When will the NSW Government commit to protecting people with disability in incarceration from human rights violations?

Today in Parliament, Abigail gave notice of a motion condemning the mistreatment of people with disability being held in detention and urging the NSW Government to take urgent action to protect their human rights in line with international standards.

Abigail said:

I give notice that on the next sitting day I will move: 

(1) That this House notes that according to a report entitled “National Forum on Cruel, Inhuman and Degrading Treatment of People with Disability in Detention” led by researchers from UNSW Sydney and published in May 2024: 

  • people with disability in Australia are being subjected to cruel, inhuman and degrading treatment in incarceration, 
  • vulnerable people are being held in solitary confinement, are detained indefinitely, have their medications withheld, suffer physical and sexual assault, and are regularly humiliated, 
  • people with disability are also experiencing demeaning and dehumanising practices in places of detention, including being strip searched and having to beg for sanitary products, 
  • people with disability in incarceration are also being subject to extreme restrictive practices, which goes against their human rights, 
  • it is vital for Australia to take urgent action to build a pathway toward a national action plan to address these human rights violations, including to implement recommendations from the the Royal Commission into Aboriginal Deaths in Custody and the Disability Royal Commission, and 
  • it is vital for all levels of government to commit to a comprehensive, coordinated and formalised approach to reporting on Australia’s progress, or lack of progress, towards the reduction and elimination of cruel, degrading and inhuman treatment of people with disability in Australia’s places of detention.

(2) That this House affirms that people with disability have a universal and immutable right to agency, safety, bodily autonomy, privacy, education, employment, housing, social support, and healthcare, as described under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). All disabled people deserve to have these rights upheld, and all levels of society including government must promote and recognise these rights across interpersonal, community, and all other settings.

(3) That this House calls on the NSW Government to commit to taking urgent and direct action guided by the disability community and their representatives to protect the human rights of people with disability to live free from violence, abuse, neglect and exploitation.

 

20 June 2024

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