HREOC Disability
Rights projects:
workplan 2008-09
This version: 15 June 2008
Introduction
This is an outline of projects planned for 2008-09. Comments are welcome and should be addressed to disabdis@humanrights.gov.au
Current and proposed projects are organised here by reference to relevant Articles of the Convention on the Rights of Persons with Disabilities.
This Convention was ratified by Australia on 19 July 2008. The Convention offers an opportunity to place the Commission's disability policy program in the context of a broader agenda on disability and human rights, and assess how projects fit into the highest level objective of the DDA, of ensuring as far as possible that people with disabilities enjoy the same rights as all members of the community.
Planning criteria
The Commission's disability rights programs are planned by reference to
- our jurisdiction under the Human Rights and Equal Opportunity Commission Act 1986 and the Disability Discrimination Act 1992 ; and
- the Commission's Strategic Plan which sets five strategic goals:
Leadership: exercise a leadership role in human rights in Australia by being visible, courageous and influential on human rights issues.
Empowerment: support and inspire others to engage in meaningful activity on human rights.
Education: assist all people in Australia to understand and exercise their rights and respect the rights of others.
Monitoring: hold individuals, organisations and government responsible for their human rights obligations
Innovation: have a collaborative, innovative and supportive work culture that enhances the quality and impact of our work.
- the Convention on the Rights of Persons with Disabilities which was ratified by Australia in July 2008.
The Convention offers an opportunity to place the Commission's disability policy program in the context of a broader agenda on disability and human rights, and assess how projects fit into the highest level objective of the DDA, of ensuring as far as possible that people with disabilities enjoy the same rights as all members of the community.
Major strategies:
- Promote implementation of Convention on Rights of Persons with Disabilities including promoting effective review of laws, policies and programs; promote awareness of Convention; promote development of NGO strategies to use Convention
- Promote adoption and implementation of DDA Disability Standards (where reasonably achievable and broadly supported)
- Use public inquiry processes, emphasising use of internet and media, to ensure opportunity to participate for broadest range of affected parties and to increase awareness of DDA requirements
- Assist and encourage industry bodies to develop compliance strategies
- Assist and encourage relevant regulatory bodies to ensure that their regimes deal with DDA requirements
- Promote and publicise development of Disability Action Plans
- Deal with DDA exemption applications through public processes to promote accountability, and in accordance with the Commission's policy so as to promote the objects of the DDA
- Ensure disability community organisations are aware of possibilities for using DDA processes effectively
- Use internet as fully as possible in all activities, to continue increasing efficiency, effectiveness of participation by interested parties, and breadth of reach of information.
- Ensure availability of material in other formats according to demand.
- Assist Commission complaints section in publicising outcomes of conciliation of complaints
- With the Commission's legal section, assist Disability Discrimination Commissioner to use amicus curiae function effectively
Project areas
Appropriate measures for implementation of rights recognised in Convention
Convention article 4.1 commits parties to:
( a) adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention
(c ) take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes;
(d) refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;
The Commission will
(1) continue to review its own operations to ensure compliance with disability access requirements, including developing procedures for ensuring accessibility in procurement of facilities and equipment.
(2) promote, including through its participation in the development of the National Disability Strategy:
- Improved cross- government and inter-governmental mechanisms for ensuring human rights in practice for people with disabilities
- Consideration by all Ministerial Councils of development of a disability rights agenda for action
- Review by all governments of current and future policies and programs to ensure that disability aspects are appropriately considered
- Review by each Commonwealth agency of its own operations to ensure compliance with disability access requirements, including considering procedures for ensuring accessibility in procurement of facilities and equipment and in contracted services
- Similar review by all State/Territory government agencies where not already occurring
- Extension of these processes to local government
- Encouragement for private sector organisations to conduct similar processes.
Legislative measures against discrimination
Convention article 4.1(b) states that parties should
take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities
The Commission will
(1) assist in finalising, and support passage of , amendments to the DDA to implement the Government's response to the Productivity Commission review of the DDA.
(2) promote and assist work as announced by the Attorney General to harmonise and simplify anti-discrimination laws nationally including in relation to disability.
