but it may also examine the date of each election, the Secretary-General individual communications (or complaints) and of the United Nations shall address a letter to conduct inquiries into allegations of gross or the States Parties inviting them to submit the systemic violations of CRPD rights if the state has nominations within two months. The Secretary- General shall subsequently prepare a list in ratified the CRPD’s Optional Protocol. The Committee alphabetical order of all persons thus is to be initially comprised of 12 experts with an nominated, indicating the State Parties which ultimate maximum of 18 members. Committee have nominated them, and shall submit it to the members serve in a personal capacity for a four-year States Parties to the present Convention. term and are eligible for re-election once. The Article 7. The members of the Committee shall be elected also sets out the nomination and election procedure for a term of four years. They shall be eligible for for committee members, and arrangements for their re-election once. However, the term of six of the remuneration and logistic support.

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ARTICLE 35: Commentary

This Article requires State Parties to submit periodic reports to the Committee on the Rights of Persons with Disabilities on the measures it has taken to implement the CRPD, which should include information about any factors or difficulties it is 1. Each State Party shall submit to the Committee, experiencing in fulfilling its obligations. The first through the Secretary-General of the United report to the Committee must be made within two Nations, a comprehensive report on measures years of the entry into force of the CRPD for that taken to give effect to its obligations under the State Party. It must be a comprehensive report. present Convention and on the progress made Reports must then be submitted to the Committee in that regard, within two years after the entry at least every four years and whenever the into force of the present Convention for the Committee requests. Information submitted in the State Party concerned. first comprehensive report need not be repeated in later reports. The Article empowers the Committee 2. Thereafter, States Parties shall submit to develop guidelines for the content of these subsequent reports at least every four years reports. It also encourages State Parties to prepare and further whenever the Committee so their reports to the Committee in an open and requests. transparent manner in consultation with persons with disability. 3. The Committee shall decide any guidelines applicable to the content of the reports.

4. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports, repeat Article 35. information previously provided. When preparing reports to the Committee, States Human Rights Parties are invited to consider doing so in an open and transparent process and to give due Indicators consideration to the provision set out in article 4.3 of the present Convention. • A comprehensive report to the Committee on the Rights of Persons with Disabilities 5. Reports may indicate factors and difficulties in relation to Australia’s implementation affecting the degree of fulfilment of obligations of the CRPD is lodged within two years of under the present Convention. the CRPD coming into force.

• Periodic reports are submitted to the Committee in relation to Australia’s implementation of the CRPD every four years or when the Committee requests it to do so.

• Reports to the Committee are prepared in an open and transparent manner.

• Persons with disability are actively consulted in the preparation of Australia’s reports to the Committee.

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Article 35. Key issues

Issue Points to consider Has Australia submitted a • When does the CRPD come into force with respect to Australia? comprehensive report to • When does Australia submit its first report to the Committee? the Committee on the • How comprehensive and accurate is this report? Rights of Persons with Disabilities within two years of the CRPD coming into force? Does Australia submit • Does Australia submit its reports to the Committee on the Rights of reports to the Committee in Persons with Disabilities on time? relation to its • Does Australia submit reports to the Committee when it is requested to do implementation of the so? CRPD every four years or • How comprehensive and accurate are these reports? when the Committee requests it to do so? Does Australia prepare its • What process does Australia use to develop its reports to the Committee reports to the Committee in on the Rights of Persons with Disabilities? an open and transparent • Does this process include public consultation? manner? Does Australia involve • Does Australia consult with persons with disability to ascertain their persons with disabilities in views on progress in the implementation of the CRPD in the preparation of the preparation of reports reports to the Committee? to the Committee? • How comprehensive is any such consultation? • Are the views of persons with disability appropriately reflected in the report?

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ARTICLE 36: Commentary

The Article sets out the procedure to be followed by the Committee on the Rights of Persons with Disabilities when it considers State Party reports. 1. Each report shall be considered by the The Committee is empowered to make suggestions Committee, which shall make such suggestions and general recommendations to the State Party, and general recommendations on the report as and the State Party may provide any further it may consider appropriate and shall forward information in response. The Committee is also these to the State Party concerned. The State empowered to request further information from Party may respond with any information it State Parties in relation to their implementation of chooses to the Committee. The Committee may the CRPD. If a State Party fails to submit a report to request further information from States Parties the Committee for a significant period after that relevant to the implementation of the present report is due, the Committee may notify the State Convention. Party that it will proceed with its examination on the basis of the information available if the report is 2. If a State Party is significantly overdue in the not submitted within three months. The Committee submission of a report, the Committee may must invite the State Party to participate in this notify the State Party concerned of the need to examination. All reports to the Committee are to be examine the implementation of the present made available to all State Parties by the Secretary- Convention in that State Party, on the basis of General. State Parties must also make their reports reliable information available to the widely available to the public in their own Committee, if the relevant report is not countries, and facilitate access by their citizens to submitted within three months following the any comments and recommendations the notification. The Committee shall invite the Committee makes in relation to these reports. The State Party concerned to participate in such Committee may also provide United Nations examination. Should the State Party respond specialised agencies and other relevant by submitting the relevant report, the organisations with State Party reports, and any provisions of paragraph 1 of this article will comments and recommendations it makes in apply. relation to these, where this will assist the State Party to build its capacity to implement the CRPD. 3. The Secretary-General of the United Nations shall make available the reports to all States Parties.

4. States Parties shall make their reports widely available to the public in their own countries and facilitate access to the suggestions and general recommendations relating to these reports.

5. The Committee shall transmit, as it may consider appropriate, to the specialized agencies, funds and programmes of the United Nations, and other competent bodies, reports from States Parties in order to address a request or indication of a need for technical advice or assistance contained therein, along with the Committee’s observations and recommendations, if any, on these requests and indications.

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ARTICLE 37:

Article 37. 1. Each State Party shall cooperate with the Human Rights Committee and assist its members in the fulfilment of their mandate. Indicators 2. In its relationship with States Parties, the Committee shall give due consideration to • Australia cooperates with the ways and means of enhancing national Committee on the Rights of Persons capacities for the implementation of the with Disabilities. present Convention, including through international cooperation.

Commentary

This Article requires each State Party to the CRPD to cooperate with the Committee on the Rights of Persons with Disabilities and assist Committee members to carry out their responsibilities. The Article also requires the Committee on the Rights of Persons with Disabilities to consider ways of assisting States to build their capacity to implement the CRPD, including through international cooperation.

Article 37. Key issues

Issue Points to consider Does Australia cooperate • What is Australia’s attitude to scrutiny of its human rights record by the with the Committee on the Committee on the Rights of Persons with Disabilities? Rights of Persons with • What is the extent of cooperation by Australia with the Committee on the Disabilities? Rights of Persons with Disabilities? • How responsive is Australia to comments and recommendations issued to it by the Committee on the Rights of Persons with Disabilities?

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ARTICLE 38: Commentary

This Article empowers the specialised agencies and other organisations of the United Nations (such as UNICEF – the United Nations Children’s Fund, the World Health Organisation, and the International Labour Organisation) to participate in proceedings of the Committee on the Rights of Persons with Disabilities when the Committee is discussing matters in an area of their responsibility. The In order to foster the effective implementation of Committee is also empowered to invite the the present Convention and to encourage specialised agencies and any other appropriate international cooperation in the field covered by bodies to provide it with expert advice and reports the present Convention: on the implementation of the CRPD in an area of their responsibilities. Additionally, the Committee (a) The specialised agencies and other United on the Rights of Persons with Disabilities is Nations organs shall be entitled to be empowered and required to consult with other represented at the consideration of the human rights treaty bodies (such as the Human implementation of such provisions of the Rights Committee and the Committee on the Rights present Convention as fall within the scope of of the Child55) to ensure consistency between their their mandate. The Committee may invite the respective reporting guidelines, and to avoid specialised agencies and other competent duplication in the performance of their functions. bodies as it may consider appropriate to provide The overall purpose of these provisions is to expert advice on the implementation of the promote effective implementation of the CRPD. Convention in areas falling within the scope of their respective mandates. The Committee may invite specialised agencies and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities.

(b) The Committee, as it discharges its mandate, shall consult, as appropriate, other relevant bodies instituted by international human rights treaties, with a view to ensuring the consistency of their respective reporting guidelines, suggestions and general recommendations, and avoiding duplication and overlap in the performance of their functions.

55 The Committee on the Rights of the Child is the treaty body for the Convention on the Rights of the Child.

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ARTICLE 39: Commentary

This Article requires the Committee on the Rights of Persons with Disabilities to report to the General Assembly and Economic and Social Council of the The Committee shall report every two years to the United Nations on its activities every two years. General Assembly and to the Economic and Social The Committee’s reports may make suggestions Council on its activities, and may make suggestions and general recommendations regarding the and general recommendations based on the interpretation and implementation of the CRPD. examination of reports and information received from the States Parties. Such suggestions and general recommendations shall be included in the report of the Committee together with comments, if any, from States Parties.

ARTICLE 40: Commentary This Article provides that State Parties to the CRPD will meet regularly in a Conference of State Parties to discuss implementation of the Convention. The Secretary-General is to convene the first Conference of State Parties within six months of the CRPD coming into force. The Secretary-General is to 1. The States Parties shall meet regularly in a convene subsequent Conferences of State Parties Conference of States Parties in order to consider every two years, or as decided by State Parties any matter with regard to the implementation of Conference. the present Convention.

2. No later than six months after the entry into force of the present Convention, the Conference of States Parties shall be convened by the Secretary- Article 40. General of the United Nations. The subsequent meetings shall be convened by the Secretary- Human Rights General of the United Nations biennially or upon the decision of the Conference of States Parties. Indicators

• Australia actively participates in the Conference of State Parties.

Article 40. Key issues

Issue Points to consider Does Australia participate • Who attends the Conference of State Parties on behalf of Australia? in the Conference of State • Does Australia regularly attend the Conferences of State Parties? Parties? • How constructive is Australia’s participation in the Conference of State Parties?

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ARTICLE 41: ARTICLE 42:

The Secretary-General of the United Nations shall The present Convention shall be open for signature be the depositary of the present Convention. by all States and by regional integration organisations at the United Nations Headquarters Commentary in New York as of 30 March 2007.

This Article explains that the Secretary-General of Commentary the United Nations is formally responsible for managing the CRPD. This means that States must This Article explains that the CRPD opened for lodge formal documents relating to the CRPD with signature by member States of the United Nations the Secretary-General. and regional integration organisations on 30 March 2007. The opening ceremony took place at United Nations Headquarters in New York.

