CRPD Archives - Queensland Advocacy Incorporated

National Disability Strategy – QAI Submission to DSS

Last month, the Department of Social Services commenced the second phase of consultations seeking feedback on a Position Paper to develop a new National Disability Strategy.

QAI made several recommendations:
QAI recommends: 1. The addition of the word ‘all’ before ‘people with disability’ in the proposed vision for the Strategy, so that it aims to achieve ‘An inclusive Australian society that enables all people with disability to fulfil their potential as equal members of the community’.

2. The inclusion of a person-centred approach to the ‘Involve and engage’ guiding principle, where policy processes engage with and listen to people with disability at all stages, people with disability are provided accessible information and opportunities for feedback and where implementation is person-centred and takes into account the needs and wishes of individuals.

3. The removal of ‘where possible’ in relation to the ‘Design universally’ guiding principle, removing any ambiguity and ensuring it is a minimum standard of practice.

4. The return to the previous Strategy’s order of outcome areas, with ‘economic security’ listed as the third not first policy domain.

5. Accept and adopt proposals for a federal Human Rights Act to extend the human rights protections now afforded to all Queenslanders to every single Australian, removing disparities in access to justice between state and territory jurisdictions and ensuring a coherent approach to implementation of the Strategy and Australia’s obligations under the CRPD.

6. Adoption of the Senate Committee’s recommendation that the government develop best practice guidelines for consultation with people with disability.

7. The development of a multi-layered plan to address community attitudes at the personal, organisation and government levels.

8. The development of mandatory disability action plans in all jurisdictions.
9. The creation of an Office of Disability Strategy to act as a coordinating agency for the Strategy under the auspice of the Disability Reform Council. Ensure the Office of Disability Strategy can integrate the key findings from the Disability Royal Commission into the Strategy over the coming years.

10. Further clarification regarding the interface between the NDIS and mainstream services. Update the current publicly available information to ensure the content is easy to understand, including the development of Easy Read versions.

11. Widening the scope of the Strategy to encompass non-government entities. For example, place greater emphasis on addressing media bias toward people with disability, seek to remove barriers to employment created by employers, continued and increased funding for individual disability advocacy services and community legal services, and working to ensure the dominance of the social model of disability and the supported decision-making model in the health setting. 12. Biannual, mandatory reporting by all levels of governments regarding progress against an outcomes framework to be developed in consultation with people with disability. QAI considers the International Day of People with Disability a suitable milestone on which to report progress. QAI further recommends that governments be required to issue ‘statements of compatibility’ when creating new policies, to signify compliance with the Strategy’s vision and guidance principles.

13. Consultation of people with disability on the development of all Targeted Action Plans, with clarification as to whether state and territory jurisdictions will have tailored targets under the outcomes framework to reflect varying levels of progress under the six domains. Regular program evaluations to become mandatory for states and territories. Collaboration with non-government entities to develop industry specific Targeted Action Plans is also recommended.

14. The employment of people with disability at all levels of government decision-making to ensure people with disability are actively involved in the delivery of the Strategy. A well-funded and

image of Senator Ann Ruston on tv screen — The current National Disability Strategy was the first ever commitment by all Australian governments

well-resourced disability advocacy sector is integral to this.

Read all the submission here

QAI speaks at the 12th Session of the Conference of State Parties to the UN CRPD (updated)

See Emma Phillips, QAI senior lawyer and systems advocate, speak at the 12th Session of the Conference of State Parties to the UN Convention on the Rights of People with Disability.

First presentation – at the Civil Society Forum about the rights of children with disability

UN Web TV

@26.00min (3 min)

Second presentation – at the 6th meeting about the importance of independent advocacy to foster social inclusion and implement the CRPD.

UN Web TV

@45.15 (3 min)

Easy English guide to the Conference of State Parties to the Convention on the Rights of People with Disabilities (CRPD)

This is a wonderful resource produced by the NSW Council for Intellectual Disability. It is an Easy English guide to the Conference of States Parties to the Convention on the Rights of People with Disability. We thank CID for developing this invaluable resource on the eve of the 12th UN CoSP, which will be held from 11-13 June at the UN headquarters in New York.

http://www.nswcid.org.au/images/UN_COSP_2019_Easy_Read_Guide.pdf

Review of Queensland’s laws relating to Civil Surveillance and the Protection of Privacy in the context of Current and Emerging Technologies Submission by QAI

Foreword

As signatories to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), Queensland must align all laws, policies and practices to accord with the Convention. In relation to this inquiry, Article 22 is the indicator which must be upheld in the reforms to such law reform, which provides as follows:

Article 22 – Respect for privacy

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. Persons with disabilities have the right to the protection of the law against such interference or attacks.
States Parties shall protect the privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others.

Introduction

The question of civil surveillance when applied to vulnerable and often devalued people is multi-faceted as the complexities and dilemmas regarding the subject of scrutiny, the motive and/or purpose of surveillance and the responses that usually follow such observations are often incongruent, misplaced and misunderstood.

First one must examine whether it is the person with disability who is subject to the surveillance or the support staff.

Often the life of the person with disability is subject to observation, discussion, reporting, recording, and shared between many other entities including across several government departments, multiple service providers, statutory bodies and community organisations. Privacy is frequently breached and confidentiality rarely maintained, and it is inevitable that the reputation and dignity of the person is subsequently fractured.

While some electronic monitoring is considered commonplace (such as phone calls for quality and training) most people in the community can opt out of this option. Most people in the community are not observed through cameras in their own homes, in their workplaces, or as they engage in everyday activities in the community yet this can be a daily experience for some people with disability.

We will attempt to convey both the benefits and disadvantages of electronic monitoring of people with disability across some of the review questions. It is the view of QAI that the use of such monitoring mechanisms be used with the understanding and consent of the person with disability and in accordance with their wishes. Where the person has impaired capacity, considerable and concerted effort must be made to assist and scaffold the person’s capacity to understand the reasons for their use.

Click here to read the full submission

Trains Exemption

QAI submission to the Australian Human Rights Commission opposing the Queensland Government’s application for temporary exemptions from the Disability Standards for Accessible Public Transport.

QAI submission to the UN Committee on the Rights of Persons with Disabilities on the General Comment on Equality and Non-discrimination (Article 5)

QAI submission Equality and Non- discrimination (Article 5)171114 FINAL

QAI Commends NDS’ Zero Tolerance – But services can do more

QAI media release commending the National Disability Service on the announcement of its Zero Tolerance Initiative, as a first step approach to a national approach to promoting human rights and preventing and responding to abuse, neglect and violence experienced by people with disability

NDS zero tolerance to abuse