PEOPLE with Disability Australia (PWDA) President Jeramy Hope has used an address to the National Press Club to repeat calls for a Human Rights Act.
He said that without enforceable rights, people with disabilities will continue to be exposed to harm with limited pathways to challenge their treatment.
“Australia’s human rights framework has gaps, and people with disabilities are living with the consequences,” he said.
“PWDA consistently hears from people who have experienced discrimination, exclusion or harm and are left without a clear, accessible way to have their rights upheld.”
Port Macquarie resident Sarah Eade is a full time wheelchair user who supports the introduction of an Act.
“Everyone deserves similar experiences, services and opportunities,” she said.
“It shouldn’t matter if you have a disability or not, everybody’s life matters and we should be able to make safe day to day life choices for ourselves, while protected by legislation.”
The 2019 Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability heard evidence of widespread abuse, harm and neglect experienced by people with disability.
PWDA Vice-President Jarrod Sandell-Hay said, “Enforceable rights and clear safeguards are essential, particularly in systems where government decisions have a direct impact on people’s daily lives.
“Our patchwork of legal protections is simply not effective at addressing or preventing harm to our community.”
Recent NDIS reform announcements including the potential introduction of AI into decision making, have raised concerns that reduced human involvement will result in future harm.
A Human Rights Act defines protected rights, allows courts to interpret laws consistently, and requires public authorities to centre people when crafting policy.
Australia operates under the British Westminster system of parliamentary sovereignty and common law, and well-known disability advocate Noel Hiffernan OAM feels this is sufficient.
“Our current system provides checks and balances, and operates in conjunction with the Magna Carta,” he said.
“As a person with a disability who has suffered from discrimination, I have found that our legal system has sufficient protections in place.”
By Rachael THORPE
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