ARTICLE 43:

Article 43. The present Convention shall be subject to Human Rights ratification by signatory States and to formal confirmation by signatory regional integration Indicators organisations. It shall be open for accession by any State or regional integration organisation which has not signed the Convention.

• Australia is a party to the Convention on Commentary the Rights of Persons with Disabilities. This Article explains that the CRPD must be ratified by States, or confirmed by regional integration organisations, that have signed it, before it becomes binding upon them. The Article also explains that States and regional integration organisations that have not signed the CRPD before it enters into force can later agree to be bound by it.

Article 43. Key issues

Issue Points to consider Is Australia a Party to the • When did Australia become a Party to the CRPD? Convention on the Rights of Persons with Disabilities?

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ARTICLE 44: 4. Regional integration organizations, in matters within their competence, may exercise their right to vote in the Conference of States Parties, with a number of votes equal to the number of their member States that are Parties to this Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa. 1. “Regional integration organization” shall mean an organization constituted by sovereign States Commentary of a given region, to which its member States have transferred competence in respect of This Article defines what is meant by the term matters governed by this Convention. Such “regional integration organisation” and sets out the organizations shall declare, in their instruments powers of such an organisation. Regional integration of formal confirmation or accession, the extent organisations are umbrella bodies that have formally of their competence with respect to matters been given certain powers by a number of countries governed by this Convention. Subsequently, within a region of the world to act on their collective they shall inform the depositary of any behalf. The European Union is the only current substantial modification in the extent of their example of such an organisation. The Article makes it competence. clear that the obligations that the CRPD places on State Parties also apply to regional integration 2. References to “States Parties” in the present organisations to the extent that they represent Convention shall apply to such organizations regional States. However, while regional integration within the limits of their competence. organisations can sign and ratify the CRPD, their signature and ratification does not count towards the 3. For the purposes of article 45, paragraph 1, and number of ratifications necessary to bring the CRPD article 47, paragraphs 2 and 3, any instrument into force. Only the direct ratifications of its member deposited by a regional integration States can be counted. The same applies to the organization shall not be counted. voting procedure for amending the CRPD. Regional integration organisations can vote on behalf of their members, provided the member does not vote.

ARTICLE 45: Commentary

This Article explains that the CRPD will come into force on the 30th day after the deposit of the 20th instrument of ratification or accession. It also 1. The present Convention shall enter into force on explains that once the CRPD enters into force it the thirtieth day after the deposit of the becomes binding on a country that later ratifies or twentieth instrument of ratification or accession. accedes to it on the 30th day after the date of that country’s ratification or accession. 2. For each State or regional integration organisation ratifying, formally confirming or acceding to the Convention after the deposit of the twentieth such instrument, the Convention shall enter into force on the thirtieth day after the deposit of its own such instrument.

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ARTICLE 46:

1. Reservations incompatible with the object and purpose of the present Convention shall not be Article 46. permitted. Human Rights 2. Reservations may be withdrawn at any time. Indicators Commentary

When a State signs, ratifies or accedes to a United • Australia has not lodged reservations Nations treaty, it has a limited right to lodge a against any aspect of the CRPD. ‘reservation’ against aspects of the treaty obligations it does not want to accept. The effect of this reservation is that the State Party is not bound by that part of the treaty.56 This Article makes it clear, however, that a State Party cannot lodge a reservation that would seriously contradict the object and purpose of the CRPD. It also makes it clear that a reservation, once lodged, can be withdrawn by the State Party at any time.

Article 46. Key issues

Issue Points to consider Has Australia lodged • What is the purpose and effect of any reservation? reservations against any • What is its duration? CRPD obligation?

56 See further Article 2(d) and Articles 19 to 23 of the Vienna Convention on the Law of Treaties 1969.

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ARTICLE 47: Commentary

This Article sets out the procedure that has to be followed if a State Party wants to get agreement to change the text of the CRPD. First it must submit its 1. Any State Party may propose an amendment to proposal to the Secretary-General who then sends the present Convention and submit it to the it to all the other Parties to the CRPD, asking if they Secretary-General of the United Nations. The would like to meet to discuss the proposal. If, within Secretary-General shall communicate any four months, at least one-third of the Parties to the proposed amendments to State Parties, with a CRPD are in favour, the Secretary-General will request to be notified whether they favour a convene such a meeting. The text of the CRPD conference of State Parties for the purpose of cannot be changed unless at least two-thirds of considering and deciding upon the proposals. those State Parties who participate in this meeting In the event that, within four months from the vote in favour of the change. The proposed change date of such communication, at least one third must also be submitted to the General Assembly of of the States Parties favour such a conference, the United Nations for approval. The Secretary- the Secretary-General shall convene the General must then send the proposal to State conference under the auspices of the United Parties for formal acceptance. The change enters Nations. Any amendment adopted by a into force thirty days after two-thirds of State majority of two thirds of the States Parties Parties to the Optional Protocol lodge formal present and voting shall be submitted by the instruments of acceptance of the change. The Secretary-General to the General Assembly for amendment is only binding on those State Parties approval and thereafter to all States Parties for that formally accept it, with the exception of acceptance. changes to procedures associated with the Committee on the Rights of Persons with Disabilities 2. An amendment adopted and approved in and the Conference of State Parties which become accordance with paragraph 1 of this article shall binding upon all State Parties thirty days after their enter into force on the thirtieth day after the adoption by a two-third majority. number of instruments of acceptance deposited reached two thirds of the number of States Parties at the date of adoption of the amendment. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day following the deposit of its own instrument of acceptance. An amendment shall be binding only on those States Parties which have accepted it.

3. If so decided by the Conference of States Parties by consensus, an amendment adopted and approved in accordance with paragraph 1 of this article which relates exclusively to articles 34, 38, 39 and 40 shall enter into force for all States Parties on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment.

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ARTICLE 48: ARTICLE 49:

A State Party may denounce the present The text of the present Convention shall be made Convention by written notification to the Secretary- available in accessible formats. General of the United Nations. The denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General. Commentary

This Article requires the United Nations to make the Commentary text of the CRPD available in formats that are accessible to persons with disability. This Article sets out the procedure by which a State Party that has ratified the CRPD can withdraw from it. The State must notify the Secretary-General of the United Nations in writing of its decision to withdraw from the treaty. This denunciation comes into effect one year later, and in the meantime the State continues to be bound by the obligations of ARTICLE 50: the treaty.

The Arabic, Chinese, English, French, Russian and Spanish texts of the present Convention shall be equally authentic.

Commentary

This Article provides that the CRPD will be published in the six official languages of the United Nations. Each of these translations will be equally authoritative.

Queensland Advocacy Incorporated 139 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

The Committee shall consider a communication 1. A State Party to the present Protocol (“State inadmissible when: Party”) recognizes the competence of the (a) The communication is anonymous; Committee on the Rights of Persons with (b) The communication constitutes an abuse of the Disabilities (“the Committee”) to receive and right of submission of such communication or is consider communications from or on behalf incompatible with the provisions of the of individuals or groups of individuals subject Convention; to its jurisdiction who claim to be victims of a (c) The same matter has already been examined violation by that State Party of the provisions by the Committee or has been or is being of the Convention. examined under another procedure of international investigation or settlement; 2. No communication shall be received by the (d) All available domestic remedies have not been Committee if it concerns a State Party to the exhausted. This shall not be the rule where the Convention that is not a party to the present application of the remedies is unreasonably Protocol. prolonged or unlikely to bring effective relief; (e) It is manifestly ill-founded or not sufficiently Commentary substantiated; or when (f) The facts that are the subject of the communication occurred prior to the entry into This Article explains that the Optional Protocol allows force of the present Protocol for the State Party a State Party to recognise the authority of the concerned unless those facts continued after Committee on the Rights of Persons with Disabilities that date. to receive and consider communications (or complaints) that allege violations of CRPD rights. Communications may be lodged with the Committee by, or on behalf of, individuals or groups. Such Commentary communications can only be lodged in relation to This Article sets out the requirements that must be States that are a Party to the Protocol. met for a communication (or complaint) to be admissible by the Committee on the Rights of Persons with Disabilities. The key requirement is that the complainant must have first exhausted all available domestic remedies before approaching the Committee. However, the Committee may examine a communication where domestic remedies that are still available to the complainant are likely to be unreasonably prolonged or are unlikely to result in a remedy of the problem. Anonymous communications are not permitted, nor are they permitted in relation to alleged violations that occurred before the CRPD and Optional Protocol entered into force with respect to the State Party, unless the violations continued after the these instruments entered into force. Queensland Advocacy Incorporated 140 OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Subject to the provisions of article 2 of the present Protocol, the Committee shall bring any communications submitted to it confidentially to the attention of the State Party. Within six months, Article 3. the receiving State shall submit to the Committee written explanations or statements clarifying the Human Rights matter and the remedy, if any, that may have been taken by that State. Indicators

Commentary • Australia responds to communications received by the This Article sets out the initial procedure to be Committee on the Rights of Persons followed when the Committee on the Rights of with Disabilities within six months of Persons with Disabilities receives a communication notification of the communication. (or complaint) that alleges a violation of CRPD rights. The Committee must confidentially notify the State Party of the communication. The State Party then has six months within which to submit to the Committee a written explanation of its position in relation to the communication, which is to include information about any action it has taken to resolve the matter.

Article 3. Key issues

Issue Points to consider How does Australia • Does Australia respond promptly to notifications alleging CRPD violations? respond to • Does Australia respond comprehensively to notifications alleging CRPD communications alleging violations? CRPD violations following notification by the Committee on the Rights of Persons with Disabilities?

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1. At any time after the receipt of a communication Article 4. and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration Human Rights a request that the State Party take such interim measures as may be necessary to avoid possible Indicators irreparable damage to the victim or victims of the alleged violation. • Australia takes any interim measures requested by the Committee on the 2. Where the Committee exercises its discretion Rights of Persons with Disabilities to under paragraph 1 of this article, this does not avoid irreparable damage to the victim imply a determination on admissibility or on the or victims of an alleged violation. merits of the communication.

Commentary

This Article empowers the Committee on the Rights of Persons with Disabilities to request a State Party against whom a communication (or complaint) has been lodged to take interim measures to avoid irreparable damage to the victim or victims of the alleged violation. Such a request does not imply that the Committee has already formed a view that the communication is admissible (that is, can be examined by the Committee), or that the communication has merit.

Article 4. Key issues

Issue Points to consider How does Australia respond to any • Does Australia respond promptly to any such request? request from the Committee for interim • Does Australia respond comprehensively to any such request? measures to prevent irreparable • Is irreparable damage to the victim or victims of the alleged damage to the victim or victims or an violation avoided? alleged violation of the CRPD?

