Article 2(2) – The right not to be discriminated against

National Issues

Protection against discrimination for these groups is found in the Human Rights and Equal Opportunity Act 1986, the Racial Discrimination Act 1976 (RDA), the Sex Discrimination Act 1984 (SDA) and the Disability Discrimination Act 1992 (DDA) at Commonwealth level, and in similar State legislation. ²¹

The development of anti-discrimination legislation has been ad hoc as each of the Acts focus on individual instances of discrimination and include many exemptions from their coverage, such as the Migration Act exemption from the DDA,²² and the exclusion from entitlement to superannuation (upon death of a partner) in the case of same sex couples. In some cases the more insidious forms of discrimination, such as wage disparity between men and women, are left unaddressed.²³

All of the Federal anti-discrimination laws and most state anti-discrimination laws were enacted under previous governments. In Australia, discrimination laws rely on individuals or groups of individuals making complaints under those laws in order to enforce their human rights. However, laws which seriously seek to eliminate and prevent discrimination need enforcement provisions.

Discrimination against Indigenous people

A comparison of key indicators for the Australian Indigenous and non-Indigenous population clearly shows different outcomes. Almost all of these indicators show that Indigenous Australians are disproportionately represented among the most disadvantaged social groups and are consequently being deprived of their social, economic and cultural rights, as detailed in the Covenant.

According to the 1996 Census of Population and Housing: Aboriginal and Torres Strait Islander People, Indigenous people made up 2.1% of the Australian population totalling 386,049.²⁴

Indigenous Australians experience extreme disadvantage in employment, housing, health and education and continue to suffer from the impact of historically discriminatory practices and policies. The following sections illustrate this discrimination (see specifically articles 6, 7, 11, 12, and 13 of this submission).

People with Disabilities

In Australia, all immigrants without disability (except for those immigrating on humanitarian grounds) have to wait two years before they can access income support. However, immigrants with a disability have to wait ten years before being eligible for the Disability Support Pension (DSP) which is the usual entry criteria for services such as Post-School Options Program, Home and Community Care (HACC), Program of Appliances for Disabled People (PADP) etc.

Impact of Current Policies and Practices

This discriminatory policy creates financial and emotional strain for people with a disability and their families who are left to cope with financial or other assistance and by the time they are eligible for the DSP, their support needs are much higher. This results in additional costs for Governments by placing extra demands on already limited resources.

Human Rights Framework

The current Commonwealth policy, which restricts support to immigrants with disabilities, is a blatant act of discrimination and a total disregard of the human rights of people with a disability.

Under the Declaration on the Rights of Disabled Persons, people with disabilities are entitled to measures which will enable them to become as self-reliant and independent as possible. The Declaration also specifies that people with disabilities have a right to appropriate services so they can develop capabilities and skills needed to participate in the community.

In Australia, access to disability-specific services usually requires the receipt of the Disability Support Pension. However, restricting income-support and access to disability services for ten years while allowing further deterioration, leads to dependency, isolation and poverty.

Article 3 – Equal Rights of Women and Men

The report of the Women's Rights Action Network Australia: Retreating from the full realization of Economic, Social and Cultural Rights in Australia: A Gendered Analysis contains a comprehensive analysis of Australia's performance under Article 3 of the Covenant.

Article 6 – The Right to Work

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