Promotion of universally designed goods, services, equipment and facilities
Convention Article 4(1)(f) states that parties should
undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines
The Commission will promote, including in the context of development of a National Disability Strategy:
- Adoption of an accessible procurement policy by the Commonwealth and by other levels of government, major employers and education authorities
- Commonwealth action to lead development of networks for sharing of information on accessible procurement
- Consideration by consumer affairs ministers of options for addressing accessibility issues in consumer electronics raised in HREOC's discussion paper released in 2007
Consultation with representative organisations
Convention article 4.3 states
In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.
The Commission will
- Continue consulting with disability representative organisations on HREOC policy development and implementation
- Promote continued review and development of disability consultative structures by all levels of Government
Ensuring provision of reasonable accommodation
Convention article 5.3 states that
to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.
The Commission will
(1) Promote and assist in finalising amendments to the DDA to expressly recognise obligations to provide reasonable adjustments
(2) Review its information on reasonable adjustment in the light of these amendments when made
(3) Promote States and Territories including similar provision in anti-discrimination laws in the context of national best practice harmonisation process
(4) In the context of development of the National Mental Health and Disability Employment Strategy
- Promote further development of the JobAccess facility to provide easy access to practical information on making reasonable adjustments in employment
- Promote Review of the usability of the Workplace Modifications Scheme in consultation with employer representatives
(5) In the context of development of the National Disability Strategy
- Promote further development of mechanisms for sharing and dissemination of information on making reasonable adjustments in education
- Promote consideration of adequacy of funding arrangements for reasonable adjustments in education
Women with disabilities
(Convention Article 6.1 states:
States Parties recognize that women and girls with disabilities are subject to multiple discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms.
The Commission will
- Ensure that organisations of women with disabilities are consulted in development of its own policies and programs on disability and on gender and sex discrimination issues and promote such consultation by goverenments in development of relevant policies and programs.
- Promote a specific focus on womens health issues as part of work to address access to health services for people with disability
- Continue to work to promote protection against medically unnecessary sterilising surgery being performed
- Promote a specific focus on gender issues in development of the National Mental Health and Disability Employment Strategy including in relation to women as carers
- Promote a focus on women with disabilities in contributing to the development of a national strategy on homelessness - including accessibility and appropriateness of emergency accommodation and responses to abuse
- Promote a focus on women with disabilities in measures to address violence against women
- Continue to work to promote protection against medically unnecessary sterilising surgery being performed without informed consent by the woman or girl concerned
Children with disabilities
Convention article 7 states
States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
The Commission will
- Ensure that children with disabilities are considered in development of its policies and programs on children's rights issues
- Ensure that work on access and inclusion in education includes pre-school, primary and secondary as well as tertiary education
- Promote consideration of means for improving access to pre-school and after school care for children with disabilities in practice including appropriateness and adequacy of funding mechanisms
- Promote more effective inclusion of children with disabilities in sports
- Promote development and implementation of standards on accessibility of play and recreation facilities and equipment
Awareness raising
Convention article 8 states that parties will
adopt immediate, effective and appropriate measures:
- To raise awareness throughout society, including at the family level, regarding persons with disabilities, and to foster respect for the rights and dignity of persons with disabilities;
- To combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life;
- To promote awareness of the capabilities and contributions of persons with disabilities.
The Commission will
- Promote targeted information and awareness work by government in the context of the development of the NDS including information for employers, education providers and people in the building and development industries
- Include public awareness and information as a component of all disability rights projects as far as possible including through regular issues based media releases on current issues
- Continue publicising complaint outcomes under the DDA
- Monitor ongoing discussions at State / Territory level regarding legislative measures against vilification of persons with disability
Accessibility
Convention Article 9 states that parties will
take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public.
