The disability royal commission has called for a major legal overhaul to protect the rights of 4.4 million Australians with disabilities, including a new Australian Disability Rights Act and the prohibition of involuntary sterilisation and certain restrictive practices such as the seclusion of children in schools or youth prisons.
“This may seem to be a large number [of recommendations], but it reflects the very many settings and contexts in which violence against, and abuse, neglect and exploitation of, people with disability take place,” chair Ronald Sackville said in his foreword. But there was dissent over the philosophical question of segregation and whether specialised settings should be phased out over time.Commissioners Barbara Bennett, Dr Rhonda Galbally and Alastair McEwin said the deliberate and systemic separation of people based on disability constituted segregation and was incompatible with inclusion.
Sackville and commissioner John Ryan, however, said separation on the basis of disability for certain purposes did not need to involve people with a disability being isolated from their peers or the general community. The royal commission also focused on the criminal justice system, where it said people with a disability were significantly overrepresented, including in the youth justice system.
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