The Committee shall hold closed meetings when examining communications under the present Protocol. After examining a communication, the Committee shall forward its suggestions and recommendations, if any, to the State Party concerned and to the petitioner.

Commentary

This Article provides that the Committee on the Rights of Persons with Disabilities will meet to examine communications (complaints) in closed meetings (that is, the Committee will meet in private without observers). When the examination of the communication is complete the Committee forwards suggestions and recommendations, if it has any, to the State Party concerned and to the person who made the complaint.

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Commentary

This Article gives the Committee on the Rights of Persons with Disabilities the power to conduct an 1. If the Committee receives reliable information inquiry into allegations of grave or systemic indicating grave or systemic violations by a State violations of the CRPD by a State Party. Anyone Party of rights set forth in the Convention, the can raise such allegations, but the information they Committee shall invite that State Party to disclose has to be reliable. The Committee may cooperate in the examination of the information delegate one or more of its members to conduct this and to this end submit observations with regard inquiry, and these delegates may visit the State to the information concerned. Party’s territory in the course of the inquiry if need be. The inquiry is to be conducted on a confidential 2. Taking into account any observations that may basis, and if possible, in cooperation with the State have been submitted by the State Party Party. The Committee may receive information concerned as well as any other reliable from the State Party in relation to the allegations, but may also receive information from any other information available to it, the Committee may reliable source. When the inquiry is complete, the designate one or more of its members to conduct findings are submitted to the Committee, and then an inquiry and to report urgently to the issued by the Committee to the State Party together Committee. Where warranted and with the with any comments and recommendations. The consent of the State Party, the inquiry may State Party then has six months to respond to the include a visit to its territory. findings of the inquiry and to the Committee’s comments and recommendations. 3. After examining the findings of such an inquiry, the Committee shall transmit these findings to the State Party concerned together with any Article 6. Human comments and recommendations. Rights Indicators 4. The State Party concerned shall, within six months of receiving the findings, comments and •Australia cooperates with the Committee on recommendations transmitted by the Committee, the Rights of Persons with Disabilities in any submit its observations to the Committee. inquiry into allegations of grave or systemic violations of the CRPD. 5. Such an inquiry shall be conducted confidentially •Australia responds to any findings, and the cooperation of the State Party shall be comments and recommendations arising sought at all stages of the proceedings. from an inquiry into allegations of grave or systemic violations of the CRPD within six months of receiving the Committee’s report. Article 6. Key issues Issue Points to consider How does Australia • Does Australia cooperate with the Committee in its examination of such respond to any allegations at all stages of the Committee’s inquiry? allegations of grave or • Does Australia welcome scrutiny by the Committee, including any visit of systemic violations of Committee delegates to Australia? CRPD rights? • Does Australia provide prompt and comprehensive information to the Committee to assist it to conduct its inquiry? How does Australia • Does Australia treat any report of the Committee with appropriate respond to any report of seriousness? the Committee in relation • Does Australia respond to the Committee’s report within six months of its to allegations of grave or receipt? systemic violations of • Is Australia’s response consistent with the obligations set down by the CRPD rights? CRPD?

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1. The Committee may invite the State Party concerned to include in its report under article 35 of the Convention details of any measures taken in response to an inquiry conducted Article 7. under article 6 of the present Protocol.

2. The Committee may, if necessary, after the end Human Rights of the period of six months referred to in article 6.4, invite the State Party concerned to inform it Indicators of the measures taken in response to such an inquiry. • Australia responds to requests from the Committee on the Rights of Persons Commentary with Disabilities in relation to measures taken to address inquiry findings and This Article empowers the Committee on the Rights recommendations. of Persons with Disabilities to invite a State Party to include information about measures taken in response to an inquiry conducted under article 6 of the Optional Protocol in its periodic reports to the Committee (required by article 35 of the CRPD). The Article also empowers the Committee, six months after its inquiry report has been submitted, to request a specific report from the State Party on the measures it has taken to address the Committee’s findings and recommendations.

Article 7. Key issues Issue Points to consider Does Australia report to the • Does Australia include information about such measures in periodic Committee on the Rights of reports when requested to do so? Persons with Disabilities on • Does Australia provide specific reports about such measures when any measures it has taken to requested to do so? address inquiry findings and • Is such information provided in a timely manner? recommendations? • Is the information provided comprehensive?

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Each State Party may, at the time of signature or The Secretary-General of the United Nations shall ratification of the present Protocol or accession be the depository of the present Protocol. thereto, declare that it does not recognize the competence of the Committee provided for in articles 6 and 7. Commentary

This Article explains that the Secretary-General of Commentary the United Nations is formally responsible for managing the Optional Protocol. This means that This Article allows State Parties not to accept the State Parties must lodge formal documents relating obligations set out in article 6 and 7 of the Optional to the Optional Protocol with the Secretary-General. Protocol. States are able to avoid these obligations by lodging a formal declaration to this effect with the Secretary-General at the time they sign, ratify or accede to the Optional Protocol. This means that the Committee on the Rights of Persons with Disabilities cannot conduct inquiries into allegations of grave or systemic violations of the human rights of persons with disability by that The present Protocol shall be open for signature by State Party. As this Article provides a separate basis signatory States and regional integration for State Parties to opt out of the inquiry procedure organisations of the Convention at United Nations provided in clauses 6 and 7 of the Optional Protocol Headquarters in New York as of 30 March 2007. the rules relating to reservations generally do not apply. Opting out is therefore not incompatible with the purpose and object of the Optional Protocol Commentary (see Article 14). This Article explains that the Optional Protocol opened for signature by member states of the United Nations and regional integration organisations on 30 March 2007. The opening ceremony took place at United Nations Headquarters in New York.

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The present Protocol shall be subject to ratification by signatory States of this Protocol which have ratified or acceded to the Convention. It shall be subject to formal confirmation by signatory regional integration organizations of this Protocol Article 11. which have formally confirmed or acceded to the Convention. It shall be open for accession by any Human Rights State or regional integration organization which has ratified, formally confirmed or acceded to the Indicators Convention and which has not signed the Protocol.

• Australia is a party to the Optional Commentary Protocol to the Convention on the Rights of Persons with Disabilities. This Article explains that only States that have ratified or acceded to the CRPD itself can ratify or accede to the Optional Protocol. Similarly, regional integration organisations can only formally confirm their acceptance of the Optional Protocol if they have formally confirmed their acceptance of the CRPD first. The Article also explains that States and regional integration organisations that have ratified, formally confirmed or acceded to the CRPD, can accede to the Optional Protocol even if they have not signed it first.

Article 11. Key issues Issue Points to consider Is Australia a Party to the • When did Australia become a Party to the Optional Protocol? Optional Protocol to the Convention on the Rights of Persons with Disabilities?

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1. “Regional integration organization” shall mean 1. Subject to the entry into force of the an organization constituted by sovereign States Convention, the present Protocol shall enter of a given region, to which its member States have into force on the thirtieth day after the deposit transferred competence in respect of matters of the tenth instrument of ratification or governed by the Convention and this Protocol. accession. Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to 2. For each State or regional integration matters governed by the Convention and this organization ratifying, formally confirming or Protocol. Subsequently, they shall inform the acceding to the Protocol after the deposit of the depositary of any substantial modification in the tenth such instrument, the Protocol shall enter extent of their competence. into force on the thirtieth day after the deposit of its own such instrument. 2. References to “States Parties” in the present Protocol shall apply to such organizations within the limits of their competence. Commentary

3. For the purposes of article 13, paragraph 1, and This Article sets out when the Optional Protocol article 15, paragraph 2, any instrument deposited comes into force (that is, becomes law). The by a regional integration organization shall not Optional Protocol cannot come into force until after be counted. the CRPD itself comes into force. Provided the CRPD 4. Regional integration organizations, in matters has come into force, the Optional Protocol comes within their competence, may exercise their right into force 30 days after the 10th country lodges its to vote in the meeting of States Parties, with a instrument of ratification or accession with the number of votes equal to the number of their United Nations. Once the Optional Protocol is in member States that are Parties to this Protocol. force, it becomes binding on new State Parties Such an organization shall not exercise its right to 30 days after they lodge their instrument of vote if any of its member States exercises its right, ratification or accession. and vice versa.

Commentary

This Article defines what is meant by the term “regional integration organisation” and sets out the powers of such an organisation. Regional integration organisations are umbrella bodies that have formally been given certain powers by a number of countries within a region of the world to act on their collective behalf. The European Union is the only current example of such an organisation. The Article makes it clear that the obligations that the Optional Protocol places on State Parties also apply to regional integration organisations to the extent that they represent regional states. However, while regional integration organisations can sign and ratify the Optional Protocol, their signature and ratification does not count towards the number of ratifications necessary to bring the Optional Protocol into force. Only the direct ratifications of its member States can be counted. The same applies to the voting procedure for amending the Optional Protocol. Regional integration organisations can vote on behalf of their members, provided the member does not vote.

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1. Reservations incompatible with the object and purpose of the present Protocol shall not be permitted. Article 14. 2. Reservations may be withdrawn at any time. Human Rights Commentary Indicators When a state signs, ratifies or accedes to a United Nations treaty, it has a limited right to lodge a • Australia has not lodged reservations ‘reservation’ against aspects of the treaty against any aspect of the Optional obligations it does not want to accept. The effect of Protocol. this reservation is that the State Party is not bound by that part of the treaty.57 This article makes it clear, however, that a State Party cannot lodge a reservation that would seriously contradict the object and purpose of the Protocol. It also makes it clear that a reservation, once lodged, can be withdrawn by the State Party at any time.

Article 14. Key issues Issue Points to consider Has Australia lodged any • What is the purpose and effect of the reservation? reservation against any aspect • Does it avoid or diminish the effectiveness any of the international of the Optional Protocol? monitoring regime encompassed by the Optional Protocol?

57 See further Article 2(d) and Articles 19 to 23 of the Vienna Convention on the Law of Treaties 1969 Entered into force on 27January 1980, United Nations Treaty Series, vol 1155, at p.331.

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1. Any State Party may propose an amendment to A State Party may denounce the present Protocol the present Protocol and submit it to the Secretary- by written notification to the Secretary-General of General of the United Nations. The Secretary- the United Nations. The denunciation shall become General shall communicate any proposed effective one year after the date of receipt of the amendments to States Parties, with a request to be notification by the Secretary-General. notified whether they favour a meeting of States Parties for the purpose of considering and deciding upon the proposals. In the event that, within four Commentary months from the date of such communication, at least one third of the States Parties favour such a This Article sets out the procedure by which a State meeting, the Secretary-General shall convene the Party that has ratified the Protocol can withdraw meeting under the auspices of the United Nations. (‘denounce’) from it. The State Party must notify Any amendment adopted by a majority of two the Secretary-General of the United Nations in thirds of the States Parties present and voting writing of its decision to withdraw from the treaty. shall be submitted by the Secretary-General to the This denunciation comes into effect one year later, General Assembly for approval and thereafter to and in the meantime the State continues to be all States Parties for acceptance. bound by the obligations of the treaty.