The Commission will
- Promote completion development of a Disability Standard on access to premises
- Promote consultation on needs and options for further standards development and/or other regulatory and policy measures on issues of access to premises and facilities not covered by the Building Code of Australia and thus the current draft Standard
- Promote inclusion of accessibility requirements in curriculum and professional development programs for professionals involved in the design, construction and certification of the built environment
- Promote measures to ensure accessibility of play and recreation equipment
- Promote consideration by the Australian Communications and Media Authority in consultation with industry and consumer representatives of regulatory and quasi regulatory mechanisms available for promoting improved telecommunications access including in relation to emerging service models
- Assist in the national review of possibilities for increased captioning of television services, cinema, DVD and other media access and promote industry based work towards increased captioning
- Contribute to the 5 year review of the Disability Standards for Accessible Public Transport
- Promote review of the role of Commonwealth and other governments in funding and planning improvements in public transport accessibility – including possible roles in co-operation with industry in researching key issues
- Promote leadership on web accessibility by Commonwealth and other governments in the context of the development of NDS
- Continue to promote conclusion of a Disability Standard on access to premises
- Promote consideration of further standards development and/or other regulatory and policy measures on issues of access to premises and facilities not covered by the Building Code of Australia and thus the current draft Standard
- In particular promote consideration of measures on accessibility of play and recreation equipment
- Promote more extensive use by the Australian Communications and Media Authority of the regulatory and quasi regulatory mechanisms available for promoting telecommunications access including in relation to emerging service models
- Continue to provide information on achieving accessibility for buildings and services
- Deal with exemption applications including in relation to public transport and building access issues in a manner which promotes improved access over time
Convention Article 10 – right to life:
No projects currently identified
Situations of risk and emergencies
Convention article 11 states that parties will take
all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters
The Commission will promote review by governments of effective inclusion of people with disability in emergency and disaster planning in the context of the development of the NDS.
Equal recognition before the law
Convention Article 12 states:
1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person's circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person's rights and interests.
5. States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.
The Commission will
- Promote review in the context of the NDS of the adequacy of measures to provide support to people with disability, particularly for people with intellectual disability, acquired brain injury and people with impaired decision-making capacity, to enable effective exercise of legal capacity.
- Promote consideration of the Convention in continuing development of national mental health strategies
- Promote continuing review by banks and financial institutions of any barriers to independent use of banking and financial facilities on the basis of disability
Access to justice
• Convention article 13 states that parties will
1. ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.
2. In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff.
The Commission will
(1) Contribute to consideration of possibilities for access to justice issues to be addressed through law reform inquiry processes
(2) Promote development of disability action plans by all law and justice agencies including
- access to appropriate court support services for people with disability, and in particular to people with intellectual disability, acquired brain injury, people with impaired decision-making capacity and people with psychiatric disability, to fully participate in legal proceedings
- appropriate supports for provided to people with disability to fully participate as jurors.
Liberty and security of the person
Convention Article 14 states that p arties shall
1. ensure that persons with disabilities, on an equal basis with others:
- Enjoy the right to liberty and security of person;
- Are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a disability shall in no case justify a deprivation of liberty.
• … shall ensure that if persons with disabilities are deprived of their liberty through any process, they are, on an equal basis with others, entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of this Convention, including by provision of reasonable accommodation.
The Commission will p romote consideration in the context of the development of the NDS of
- disproportionately high imprisonment rates among people with psychiatric or intellectual disability, and measures to address this including access for people with disability to diversionary programs and, for people with psychiatric disability, access also to programs that provide treatment and support
- adequacy of supports for prisoners and juvenile detainees with disability during detention and on release.
Freedom from degrading treatment, exploitation, violence and abuse
Convention articles 15 and 16 state that parties
- shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment
- shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects.
The Commission will
- Promote review by all governments of measures to prevent and respond to violence, abuse and neglect
- In particular promote review accessibility of emergency measures such a temporary accommodation for women with disability seeking to leave abusive situations
• In the context of the development of the NDS promote attention to empowerment of people of disability through education and training programs to recognise abuse and raise concerns.
Integrity of the person
Convention article 17 states that
Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others
The Commission will
- Continue to promote improved protection against inappropriate use of sterilising surgery
Freedom of movement and nationality
Convention article 18 1. states that parties
shall recognize the rights of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities:
- Have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability;
- Are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement;
- Are free to leave any country, including their own;
- Are not deprived, arbitrarily or on the basis of disability, of the right to enter their own country.
The Commission will continue to promote review of the accessibility and transparency of processes for determining access to visas to enter and remain in Australia (including decisions on relative costs and benefits to the community when a person with disability seeks entry).
Living independently
Convention article 19 states that parties
recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that :
- Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;
- Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;
- Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.
