When we think about the violation of Human Rights, we rarely
stop to remember that these violations are occurring within our own
boarders. Our thoughts wander to those
countries who imprison people without charge. Yet there are several people
currently serving indefinite time in Australian Prisons, because our legal
system deems them unfit to stand trial.
This usually occurs when a person has a significant intellectual or
psychological disability.
Access to the justice system for people with intellectual
disability in Australia was just one issue the UN Commission for Human Rights
raised with a delegation from Australia last month. Others issues included, the percentage of
people with disabilities living in residential care and the lack of alternative
supported accommodations.
Within this population women with indigenous backgrounds are
more likely to experience rape and repeated sexual abuse. Often these women
have little concept of what life holds outside their ‘homes’ receiving no
support from sexual health services and certainly no access to justice system. I
know all too well from personal experience even when a victim of sexual assault
is able to make a complaint and provide evidence, the police strongly
discourage you from making formal charge especially when the accused in
intellectually demisted.
The current Australian Government’s plan to ensure the
rights of people living with disability and to move them and their families
towards full social inclusion is the National Disability Scheme. While this
scheme will go a long way towards, the improvement in access to medical
assistance, early intervention, daily living needs, more appropriate
accommodation for younger Australians, access to education and employment.
It does not to address the rights and living conditions of
long term residential program residents and increased the protection of women
in their care against assault. The government has failed in the recognition of
the lack of access to the justice system particularly among those currently
placed in residential care and diagnosed with mental illness, nor has it
produced and viable alternative for the imprisonment of offenders who are
unable to understand the judgital system.
Currently people with an intellectual disability or needing
assistance are ineligible to vote, unless they can prove the ability to do so.
In other Western countries it is on the government’s responsibility to prove
the person’s incapacity to vote.
The Commission for Human Rights also expressed concerns over
the non existence of planning to assist and care for in the event of a natural disaster.
My own experience having been to two floods in the last five years has lead to
very limited support during this period.
Most support services are suspended while staff, deal with their own
crisis. People with disability while to faces with the effects of disaster
still need assistance to get out of bed,
be feed and showed. No planning
has occurred to address their needs.
People with disability because of lack of community
understand and little social inclusion, have no natural support system. Finding
themselves further isolated and neglected during natural disasters. All levels
of government continually fail to ensure the Human Rights people living with
disability and mental health issues are provided.
It saddens me that I need to use my world blog
action day post to highlight the systemic violation of Human Rights that people
living with disability face in a prosperous nation such as Australia.
Put your hand up for ability!
"The ideal of equal opportunity holds no water unless it truly
includes all people, including people with disabilities."
K. Martinez