2. An amendment adopted and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment. Thereafter, the amendment shall enter into force The text of the present Protocol shall be made for any State Party on the thirtieth day following available in accessible formats. the deposit of its own instrument of acceptance. An amendment shall be binding only on those States which have accepted it. Commentary

This Article requires the United Nations to make the Commentary text of the Protocol available in formats that are accessible to persons with disability This Article sets out the procedure that has to be followed if a State Party wants to get agreement to change the text of the Optional Protocol. First it must submit its proposal to the Secretary-General who then sends it to all the other Parties to the Optional Protocol, asking if they would like to meet to discuss the proposal. If, within four months, at least one-third The Arabic, Chinese, English, French, Russian and of the State Parties to the Optional Protocol are in Spanish texts of the present Protocol shall be favour, the Secretary General will convene such a equally authentic. meeting. The text of the Optional Protocol cannot be changed unless at least two-thirds of those State Parties who participate in this meeting vote in favour Commentary of the change. The proposed change must also be submitted to the General Assembly of the United Nations for approval. The Secretary-General must This Article provides that the Protocol will be then send the proposal to State Parties for formal published in the six official languages of the United acceptance. The change enters into force thirty days Nations. Each of these translations is equally after two-thirds of State Parties to the Optional authoritative. Protocol lodge formal instruments of acceptance of the change. The change is only binding on those State Parties that formally accept it.

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Preamble (f) Recognizing the importance of the principles and policy guidelines contained in the World The States Parties to the present Convention, Programme of Action concerning Disabled (a) Recalling the principles proclaimed in the Persons and in the Standard Rules on the Charter of the United Nations which recognize Equalization of Opportunities for Persons with the inherent dignity and worth and the equal Disabilities in influencing the promotion, and inalienable rights of all members of the formulation and evaluation of the policies, human family as the foundation of freedom, plans, programmes and actions at the national, justice and peace in the world, regional and international levels to further equalize opportunities for persons with (b) Recognizing that the United Nations, in the disabilities, Universal Declaration of Human Rights and in the International Covenants on Human Rights, (g) Emphasizing the importance of mainstreaming has proclaimed and agreed that everyone is disability issues as an integral part of relevant entitled to all the rights and freedoms set forth strategies of sustainable development, therein, without distinction of any kind, (h) Recognizing also that discrimination against any (c) Reaffirming the universality, indivisibility, person on the basis of disability is a violation of interdependence and interrelatedness of all the inherent dignity and worth of the human human rights and fundamental freedoms and person, the need for persons with disabilities to be (i) Recognizing further the diversity of persons with guaranteed their full enjoyment without disabilities, discrimination, (j) Recognizing the need to promote and protect (d) Recalling the International Covenant on the human rights of all persons with disabilities, Economic, Social and Cultural Rights, the including those who require more intensive International Covenant on Civil and Political support, Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, (k) Concerned that, despite these various the Convention on the Elimination of All Forms of instruments and undertakings, persons with Discrimination against Women, the Convention disabilities continue to face barriers in their against Torture and Other Cruel, Inhuman or participation as equal members of society and Degrading Treatment or Punishment, the violations of their human rights in all parts of Convention on the Rights of the Child, and the the world, International Convention on the Protection of the Rights of All Migrant Workers and Members (l) Recognizing the importance of international of Their Families, cooperation for improving the living conditions of persons with disabilities in every country, (e) Recognizing that disability is an evolving particularly in developing countries, concept and that disability results from the interaction between persons with impairments (m) Recognizing the valued existing and potential and attitudinal and environmental barriers that contributions made by persons with disabilities hinders their full and effective participation in to the overall well-being and diversity of their society on an equal basis with others, communities, and that the promotion of the full enjoyment by persons with disabilities of their

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human rights and fundamental freedoms and protection of persons with disabilities, in particular of full participation by persons with disabilities during armed conflicts and foreign occupation, will result in their enhanced sense of belonging and in significant advances in the human, social (v) Recognizing the importance of accessibility to and economic development of society and the the physical, social, economic and cultural eradication of poverty, environment, to health and education and to information and communication, in enabling (n) Recognizing the importance for persons with persons with disabilities to fully enjoy all disabilities of their individual autonomy and human rights and fundamental freedoms, independence, including the freedom to make their own choices, (w) Realizing that the individual, having duties to other individuals and to the community to (o) Considering that persons with disabilities should which he or she belongs, is under a have the opportunity to be actively involved in responsibility to strive for the promotion and decision-making processes about policies and observance of the rights recognized in the programmes, including those directly International Bill of Human Rights, concerning them, (x) Convinced that the family is the natural and (p) Concerned about the difficult conditions faced fundamental group unit of society and is entitled by persons with disabilities who are subject to to protection by society and the State, and that multiple or aggravated forms of discrimination persons with disabilities and their family on the basis of race, colour, sex, language, members should receive the necessary religion, political or other opinion, national, protection and assistance to enable families to ethnic, indigenous or social origin, property, contribute towards the full and equal enjoyment birth, age or other status, of the rights of persons with disabilities,

(q) Recognizing that women and girls with (y) Convinced that a comprehensive and integral disabilities are often at greater risk, both within international convention to promote and and outside the home of violence, injury or protect the rights and dignity of persons with abuse, neglect or negligent treatment, disabilities will make a significant contribution maltreatment or exploitation, to redressing the profound social disadvantage of persons with disabilities and promote their (r) Recognizing that children with disabilities participation in the civil, political, economic, should have full enjoyment of all human rights social and cultural spheres with equal and fundamental freedoms on an equal basis opportunities, in both developing and with other children, and recalling obligations to developed countries, that end undertaken by States Parties to the Convention on the Rights of the Child, Have agreed as follows :

(s) Emphasizing the need to incorporate a gender perspective in all efforts to promote the full Article 1 enjoyment of human rights and fundamental Purpose freedoms by persons with disabilities, The purpose of the present Convention is to (t) Highlighting the fact that the majority of promote, protect and ensure the full and equal persons with disabilities live in conditions of enjoyment of all human rights and fundamental poverty, and in this regard recognizing the freedoms by all persons with disabilities, and to critical need to address the negative impact of promote respect for their inherent dignity. poverty on persons with disabilities, Persons with disabilities include those who have (u) Bearing in mind that conditions of peace and long-term physical, mental, intellectual or sensory security based on full respect for the purposes and impairments which in interaction with various principles contained in the Charter of the United barriers may hinder their full and effective Nations and observance of applicable human participation in society on an equal basis with rights instruments are indispensable for the full others.

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Article 2 (d) Respect for difference and acceptance of Definitions persons with disabilities as part of human diversity and humanity; For the purposes of the present Convention: (e) Equality of opportunity; “Communication” includes languages, display of text, Braille, tactile communication, large print, (f) Accessibility; accessible multimedia as well as written, audio, plain-language, human-reader and augmentative (g) Equality between men and women; and alternative modes, means and formats of (h) Respect for the evolving capacities of children communication, including accessible information with disabilities and respect for the right of and communication technology; children with disabilities to preserve their “Language” includes spoken and signed languages identities. and other forms of non-spoken languages; Article 4 “Discrimination on the basis of disability” means General obligations any distinction, exclusion or restriction on the basis 1. States Parties undertake to ensure and promote of disability which has the purpose or effect of the full realization of all human rights and impairing or nullifying the recognition, enjoyment fundamental freedoms for all persons with or exercise, on an equal basis with others, of all disabilities without discrimination of any kind on human rights and fundamental freedoms in the the basis of disability. To this end, States Parties political, economic, social, cultural, civil or any undertake: other field. It includes all forms of discrimination, including denial of reasonable accommodation; (a) To adopt all appropriate legislative, administrative and other measures for the “Reasonable accommodation” means necessary implementation of the rights recognized in and appropriate modification and adjustments not the present Convention; imposing a disproportionate or undue burden, where needed in a particular case, to ensure to (b) To take all appropriate measures, including persons with disabilities the enjoyment or exercise legislation, to modify or abolish existing on an equal basis with others of all human rights laws, regulations, customs and practices that and fundamental freedoms; constitute discrimination against persons with disabilities; “Universal design” means the design of products, environments, programmes and services to be (c) To take into account the protection and usable by all people, to the greatest extent possible, promotion of the human rights of persons without the need for adaptation or specialized with disabilities in all policies and design. “Universal design” shall not exclude programmes; assistive devices for particular groups of persons with disabilities where this is needed. (d) To refrain from engaging in any act or practice that is inconsistent with the present Article 3 Convention and to ensure that public General principles authorities and institutions act in conformity with the present Convention; The principles of the present Convention shall be: (e) To take all appropriate measures to eliminate (a) Respect for inherent dignity, individual discrimination on the basis of disability by autonomy including the freedom to make one's any person, organization or private own choices, and independence of persons; enterprise; (b) Non-discrimination; (f) To undertake or promote research and (c) Full and effective participation and inclusion in development of universally designed goods, society; services, equipment and facilities, as defined in article 2 of the present Convention, which

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should require the minimum possible for that State. There shall be no restriction upon adaptation and the least cost to meet the or derogation from any of the human rights and specific needs of a person with disabilities, to fundamental freedoms recognized or existing in promote their availability and use, and to any State Party to the present Convention promote universal design in the development pursuant to law, conventions, regulation or of standards and guidelines; custom on the pretext that the present Convention does not recognize such rights or (g) To undertake or promote research and freedoms or that it recognizes them to a lesser development of, and to promote the extent. availability and use of new technologies, including information and communications 5. The provisions of the present Convention shall technologies, mobility aids, devices and extend to all parts of federal states without any assistive technologies, suitable for persons limitations or exceptions. with disabilities, giving priority to technologies at an affordable cost; Article 5 Equality and non-discrimination (h) To provide accessible information to persons with disabilities about mobility aids, devices 1. States Parties recognize that all persons are and assistive technologies, including new equal before and under the law and are entitled technologies, as well as other forms of without any discrimination to the equal assistance, support services and facilities; protection and equal benefit of the law.