HREOC including in the development of the NDS will promote
- review of current funding levels and models for supporting people with disability to live independently in the community
- consideration of concerns identified by disability representative organisations regarding limited access to options for independent living
- the Commonwealth taking a leadership role in the coordination of a plan of action to address the need for life-time housing in order to ensure a sustainable housing market
Personal mobility
Convention article 20 states that p arties shall
take effective measures to ensure personal mobility with the greatest possible independence for persons with disabilities, including by :
• Facilitating the personal mobility of persons with disabilities in the manner and at the time of their choice, and at affordable cost;
• Facilitating access by persons with disabilities to quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries, including by making them available at affordable cost;
• Providing training in mobility skills to persons with disabilities and to specialist staff working with persons with disabilities;
• Encouraging entities that produce mobility aids, devices and assistive technologies to take into account all aspects of mobility for persons with disabilities
The Commission will
• Encourage review of adequacy of PADP and similar programs (both in level of funding available and breadth and flexibility of eligibility criteria and items available for funding) in the context of pre-ratification processes
• Promote discussion between State transport authorities and consumer affairs authorities on provision of information to consumers of fitness of mobility aids for travel on public transport
Freedom of expression and opinion and access to information
Convention article 21 states that parties will
take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice, as defined in article 2 of the present Convention, including by:
- Providing information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost;
- Accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions;
- Urging private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities;
- Encouraging the mass media, including providers of information through the Internet, to make their services accessible to persons with disabilities;
- Recognizing and promoting the use of sign languages.
The Commission will
- Promote renewed commitments in the context of the NDS by governments to provision of information in accessible form through the World Wide Web
- Monitor revision of the W3C Web Content Accessibility Guidelines
- Promote consideration by government agencies of expanded availability of sign language interpreting through remote interpreting via internet links.
- Contribute to review of possibilities for increased captioning of television services, cinema, DVD and other media access as noted under article 9
- Promote recognition and promotion of Auslan as a community language.
Freedom from interference with privacy, family, home
Convention article 22 states
No person with disabilities, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation.
The Commission will
- Promote review of the effectiveness of protection of privacy and family /intimate relationships in institutional and supported accommodation living arrangements
- Monitor of ongoing discussions at State / Territory level regarding legislative measures against vilification and harassment of persons with disability
Family life
Convention article 23 states that parties shall
- take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships, on an equal basis with others
- render appropriate assistance to persons with disabilities in the performance of their child-rearing responsibilities
and that (subject to the best interests of the child)
- In no case shall a child be separated from parents on the basis of a disability of either the child or one or both of the parents.
In the context of development of the NDS the Commission will promote by the Commonwealth and relevant State agencies of appropriate supports for parents with disability (including in relation to parents with an intellectual disability) to promote the best interests of children and avoid separation of families wherever possible.
Education
Convention article 24 recognises the right to education and requires measures to ensure equal access to education
As noted under articles 5 and 7 The Commission will promote
- Further development of mechanisms for sharing and dissemination of information on making reasonable adjustments in education
- Consideration of adequacy of funding arrangements for reasonable adjustments in education, and issues of co-ordination between Federal and State/Territory funding programs
- Means for improving access to pre-school and after school care for children with disabilities in practice including appropriateness and adequacy of funding mechanisms.
Health
Convention article 25 states that parties will take all appropriate measures to ensure equally effective access to health services for people with disabilities.
The Commission will
- In the context of development of the NDS, promote development by governments, in co-operation with health professionals and people with disability, of a “closing the gap” strategy analogous to that now being pursued in relation to indigenous health issues.
Rehabilitation
Convention article 26 states that parties will take effective and appropriate measures to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life; including through comprehensive habilitation and rehabilitation services and programmes and promotion of availability of assistive technologies.
As noted under Article 20, HREOC in the context of development of the NDS will promote r eview of the adequacy of PADP and similar programs (both in level of funding available and breadth and flexibility of eligibility criteria and items available for funding).
Work and employment
Convention article 27 states that parties shall safeguard and promote the realization of the right to work by taking appropriate steps, including through legislation, to, inter alia:
- Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe and healthy working conditions;
- Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;
- Ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others;
- Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training;
- Promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment;
- Promote opportunities for self-employment, entrepreneurship, the development of cooperatives and starting one's own business;
- Employ persons with disabilities in the public sector;
- Promote the employment of persons with disabilities in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures;
- Ensure that reasonable accommodation is provided to persons with disabilities in the workplace;
- Promote the acquisition by persons with disabilities of work experience in the open labour market;
- Promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.
