United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
Australia ratified the UNCRPD in 2008. This international treaty affirms that people with disability have the same fundamental rights as everyone else, including:
- The right to equality and non-discrimination
- The right to accessibility
- The right to live independently and be included in the community
- The right to education
- The right to work and employment
- The right to health
- The right to participation in political and public life
- The right to freedom of expression and communication
Australian Law
Several pieces of Australian legislation protect the rights of people with disability:
- Disability Discrimination Act 1992 (Cth) — the primary federal anti-discrimination law. Makes it unlawful to discriminate against a person because of their disability in areas including employment, education, access to premises, goods and services, accommodation, and clubs/associations
- Disability Standards for Education 2005 — requires education providers to make reasonable adjustments so students with disability can participate on the same basis as others
- Disability (Access to Premises) Standards 2010 — sets accessibility requirements for new buildings and significant renovations
- National Disability Insurance Scheme Act 2013 — establishes the NDIS and the rights of participants
- State and territory anti-discrimination laws — each state and territory has its own anti-discrimination legislation that provides additional protections
Rights in Practice
Knowing the law is one thing — enforcing it is another. Common areas where rights may be relevant:
- Accessibility — buildings, public spaces, websites, and services must be accessible. If they're not, you have the right to complain
- Employment — employers must provide reasonable adjustments. They cannot refuse to hire someone because of disability if the person can perform the inherent requirements of the job with reasonable adjustments
- Education — schools and universities must make reasonable adjustments and cannot refuse enrolment based on disability
- NDIS decisions — you have the right to request a review of any NDIS decision you disagree with
- Healthcare — you have the right to be involved in decisions about your own care and to give informed consent
- Community participation — you have the right to access public transport, recreational facilities, and community services
Getting Help
If your rights are being infringed:
- Disability advocacy services — every state has funded advocacy organisations that can support you for free
- Australian Human Rights Commission — handles complaints of disability discrimination
- State anti-discrimination bodies — e.g., Anti-Discrimination NSW, Victorian Equal Opportunity and Human Rights Commission
- Legal Aid — provides free legal advice and representation
- Community legal centres — free legal advice on disability-related matters
- NDIS Quality and Safeguards Commission — for complaints about NDIS providers
You have rights. If something doesn't feel right — if you're being excluded, discriminated against, or denied support — there are people who can help you.