A disability rights act (DRA), developed with the input of people with disability, would strengthen the protection of human rights of people with disability, experts told a recent forum on the Disability Royal Commission.
Senior Counsel Assisting the Disability Royal Commission, Kate Eastman AM SC told the December 7 forum hosted by the Commission, that a DRA would better implement the Convention on the Rights of Persons with Disabilities (CRPD) and would extend to protecting all economic, social and cultural rights.
“The proposed DRA model would be very similar to the way in which the ACT Human Rights Act operates – the dialogue model.
“It would require the Commonwealth Parliament to consider the impact of proposed new laws on people with disability, it would require Commonwealth public authorities to act in a manner that gives effect to the rights of people with disability and it would require Commonwealth courts and tribunals to interpret laws in a manner that will best give effect to the rights of people with disability and the CRPD,” Ms Eastman said.
Chair of the ACT Disability Reference group, Renée Heaton told the forum that while watching the Royal Commission unfold was traumatic for people with disability, the Royal Commission also presented Australia with an opportunity “to make real and important change across the whole life of people with disability.”
“It’s critically important that we explore and try to realise what exercise of human rights for people with a disability in this country actually looks like,” Ms Heaton said.
“If we can get that right through a DRA, through the substantial structures around that… [a DRA would] absolutely be the right place to start.”
Advocacy for Inclusion head of policy, Craig Wallace told the forum that a DRA “has the potential to change the way that organisations and authorities include people with disability, to mandate that, to monitor that and to enforce it, and that would be a game changer in Australia”.
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