The Commission will
(1) contribute to the development of the National Mental Health and Disability Employment Strategy
(2) promote coordination including through the development of the NDS between initiatives on employment and disability and other related issues, including
- transition from education to employment
- pathways from supported to open employment
- relationships between income security and employment participation and opportunity, including need for review of measures to address costs of participation for people with disability
- particular needs in employment and related areas for strategies to be co-ordinated across areas and levels of government
- needs for leadership by governments, in particular the Commonwealth, on issues including flexible working arrangements and representation of people with disability among the workforce.
Adequate standard of living
Convention article 28 states that parties
recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
The Commission will
(1) in the context of development of the NDS
- Promote review of measures to address costs of disability including additional costs of participation in education and employment
- Promote consideration of a national universal disability insurance scheme as a potential means for addressing costs of disability and gaps and limitations in supports and services
- Promote development of national strategies for universal housing design
(2) promote effective inclusion of people with disability in initiatives to address homelessness, noting particular issues for people with mental illnesses in this area
Participation in political and public life
Convention article 29 states that parties will guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake to:
- Ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by:
- Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
- Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;
- Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;
- Promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
- Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;
- Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.
In the context of the development of the NDS the Commission will seek clearer commitments by all governments to achieve access to independent and secret voting for people with disability, including expanding the availability of electronically assisted voting
Participation in cultural life, leisure and sport
Convention article 30 requires measures to ensure equal opportunities to participate in cultural life, recreational and sporting activities.
The Commission will
(1) Assist in the completion and implementation of the government's review of media access as noted under article 9
(2) In the context of the development of the NDS
- Promote Government tourism related bodies taking a leadership role on accessible tourism issues including research and provision of information
- Promote the Commonwealth entering into negotiations with copyright holders to secure access on equitable terms to accessible electronic versions of books and copyright materials for people with print disabilities
- Promote review of levels and methods of support for participation in sport and recreation for people with disability (particularly non-elite sport) including at local government level
- Seek review of policy and regulatory options for promoting accessibility of play and recreation facilities
Statistics and data collection
Under Convention article 31 parties
undertake to collect appropriate information, including statistical and research data, to enable them to formulate and implement policies to give effect to the present Convention
In the context of development of the NDS the Commission will promote improved data collection on disability in Australia including benchmarking studies on current levels of accessibility in key areas
International co-operation
Convention article 32 states that parties recognise the importance of international co-operation and will take effective measures including
- Ensuring that international cooperation, including international development programmes, is inclusive of and accessible to persons with disabilities;
- Facilitating and supporting capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices;
- Facilitating cooperation in research and access to scientific and technical knowledge;
- Providing, as appropriate, technical and economic assistance, including by facilitating access to and sharing of accessible and assistive technologies, and through the transfer of technologies.
The Commission will
- continue work with the Asia Pacific Forum on development of tools for sharing experience in implementing disability rights
- continue to make our own experience as extensively available as possible through use of the internet
- In the context of development of the NDS promote review by all relevant Commonwealth agencies of possibilities for international co-operation on disability rights issues, including for example review by DFAT and other relevant Departments of possibilities for prioritising accessible and assistive technologies in trade liberalisation efforts – e.g. tariff and tax treatment of accessible vehicles imported to Australia
- Work with AusAID to promote Australia 's policies and programs recognise and address disability issues in design, implementation and evaluation.
National implementation and monitoring
Convention article 33 states that parties will
designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.
In the context of development of the NDS the Commission will assist in discussion with government of appropriate coordination mechanisms and focal points for implementation including
• Identification of lead agencies within government for implementation of responsibilities against each obligation in the Convention
• Consideration of requirements for public authorities to identify and report against relevant obligations and measures for their implementation including, in turn, measures for promoting implementation by private sector and civil society organisations
• Consideration of the relationship between the monitoring framework and arrangements for data collection (article 31) and reporting obligations (article 35).
Accessible formats of Convention
Convention article 49 states that
The text of the present Convention shall be made available in accessible formats
The Commission will
- Provide links to the Convention in accessible formats where available from UN site
- Pursue making available within Australia of the Convention in Braille and audio formats