(i) To promote the training of professionals and 2. States Parties shall prohibit all discrimination on staff working with persons with disabilities in the basis of disability and guarantee to persons the rights recognized in this Convention so as with disabilities equal and effective legal to better provide the assistance and services protection against discrimination on all grounds. guaranteed by those rights. 3. In order to promote equality and eliminate 2. With regard to economic, social and cultural discrimination, States Parties shall take all rights, each State Party undertakes to take appropriate steps to ensure that reasonable measures to the maximum of its available accommodation is provided. resources and, where needed, within the 4. Specific measures which are necessary to framework of international cooperation, with a accelerate or achieve de facto equality of persons view to achieving progressively the full with disabilities shall not be considered realization of these rights, without prejudice to discrimination under the terms of the present those obligations contained in the present Convention. Convention that are immediately applicable according to international law. Article 6 Women with disabilities 3. In the development and implementation of legislation and policies to implement the present 1. States Parties recognize that women and girls Convention, and in other decision-making with disabilities are subject to multiple processes concerning issues relating to persons discrimination, and in this regard shall take with disabilities, States Parties shall closely measures to ensure the full and equal enjoyment consult with and actively involve persons with by them of all human rights and fundamental disabilities, including children with disabilities, freedoms. through their representative organizations. 2. States Parties shall take all appropriate measures 4. Nothing in the present Convention shall affect to ensure the full development, advancement any provisions which are more conducive to the and empowerment of women, for the purpose of realization of the rights of persons with guaranteeing them the exercise and enjoyment disabilities and which may be contained in the of the human rights and fundamental freedoms law of a State Party or international law in force set out in the present Convention.

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Article 7 (b) Fostering at all levels of the education Children with disabilities system, including in all children from an early age, an attitude of respect for the rights 1. States Parties shall take all necessary measures of persons with disabilities; to ensure the full enjoyment by children with disabilities of all human rights and fundamental (c) Encouraging all organs of the media to freedoms on an equal basis with other children. portray persons with disabilities in a manner consistent with the purpose of the present 2. In all actions concerning children with Convention; disabilities, the best interests of the child shall be a primary consideration. (d) Promoting awareness-training programmes regarding persons with disabilities and the 3. States Parties shall ensure that children with rights of persons with disabilities. disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their Article 9 age and maturity, on an equal basis with other Accessibility children, and to be provided with disability and 1. To enable persons with disabilities to live age-appropriate assistance to realize that right. independently and participate fully in all aspects Article 8 of life, States Parties shall take appropriate Awareness-raising measures to ensure to persons with disabilities access, on an equal basis with others, to the 1. States Parties undertake to adopt immediate, physical environment, to transportation, to effective and appropriate measures: information and communications, including information and communications technologies (a) To raise awareness throughout society, and systems, and to other facilities and services including at the family level, regarding open or provided to the public, both in urban and persons with disabilities, and to foster respect in rural areas. These measures, which shall for the rights and dignity of persons with include the identification and elimination of disabilities; obstacles and barriers to accessibility, shall apply (b) To combat stereotypes, prejudices and to, inter alia: harmful practices relating to persons with (a) Buildings, roads, transportation and other disabilities, including those based on sex and indoor and outdoor facilities, including age, in all areas of life; schools, housing, medical facilities and (c) To promote awareness of the capabilities and workplaces; contributions of persons with disabilities. (b) Information, communications and other 2. Measures to this end include: services, including electronic services and emergency services. (a) Initiating and maintaining effective public awareness campaigns designed: 2. States Parties shall also take appropriate measures to: (i) To nurture receptiveness to the rights of persons with disabilities; (a) Develop, promulgate and monitor the implementation of minimum standards and (ii) To promote positive perceptions and guidelines for the accessibility of facilities greater social awareness towards persons and services open or provided to the public; with disabilities; (b) Ensure that private entities that offer (iii) To promote recognition of the skills, merits facilities and services which are open or and abilities of persons with disabilities, provided to the public take into account all and of their contributions to the workplace aspects of accessibility for persons with and the labour market; disabilities;

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(c) Provide training for stakeholders on Article 12 accessibility issues facing persons with Equal recognition before the law disabilities; 1. States Parties reaffirm that persons with (d) Provide in buildings and other facilities open disabilities have the right to recognition to the public signage in Braille and in easy to everywhere as persons before the law. read and understand forms; 2. States Parties shall recognize that persons with (e) Provide forms of live assistance and disabilities enjoy legal capacity on an equal intermediaries, including guides, readers and basis with others in all aspects of life. professional sign language interpreters, to facilitate accessibility to buildings and other 3. States Parties shall take appropriate measures to facilities open to the public; provide access by persons with disabilities to the support they may require in exercising their legal (f) Promote other appropriate forms of capacity. assistance and support to persons with disabilities to ensure their access to 4. States Parties shall ensure that all measures that information; relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent (g) Promote access for persons with disabilities abuse in accordance with international human to new information and communications rights law. Such safeguards shall ensure that technologies and systems, including the measures relating to the exercise of legal Internet; capacity respect the rights, will and preferences of the person, are free of conflict of interest and (h) Promote the design, development, undue influence, are proportional and tailored to production and distribution of accessible the person's circumstances, apply for the shortest information and communications time possible and are subject to regular review by technologies and systems at an early stage, a competent, independent and impartial so that these technologies and systems authority or judicial body. The safeguards shall become accessible at minimum cost. be proportional to the degree to which such measures affect the person's rights and interests. Article 10 Right to life 5. Subject to the provisions of this article, States Parties shall take all appropriate and effective States Parties reaffirm that every human being has measures to ensure the equal right of persons the inherent right to life and shall take all with disabilities to own or inherit property, to necessary measures to ensure its effective control their own financial affairs and to have enjoyment by persons with disabilities on an equal equal access to bank loans, mortgages and other basis with others. forms of financial credit, and shall ensure that Article 11 persons with disabilities are not arbitrarily Situations of risk and humanitarian emergencies deprived of their property.

States Parties shall take, in accordance with their Article 13 obligations under international law, including Access to justice international humanitarian law and international 1. States Parties shall ensure effective access to human rights law, all necessary measures to ensure justice for persons with disabilities on an equal the protection and safety of persons with basis with others, including through the disabilities in situations of risk, including situations provision of procedural and age-appropriate of armed conflict, humanitarian emergencies and accommodations, in order to facilitate their the occurrence of natural disasters. effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.

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2. In order to help to ensure effective access to from all forms of exploitation, violence and justice for persons with disabilities, States Parties abuse, including their gender-based aspects. shall promote appropriate training for those working in the field of administration of justice, 2. States Parties shall also take all appropriate including police and prison staff. measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, Article 14 appropriate forms of gender- and age-sensitive Liberty and security of the person assistance and support for persons with disabilities and their families and caregivers, 1. States Parties shall ensure that persons with including through the provision of information disabilities, on an equal basis with others: and education on how to avoid, recognize and report instances of exploitation, violence and (a) Enjoy the right to liberty and security of abuse. States Parties shall ensure that protection person; services are age-, gender- and disability-sensitive. (b) Are not deprived of their liberty unlawfully or 3. In order to prevent the occurrence of all forms of arbitrarily, and that any deprivation of exploitation, violence and abuse, States Parties liberty is in conformity with the law, and that shall ensure that all facilities and programmes the existence of a disability shall in no case designed to serve persons with disabilities are justify a deprivation of liberty. effectively monitored by independent 2. States Parties shall ensure that if persons with authorities. disabilities are deprived of their liberty through 4. States Parties shall take all appropriate measures any process, they are, on an equal basis with to promote the physical, cognitive and others, entitled to guarantees in accordance with psychological recovery, rehabilitation and social international human rights law and shall be reintegration of persons with disabilities who treated in compliance with the objectives and become victims of any form of exploitation, principles of this Convention, including by violence or abuse, including through the provision of reasonable accommodation. provision of protection services. Such recovery Article 15 and reintegration shall take place in an Freedom from torture or cruel, inhuman or environment that fosters the health, welfare, degrading treatment or punishment self-respect, dignity and autonomy of the person and takes into account gender- and age-specific 1. No one shall be subjected to torture or to cruel, needs. inhuman or degrading treatment or punishment. In particular, no one shall be subjected without 5. States Parties shall put in place effective his or her free consent to medical or scientific legislation and policies, including women- and experimentation. child-focused legislation and policies, to ensure that instances of exploitation, violence and 2. States Parties shall take all effective legislative, abuse against persons with disabilities are administrative, judicial or other measures to identified, investigated and, where appropriate, prevent persons with disabilities, on an equal prosecuted. basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment. Article 17 Article 16 Protecting the integrity of the person Freedom from exploitation, violence and abuse Every person with disabilities has a right to respect 1. States Parties shall take all appropriate for his or her physical and mental integrity on an legislative, administrative, social, educational equal basis with others. and other measures to protect persons with disabilities, both within and outside the home,

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Article 18 (b) Persons with disabilities have access to a range Liberty of movement and nationality of in-home, residential and other community support services, including personal assistance 1. States Parties shall recognize the rights of necessary to support living and inclusion in the persons with disabilities to liberty of movement, community, and to prevent isolation or to freedom to choose their residence and to a segregation from the community; nationality, on an equal basis with others, including by ensuring that persons with (c) Community services and facilities for the disabilities: general population are available on an equal basis to persons with disabilities and are (a) Have the right to acquire and change a responsive to their needs. nationality and are not deprived of their nationality arbitrarily or on the basis of Article 20 disability; Personal mobility

(b) Are not deprived, on the basis of disability, of States Parties shall take effective measures to their ability to obtain, possess and utilize ensure personal mobility with the greatest possible documentation of their nationality or other independence for persons with disabilities, documentation of identification, or to utilize including by: relevant processes such as immigration proceedings, that may be needed to facilitate (a) Facilitating the personal mobility of persons exercise of the right to liberty of movement; with disabilities in the manner and at the time of their choice, and at affordable cost; (c) Are free to leave any country, including their own; (b) Facilitating access by persons with disabilities to quality mobility aids, devices, assistive (d) Are not deprived, arbitrarily or on the basis of technologies and forms of live assistance and disability, of the right to enter their own intermediaries, including by making them country. available at affordable cost;

2. Children with disabilities shall be registered (c) Providing training in mobility skills to persons immediately after birth and shall have the right with disabilities and to specialist staff working from birth to a name, the right to acquire a with persons with disabilities; nationality and, as far as possible, the right to know and be cared for by their parents. (d) Encouraging entities that produce mobility aids, devices and assistive technologies to take into Article 19 account all aspects of mobility for persons with Living independently and being included in the disabilities. community Article 21 States Parties to this Convention recognize the Freedom of expression and opinion, and access to equal right of all persons with disabilities to live in information the community, with choices equal to others, and shall take effective and appropriate measures to States Parties shall take all appropriate measures to facilitate full enjoyment by persons with disabilities ensure that persons with disabilities can exercise of this right and their full inclusion and the right to freedom of expression and opinion, participation in the community, including by including the freedom to seek, receive and impart ensuring that: information and ideas on an equal basis with others and through all forms of communication of (a) Persons with disabilities have the opportunity their choice, as defined in article 2 of the present to choose their place of residence and where Convention, including by: and with whom they live on an equal basis with others and are not obliged to live in a particular (a) Providing information intended for the general living arrangement; public to persons with disabilities in accessible

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formats and technologies appropriate to (a) The right of all persons with disabilities who are different kinds of disabilities in a timely manner of marriageable age to marry and to found a and without additional cost; family on the basis of free and full consent of the intending spouses is recognized; (b) Accepting and facilitating the use of sign languages, Braille, augmentative and (b) The rights of persons with disabilities to decide alternative communication, and all other freely and responsibly on the number and accessible means, modes and formats of spacing of their children and to have access to communication of their choice by persons with age-appropriate information, reproductive and disabilities in official interactions; family planning education are recognized, and the means necessary to enable them to exercise (c) Urging private entities that provide services to these rights are provided; the general public, including through the Internet, to provide information and services in (c) Persons with disabilities, including children, accessible and usable formats for persons with retain their fertility on an equal basis with disabilities; others.

(d) Encouraging the mass media, including 2. States Parties shall ensure the rights and providers of information through the Internet, responsibilities of persons with disabilities, with to make their services accessible to persons with regard to guardianship, wardship, trusteeship, disabilities; adoption of children or similar institutions, where these concepts exist in national (e) Recognizing and promoting the use of sign legislation; in all cases the best interests of the languages. child shall be paramount. States Parties shall render appropriate assistance to persons with Article 22 disabilities in the performance of their child- Respect for privacy rearing responsibilities. 1. No person with disabilities, regardless of place of 3. States Parties shall ensure that children with residence or living arrangements, shall be disabilities have equal rights with respect to subjected to arbitrary or unlawful interference family life. With a view to realizing these rights, with his or her privacy, family, home or and to prevent concealment, abandonment, correspondence or other types of communication neglect and segregation of children with or to unlawful attacks on his or her honour and disabilities, States Parties shall undertake to reputation. Persons with disabilities have the provide early and comprehensive information, right to the protection of the law against such services and support to children with disabilities interference or attacks. and their families. 2. States Parties shall protect the privacy of 4. States Parties shall ensure that a child shall not personal, health and rehabilitation information be separated from his or her parents against their of persons with disabilities on an equal basis will, except when competent authorities subject with others. to judicial review determine, in accordance with Article 23 applicable law and procedures, that such Respect for home and the family separation is necessary for the best interests of the child. In no case shall a child be separated 1. States Parties shall take effective and from parents on the basis of a disability of either appropriate measures to eliminate the child or one or both of the parents. discrimination against persons with disabilities in all matters relating to marriage, family, 5. States Parties shall, where the immediate family parenthood and relationships, on an equal basis is unable to care for a child with disabilities, with others, so as to ensure that: undertake every effort to provide alternative care within the wider family, and failing that, within the community in a family setting.

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Article 24 (a) Facilitating the learning of Braille, alternative Education script, augmentative and alternative modes, means and formats of communication and 1. States Parties recognize the right of persons with orientation and mobility skills, and facilitating disabilities to education. With a view to realizing peer support and mentoring; this right without discrimination and on the basis of equal opportunity, States Parties shall (b) Facilitating the learning of sign language and ensure an inclusive education system at all levels the promotion of the linguistic identity of the and life long learning directed to: deaf community;

(a) The full development of human potential and (c) Ensuring that the education of persons, and in sense of dignity and self-worth, and the particular children, who are blind, deaf or strengthening of respect for human rights, deafblind, is delivered in the most appropriate fundamental freedoms and human diversity; languages and modes and means of communication for the individual, and in (b) The development by persons with disabilities of environments which maximize academic and their personality, talents and creativity, as well social development. as their mental and physical abilities, to their fullest potential; 4. In order to help ensure the realization of this right, States Parties shall take appropriate (c) Enabling persons with disabilities to participate measures to employ teachers, including teachers effectively in a free society. with disabilities, who are qualified in sign language and/or Braille, and to train 2. In realizing this right, States Parties shall ensure professionals and staff who work at all levels of that: education. Such training shall incorporate (a) Persons with disabilities are not excluded from disability awareness and the use of appropriate the general education system on the basis of augmentative and alternative modes, means and disability, and that children with disabilities are formats of communication, educational not excluded from free and compulsory primary techniques and materials to support persons education, or from secondary education, on the with disabilities. basis of disability; 5. States Parties shall ensure that persons with (b) Persons with disabilities can access an inclusive, disabilities are able to access general tertiary quality and free primary education and education, vocational training, adult education secondary education on an equal basis with and lifelong learning without discrimination and others in the communities in which they live; on an equal basis with others. To this end, States Parties shall ensure that reasonable (c) Reasonable accommodation of the individual's accommodation is provided to persons with requirements is provided; disabilities.

(d) Persons with disabilities receive the support Article 25 required, within the general education system, Health to facilitate their effective education; States Parties recognize that persons with (e) Effective individualized support measures are disabilities have the right to the enjoyment of the provided in environments that maximize highest attainable standard of health without academic and social development, consistent discrimination on the basis of disability. States with the goal of full inclusion. Parties shall take all appropriate measures to ensure access for persons with disabilities to health 3. States Parties shall enable persons with services that are gender-sensitive, including health- disabilities to learn life and social development related rehabilitation. In particular, States Parties skills to facilitate their full and equal shall: participation in education and as members of the community. To this end, States Parties shall take (a) Provide persons with disabilities with the same appropriate measures, including: Queensland Advocacy Incorporated 159 APPENDIX 1

range, quality and standard of free or (a) Begin at the earliest possible stage, and are affordable health care and programmes as based on the multidisciplinary assessment of provided to other persons, including in the area individual needs and strengths; of sexual and reproductive health and population-based public health programmes; (b) Support participation and inclusion in the community and all aspects of society, are (b) Provide those health services needed by voluntary, and are available to persons with persons with disabilities specifically because of disabilities as close as possible to their own their disabilities, including early identification communities, including in rural areas. and intervention as appropriate, and services designed to minimize and prevent further 2. States Parties shall promote the development disabilities, including among children and older of initial and continuing training for persons; professionals and staff working in habilitation and rehabilitation services. (c) Provide these health services as close as possible to people's own communities, including 3. States Parties shall promote the availability, in rural areas; knowledge and use of assistive devices and technologies, designed for persons with (d) Require health professionals to provide care of disabilities, as they relate to habilitation and the same quality to persons with disabilities as rehabilitation. to others, including on the basis of free and informed consent by, inter alia, raising Article 27 awareness of the human rights, dignity, Work and employment autonomy and needs of persons with 1 States Parties recognize the right of persons disabilities through training and the with disabilities to work, on an equal basis with promulgation of ethical standards for public others; this includes the right to the and private health care; opportunity to gain a living by work freely (e) Prohibit discrimination against persons with chosen or accepted in a labour market and work disabilities in the provision of health insurance, environment that is open, inclusive and and life insurance where such insurance is accessible to persons with disabilities. States permitted by national law, which shall be Parties shall safeguard and promote the provided in a fair and reasonable manner; realization of the right to work, including for those who acquire a disability during the course (f) Prevent discriminatory denial of health care or of employment, by taking appropriate steps, health services or food and fluids on the basis of including through legislation, to, inter alia: disability. (a) Prohibit discrimination on the basis of disability Article 26 with regard to all matters concerning all forms Habilitation and rehabilitation of employment, including conditions of recruitment, hiring and employment, 1. States Parties shall take effective and continuance of employment, career appropriate measures, including through peer advancement and safe and healthy working support, to enable persons with disabilities to conditions; attain and maintain maximum independence, full physical, mental, social and vocational (b) Protect the rights of persons with disabilities, on ability, and full inclusion and participation in all an equal basis with others, to just and aspects of life. To that end, States Parties shall favourable conditions of work, including equal organize, strengthen and extend comprehensive opportunities and equal remuneration for work habilitation and rehabilitation services and of equal value, safe and healthy working programmes, particularly in the areas of health, conditions, including protection from employment, education and social services, in harassment, and the redress of grievances; such a way that these services and programmes:

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(c) Ensure that persons with disabilities are able to and promote the realization of this right without exercise their labour and trade union rights on discrimination on the basis of disability. an equal basis with others; 2. States Parties recognize the right of persons with (d) Enable persons with disabilities to have disabilities to social protection and to the effective access to general technical and enjoyment of that right without discrimination vocational guidance programmes, placement on the basis of disability, and shall take services and vocational and continuing appropriate steps to safeguard and promote the training; realization of this right, including measures:

(e) Promote employment opportunities and career (a) To ensure equal access by persons with advancement for persons with disabilities in the disabilities to clean water services, and to labour market, as well as assistance in finding, ensure access to appropriate and affordable obtaining, maintaining and returning to services, devices and other assistance for employment; disability-related needs;

(f) Promote opportunities for self-employment, (b) To ensure access by persons with disabilities, in entrepreneurship, the development of particular women and girls with disabilities and cooperatives and starting one's own business; older persons with disabilities, to social protection programmes and poverty reduction (g) Employ persons with disabilities in the public programmes; sector; (c) To ensure access by persons with disabilities (h) Promote the employment of persons with and their families living in situations of poverty disabilities in the private sector through to assistance from the State with disability- appropriate policies and measures, which may related expenses, including adequate training, include affirmative action programmes, counselling, financial assistance and respite incentives and other measures; care;

(i) Ensure that reasonable accommodation is (d) To ensure access by persons with disabilities to provided to persons with disabilities in the public housing programmes; workplace; (e) To ensure equal access by persons with (j) Promote the acquisition by persons with disabilities to retirement benefits and disabilities of work experience in the open programmes. labour market; Article 29 (k) Promote vocational and professional Participation in political and public life rehabilitation, job retention and return-to-work programmes for persons with disabilities. States Parties shall guarantee to persons with disabilities political rights and the opportunity to 2. States Parties shall ensure that persons with enjoy them on an equal basis with others, and shall disabilities are not held in slavery or in servitude, undertake to: and are protected, on an equal basis with others, from forced or compulsory labour. (a) Ensure that persons with disabilities can effectively and fully participate in political and Article 28 public life on an equal basis with others, directly Adequate standard of living and social protection or through freely chosen representatives, including the right and opportunity for persons 1. States Parties recognize the right of persons with with disabilities to vote and be elected, inter disabilities to an adequate standard of living for alia, by: themselves and their families, including adequate food, clothing and housing, and to the (i) Ensuring that voting procedures, facilities continuous improvement of living conditions, and materials are appropriate, accessible and and shall take appropriate steps to safeguard easy to understand and use;

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(ii) Protecting the right of persons with 2. States Parties shall take appropriate measures disabilities to vote by secret ballot in to enable persons with disabilities to have the elections and public referendums without opportunity to develop and utilize their intimidation, and to stand for elections, to creative, artistic and intellectual potential, not effectively hold office and perform all public only for their own benefit, but also for the functions at all levels of government, enrichment of society. facilitating the use of assistive and new technologies where appropriate; 3. States Parties shall take all appropriate steps, in accordance with international law, to ensure (iii) Guaranteeing the free expression of the will that laws protecting intellectual property rights of persons with disabilities as electors and to do not constitute an unreasonable or this end, where necessary, at their request, discriminatory barrier to access by persons with allowing assistance in voting by a person of disabilities to cultural materials. their own choice; 4. Persons with disabilities shall be entitled, on an (b) Promote actively an environment in which equal basis with others, to recognition and persons with disabilities can effectively and support of their specific cultural and linguistic fully participate in the conduct of public affairs, identity, including sign languages and deaf without discrimination and on an equal basis culture. with others, and encourage their participation in public affairs, including: 5. With a view to enabling persons with disabilities to participate on an equal basis with (i) Participation in non-governmental others in recreational, leisure and sporting organizations and associations concerned activities, States Parties shall take appropriate with the public and political life of the measures: country, and in the activities and administration of political parties; (a) To encourage and promote the participation, to the fullest extent possible, of persons with (ii) Forming and joining organizations of persons disabilities in mainstream sporting activities at with disabilities to represent persons with all levels; disabilities at international, national, regional and local levels. (b) To ensure that persons with disabilities have an opportunity to organize, develop and Article 30 participate in disability-specific sporting and Participation in cultural life, recreation, leisure recreational activities and, to this end, and sport encourage the provision, on an equal basis with others, of appropriate instruction, training and 1. States Parties recognize the right of persons with resources; disabilities to take part on an equal basis with others in cultural life, and shall take all (c) To ensure that persons with disabilities have appropriate measures to ensure that persons access to sporting, recreational and tourism with disabilities: venues;

(a) Enjoy access to cultural materials in accessible (d) To ensure that children with disabilities have formats; equal access with other children to participation in play, recreation and leisure and (b) Enjoy access to television programmes, films, sporting activities, including those activities in theatre and other cultural activities, in the school system; accessible formats; (e) To ensure that persons with disabilities have (c) Enjoy access to places for cultural performances access to services from those involved in the or services, such as theatres, museums, cinemas, organization of recreational, tourism, leisure libraries and tourism services, and, as far as and sporting activities. possible, enjoy access to monuments and sites of national cultural importance.

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Article 31 (b) Facilitating and supporting capacity-building, Statistics and data collection including through the exchange and sharing of information, experiences, training programmes 1. States Parties undertake to collect appropriate and best practices; information, including statistical and research data, to enable them to formulate and (c) Facilitating cooperation in research and access implement policies to give effect to the present to scientific and technical knowledge; Convention. The process of collecting and maintaining this information shall: (d) Providing, as appropriate, technical and economic assistance, including by facilitating (a) Comply with legally established safeguards, access to and sharing of accessible and assistive including legislation on data protection, to technologies, and through the transfer of ensure confidentiality and respect for the technologies. privacy of persons with disabilities; 2. The provisions of this article are without (b) Comply with internationally accepted norms to prejudice to the obligations of each State Party protect human rights and fundamental to fulfil its obligations under the present freedoms and ethical principles in the collection Convention. and use of statistics. Article 33 2. The information collected in accordance with National implementation and monitoring this article shall be disaggregated, as appropriate, and used to help assess the 1. States Parties, in accordance with their system implementation of States Parties' obligations of organization, shall designate one or more under the present Convention and to identify focal points within government for matters and address the barriers faced by persons with relating to the implementation of the present disabilities in exercising their rights. Convention, and shall give due consideration to the establishment or designation of a 3. States Parties shall assume responsibility for coordination mechanism within government to the dissemination of these statistics and ensure facilitate related action in different sectors and their accessibility to persons with disabilities at different levels. and others. 2. States Parties shall, in accordance with their Article 32 legal and administrative systems, maintain, International cooperation strengthen, designate or establish within the State Party, a framework, including one or more 1. States Parties recognize the importance of independent mechanisms, as appropriate, to international cooperation and its promotion, in promote, protect and monitor implementation support of national efforts for the realization of of the present Convention. When designating or the purpose and objectives of the present establishing such a mechanism, States Parties Convention, and will undertake appropriate and shall take into account the principles relating to effective measures in this regard, between and the status and functioning of national among States and, as appropriate, in institutions for protection and promotion of partnership with relevant international and human rights. regional organizations and civil society, in particular organizations of persons with 3. Civil society, in particular persons with disabilities. Such measures could include, inter disabilities and their representative alia: organizations, shall be involved and participate fully in the monitoring process. (a) Ensuring that international cooperation, including international development programmes, is inclusive of and accessible to persons with disabilities;

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Article 34 prepare a list in alphabetical order of all Committee on the Rights of Persons with persons thus nominated, indicating the State Disabilities Parties which have nominated them, and shall submit it to the States Parties to the present 1. There shall be established a Committee on the Convention. Rights of Persons with Disabilities (hereafter referred to as “the Committee”), which shall 7. The members of the Committee shall be elected carry out the functions hereinafter provided. for a term of four years. They shall be eligible for re-election once. However, the term of six of 2. The Committee shall consist, at the time of the members elected at the first election shall entry into force of the present Convention, of expire at the end of two years; immediately twelve experts. After an additional sixty after the first election, the names of these six ratifications or accessions to the Convention, members shall be chosen by lot by the the membership of the Committee shall chairperson of the meeting referred to in increase by six members, attaining a maximum paragraph 5 of this article. number of eighteen members. 8. The election of the six additional members of 3. The members of the Committee shall serve in the Committee shall be held on the occasion of their personal capacity and shall be of high regular elections, in accordance with the moral standing and recognized competence relevant provisions of this article. and experience in the field covered by the present Convention. When nominating their 9. If a member of the Committee dies or resigns or candidates, States Parties are invited to give due declares that for any other cause she or he can consideration to the provision set out in article no longer perform her or his duties, the State 4.3 of the present Convention. Party which nominated the member shall appoint another expert possessing the 4. The members of the Committee shall be elected qualifications and meeting the requirements set by States Parties, consideration being given to out in the relevant provisions of this article, to equitable geographical distribution, serve for the remainder of the term. representation of the different forms of civilization and of the principal legal systems, 10. The Committee shall establish its own rules of balanced gender representation and procedure. participation of experts with disabilities. 11. The Secretary-General of the United Nations 5. The members of the Committee shall be elected shall provide the necessary staff and facilities by secret ballot from a list of persons for the effective performance of the functions of nominated by the States Parties from among the Committee under the present Convention, their nationals at meetings of the Conference of and shall convene its initial meeting. States Parties. At those meetings, for which two thirds of States Parties shall constitute a 12. With the approval of the General Assembly, the quorum, the persons elected to the Committee members of the Committee established under shall be those who obtain the largest number of the present Convention shall receive votes and an absolute majority of the votes of emoluments from United Nations resources on the representatives of States Parties present such terms and conditions as the Assembly may and voting. decide, having regard to the importance of the Committee's responsibilities. 6. The initial election shall be held no later than six months after the date of entry into force of 13. The members of the Committee shall be entitled the present Convention. At least four months to the facilities, privileges and immunities of before the date of each election, the Secretary- experts on mission for the United Nations as General of the United Nations shall address a laid down in the relevant sections of the letter to the States Parties inviting them to Convention on the Privileges and Immunities of submit the nominations within two months. the United Nations. The Secretary-General shall subsequently

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Article 35 Committee, if the relevant report is not Reports by States Parties submitted within three months following the notification. The Committee shall invite the 1. Each State Party shall submit to the Committee, State Party concerned to participate in such through the Secretary-General of the United examination. Should the State Party respond by Nations, a comprehensive report on measures submitting the relevant report, the provisions of taken to give effect to its obligations under the paragraph 1 of this article will apply. present Convention and on the progress made in that regard, within two years after the entry 3. The Secretary-General of the United Nations into force of the present Convention for the shall make available the reports to all States State Party concerned. Parties.

2. Thereafter, States Parties shall submit 4. States Parties shall make their reports widely subsequent reports at least every four years available to the public in their own countries and further whenever the Committee so and facilitate access to the suggestions and requests. general recommendations relating to these reports. 3. The Committee shall decide any guidelines applicable to the content of the reports. 5. The Committee shall transmit, as it may consider appropriate, to the specialized 4. A State Party which has submitted a agencies, funds and programmes of the United comprehensive initial report to the Committee Nations, and other competent bodies, reports need not, in its subsequent reports, repeat from States Parties in order to address a request information previously provided. When or indication of a need for technical advice or preparing reports to the Committee, States assistance contained therein, along with the Parties are invited to consider doing so in an Committee's observations and open and transparent process and to give due recommendations, if any, on these requests or consideration to the provision set out in article indications. 4.3 of the present Convention. Article 37 5. Reports may indicate factors and difficulties Cooperation between States Parties and the affecting the degree of fulfilment of obligations Committee under the present Convention. 1. Each State Party shall cooperate with the Article 36 Committee and assist its members in the Consideration of reports fulfilment of their mandate.

1. Each report shall be considered by the 2. In its relationship with States Parties, the Committee, which shall make such suggestions Committee shall give due consideration to ways and general recommendations on the report as and means of enhancing national capacities for it may consider appropriate and shall forward the implementation of the present Convention, these to the State Party concerned. The State including through international cooperation. Party may respond with any information it chooses to the Committee. The Committee may Article 38 request further information from States Parties Relationship of the Committee with other bodies relevant to the implementation of the present Convention. In order to foster the effective implementation of the present Convention and to encourage 2. If a State Party is significantly overdue in the international cooperation in the field covered by submission of a report, the Committee may the present Convention: notify the State Party concerned of the need to examine the implementation of the present (a) The specialized agencies and other United Convention in that State Party, on the basis of Nations organs shall be entitled to be reliable information available to the represented at the consideration of the

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implementation of such provisions of the Article 41 present Convention as fall within the scope of Depositary their mandate. The Committee may invite the specialized agencies and other competent The Secretary-General of the United Nations shall bodies as it may consider appropriate to provide be the depositary of the present Convention. expert advice on the implementation of the Article 42 Convention in areas falling within the scope of Signature their respective mandates. The Committee may invite specialized agencies and other United The present Convention shall be open for signature Nations organs to submit reports on the by all States and by regional integration implementation of the Convention in areas organizations at United Nations Headquarters in falling within the scope of their activities; New York as of 30 March 2007.

(b) The Committee, as it discharges its mandate, Article 43 shall consult, as appropriate, other relevant Consent to be bound bodies instituted by international human rights treaties, with a view to ensuring the consistency The present Convention shall be subject to of their respective reporting guidelines, ratification by signatory States and to formal suggestions and general recommendations, and confirmation by signatory regional integration avoiding duplication and overlap in the organizations. It shall be open for accession by any performance of their functions. State or regional integration organization which has not signed the Convention. Article 39 Report of the Committee Article 44 Regional integration organizations The Committee shall report every two years to the General Assembly and to the Economic and Social 1. “Regional integration organization” shall mean Council on its activities, and may make suggestions an organization constituted by sovereign States and general recommendations based on the of a given region, to which its member States examination of reports and information received have transferred competence in respect of from the States Parties. Such suggestions and matters governed by this Convention. Such general recommendations shall be included in the organizations shall declare, in their instruments report of the Committee together with comments, if of formal confirmation or accession, the extent any, from States Parties. of their competence with respect to matters governed by this Convention. Subsequently, they Article 40 shall inform the depositary of any substantial Conference of States Parties modification in the extent of their competence.

1. The States Parties shall meet regularly in a 2. References to “States Parties” in the present Conference of States Parties in order to consider Convention shall apply to such organizations any matter with regard to the implementation within the limits of their competence. of the present Convention. 3. For the purposes of article 45, paragraph 1, and 2. No later than six months after the entry into article 47, paragraphs 2 and 3, any instrument force of the present Convention, the Conference deposited by a regional integration of the States Parties shall be convened by the organization shall not be counted. Secretary-General of the United Nations. The subsequent meetings shall be convened by the 4. Regional integration organizations, in matters Secretary-General of the United Nations within their competence, may exercise their biennially or upon the decision of the right to vote in the Conference of States Parties, Conference of States Parties. with a number of votes equal to the number of their member States that are Parties to this Convention. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa. Queensland Advocacy Incorporated 166 APPENDIX 1

Article 45 enter into force for any State Party on the Entry into force thirtieth day following the deposit of its own instrument of acceptance. An amendment shall 1. The present Convention shall enter into force on be binding only on those States Parties which the thirtieth day after the deposit of the have accepted it. twentieth instrument of ratification or accession. 3. If so decided by the Conference of States Parties by consensus, an amendment adopted and 2. For each State or regional integration approved in accordance with paragraph 1 of organization ratifying, formally confirming or this article which relates exclusively to articles acceding to the Convention after the deposit of 34, 38, 39 and 40 shall enter into force for all the twentieth such instrument, the Convention States Parties on the thirtieth day after the shall enter into force on the thirtieth day after number of instruments of acceptance deposited the deposit of its own such instrument. reaches two thirds of the number of States Parties at the date of adoption of the Article 46 amendment. Reservations Article 48 1. Reservations incompatible with the object and Denunciation purpose of the present Convention shall not be permitted. A State Party may denounce the present Convention by written notification to the Secretary- 2. Reservations may be withdrawn at any time. General of the United Nations. The denunciation Article 47 shall become effective one year after the date of Amendments receipt of the notification by the Secretary-General.

1. Any State Party may propose an amendment to Article 49 the present Convention and submit it to the Accessible format Secretary-General of the United Nations. The The text of the present Convention shall be made Secretary-General shall communicate any available in accessible formats. proposed amendments to States Parties, with a request to be notified whether they favour a Article 50 conference of States Parties for the purpose of Authentic texts considering and deciding upon the proposals. In the event that, within four months from the The Arabic, Chinese, English, French, Russian and date of such communication, at least one third Spanish texts of the present Convention shall be of the States Parties favour such a conference, equally authentic. the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of two thirds of the States Parties present and voting shall be submitted by the Secretary-General to the General Assembly for approval and thereafter to all States Parties for acceptance.

2. An amendment adopted and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties at the date of adoption of the amendment. Thereafter, the amendment shall

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The States Parties to the present Protocol have agreed application of the remedies is unreasonably as follows : prolonged or unlikely to bring effective relief;

Article 1 (e) It is manifestly ill-founded or not sufficiently substantiated; or when 1. A State Party to the present Protocol (“State Party”) recognizes the competence of the (f) The facts that are the subject of the Committee on the Rights of Persons with communication occurred prior to the entry into Disabilities (“the Committee”) to receive and force of the present Protocol for the State Party consider communications from or on behalf of concerned unless those facts continued after individuals or groups of individuals subject to its that date. jurisdiction who claim to be victims of a violation by that State Party of the provisions of Article 3 the Convention. Subject to the provisions of article 2 of the present 2. No communication shall be received by the Protocol, the Committee shall bring any Committee if it concerns a State Party to the communications submitted to it confidentially to Convention that is not a party to the present the attention of the State Party. Within six months, Protocol. the receiving State shall submit to the Committee written explanations or statements clarifying the Article 2 matter and the remedy, if any, that may have been taken by that State. The Committee shall consider a communication in admissible when: Article 4

(a) The communication is anonymous; 1. At any time after the receipt of a communication and before a determination on (b) The communication constitutes an abuse of the the merits has been reached, the Committee right of submission of such communications or may transmit to the State Party concerned for is incompatible with the provisions of the its urgent consideration a request that the State Convention; Party take such interim measures as may be necessary to avoid possible irreparable damage (c) The same matter has already been examined to the victim or victims of the alleged violation. by the Committee or has been or is being examined under another procedure of 2. Where the Committee exercises its discretion international investigation or settlement; under paragraph 1 of this article, this does not imply a determination on admissibility or on (d) All available domestic remedies have not been the merits of the communication. exhausted. This shall not be the rule where the

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Article 5 2. The Committee may, if necessary, after the end of the period of six months referred to in article The Committee shall hold closed meetings when 6.4, invite the State Party concerned to inform it examining communications under the present of the measures taken in response to such an Protocol. After examining a communication, the inquiry. Committee shall forward its suggestions and recommendations, if any, to the State Party Article 8 concerned and to the petitioner. Each State Party may, at the time of signature or Article 6 ratification of the present Protocol or accession thereto, declare that it does not recognize the 1. If the Committee receives reliable information competence of the Committee provided for in indicating grave or systematic violations by a articles 6 and 7. State Party of rights set forth in the Convention, the Committee shall invite that State Party to Article 9 cooperate in the examination of the information and to this end submit The Secretary-General of the United Nations shall observations with regard to the information be the depositary of the present Protocol. concerned. Article 10 2. Taking into account any observations that may The present Protocol shall be open for signature by have been submitted by the State Party signatory States and regional integration concerned as well as any other reliable organizations of the Convention at United Nations information available to it, the Committee may Headquarters in New York as of 30 March 2007. designate one or more of its members to conduct an inquiry and to report urgently to the Article 11 Committee. Where warranted and with the consent of the State Party, the inquiry may The present Protocol shall be subject to ratification include a visit to its territory. by signatory States of this Protocol which have ratified or acceded to the Convention. It shall be 3. After examining the findings of such an inquiry, subject to formal confirmation by signatory the Committee shall transmit these findings to regional integration organizations of this Protocol the State Party concerned together with any which have formally confirmed or acceded to the comments and recommendations. Convention. It shall be open for accession by any State or regional integration organization which 4. The State Party concerned shall, within six has ratified, formally confirmed or acceded to the months of receiving the findings, comments Convention and which has not signed the Protocol. and recommendations transmitted by the Committee, submit its observations to the Article 12 Committee. 1. “Regional integration organization” shall mean 5. Such an inquiry shall be conducted an organization constituted by sovereign States confidentially and the cooperation of the State of a given region, to which its member States Party shall be sought at all stages of the have transferred competence in respect of proceedings. matters governed by the Convention and this Protocol. Such organizations shall declare, in Article 7 their instruments of formal confirmation or 1. The Committee may invite the State Party accession, the extent of their competence with concerned to include in its report under article respect to matters governed by the Convention 35 of the Convention details of any measures and this Protocol. Subsequently, they shall taken in response to an inquiry conducted inform the depositary of any substantial under article 6 of the present Protocol. modification in the extent of their competence.

Queensland Advocacy Incorporated 169 2. References to “States Parties” in the present Secretary-General shall convene the meeting Protocol shall apply to such organizations under the auspices of the United Nations. Any within the limits of their competence. amendment adopted by a majority of two thirds of the States Parties present and voting 3. For the purposes of article 13, paragraph 1, and shall be submitted by the Secretary-General to article 15, paragraph 2, any instrument the General Assembly for approval and deposited by a regional integration thereafter to all States Parties for acceptance. organization shall not be counted. 2. An amendment adopted and approved in 4. Regional integration organizations, in matters accordance with paragraph 1 of this article shall within their competence, may exercise their enter into force on the thirtieth day after the right to vote in the meeting of States Parties, number of instruments of acceptance deposited with a number of votes equal to the number of reaches two thirds of the number of States their member States that are Parties to this Parties at the date of adoption of the Protocol. Such an organization shall not amendment. Thereafter, the amendment shall exercise its right to vote if any of its member enter into force for any State Party on the States exercises its right, and vice versa. thirtieth day following the deposit of its own instrument of acceptance. An amendment shall Article 13 be binding only on those States Parties which 1. Subject to the entry into force of the have accepted it. Convention, the present Protocol shall enter Article 16 into force on the thirtieth day after the deposit of the tenth instrument of ratification or A State Party may denounce the present Protocol accession. by written notification to the Secretary-General of the United Nations. The denunciation shall become 2. For each State or regional integration effective one year after the date of receipt of the organization ratifying, formally confirming or notification by the Secretary-General. acceding to the Protocol after the deposit of the tenth such instrument, the Protocol shall enter Article 17 into force on the thirtieth day after the deposit of its own such instrument. The text of the present Protocol shall be made available in accessible formats. Article 14 Article 18 1. Reservations incompatible with the object and purpose of the present Protocol shall not be The Arabic, Chinese, English, French, Russian and permitted. Spanish texts of the present Protocol shall be equally authentic. 2. Reservations may be withdrawn at any time.

Article 15

1. Any State Party may propose an amendment to the present Protocol and submit it to the Secretary-General of the United Nations. The Secretary-General shall communicate any proposed amendments to States Parties, with a request to be notified whether they favour a meeting of States Parties for the purpose of considering and deciding upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a meeting, the

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