Did you know that people with disabilities have specific rights protected under international law? 

One of the most significant advancements in promoting the rights of people with disabilities globally is the United Nations Convention on the Rights of Persons with Disabilities (CRPD) (AIHW, 2023). Australia, demonstrating its dedication to inclusivity, ratified the CRPD in 2008, signifying a commitment to upholding the inherent dignity and promoting the full and equal participation of all people with disabilities (McCallum, 2020).

What exactly is the CRPD, and how does it impact Australia? 

The CRPD is an international human rights treaty that establishes legal obligations for countries to promote and protect the rights of people with disabilities (AIHW, 2023; McCallum, 2020). It covers a broad range of civil, political, economic, social, and cultural rights, emphasizing principles like non-discrimination, accessibility, and inclusion (McCallum, 2020).

Australia's ratification of the CRPD isn't merely symbolic; it has tangible implications. 

The Australian government is obligated to review and reform laws, policies, and practices to align with the CRPD's principles(McCallum, 2020). This includes ensuring accessibility in various spheres of life, from education and employment to transportation and healthcare (McCallum, 2020).

In addition to its commitment to the CRPD, Australia has developed a national roadmap for improving the lives of people with disabilities.

Australia's Disability Strategy 2021–2031 envisions an inclusive Australia where people with disabilities can participate as equal members of society (AIHW, 2023). This strategy, developed with significant input from people with disabilities, their families, advocates, and service providers, focuses on several key areas:

• Safety and Protection: Recognizing the heightened vulnerability of people with disabilities to violence, abuse, neglect, and exploitation, the strategy prioritizes their safety and well-being.

• Rights Promotion and Protection: The strategy underscores the importance of promoting awareness and respect for the rights of people with disabilities, building upon Australia's legislative framework, including the Disability Discrimination Act 1992. The Australian Human Rights Commission and state and territory human rights bodies play a vital role in safeguarding these rights.

• Accountability and Evaluation: The strategy includes mechanisms for monitoring progress and evaluating its impact. Implementation reports are produced biennially, incorporating insights from people with disabilities and stakeholders. Independent evaluations are conducted in 2025 and 2029, providing in-depth analysis and recommendations for improvement.

Despite progress, there is still work to be done. 

Reports reveal concerning gaps in understanding and upholding disability rights in Australia. Notably, the Australian Human Rights Commission received a significant number of complaints under the Disability Discrimination Act in 2019–20, highlighting persistent discrimination. Research also indicates a lack of awareness about disability rights among the general public and even within service providers, leading to exclusion and marginalization. This underscores the need for continued education and advocacy efforts (AIHW, 2023).

One of the most critical aspects of promoting disability rights is ensuring that people with disabilities have a strong voice in shaping policies and programs that affect their lives. 

The Australian government has made commitments to involve people with disabilities and organizations in the design and delivery of public forums and consultations related to the Disability Strategy (AIHW, 2023).

The development of Good Practice Guidelines for the Engagement of People with Disability is a crucial step towards more inclusive policymaking. 

These guidelines aim to improve the engagement and inclusion of people with disabilities in community consultations, policy development, and government decision-making.

Access to accurate and comprehensive information is vital for empowering people with disabilities to understand and exercise their rights. 

Australia's Disability Strategy website and the Disability Gateway are valuable resources, providing information on disability rights, support services, and initiatives. These platforms, designed to be accessible and inclusive, offer essential information on the CRPD, the Disability Discrimination Act 1992, Disability Standards, and other relevant guidelines (AIHW, 2023).

The journey towards a truly inclusive Australia requires sustained effort, collaboration, and a commitment to upholding the rights and dignity of all people with disabilities. 

By ensuring access to information, promoting awareness, fostering meaningful participation, and advocating for systemic change, we can collectively create a society where everyone can thrive.

References

AIHW. (2023, August 11). About the Strategy. Australian Institute of Health and Welfare. Retrieved March 25, 2024, from https://www.aihw.gov.au/australias-disability-strategy/about/about-the-strategy

McCallum, R. (2020). The United Nations Convention on the Rights of Persons with Disabilities: An Assessment of Australia’s Level of Compliance. https://disability.royalcommission.gov.au/publications/united-nations-convention-rights-persons-disabilities-assessment-australias-level-compliance 

Understanding the Social Model of Disability

Disability is a complex issue that impacts millions of people worldwide. While many perceive disability solely through a medical lens, focusing on individual impairments, the social model of disability offers a powerful alternative perspective. This model shifts the focus from individual limitations to societal barriers, arguing that it's not the impairment itself but rather society's response to it that creates disability (AIHW, 2023; Green et al., 2020; McCallum, 2020).

The social model recognises that while people may have impairments, the barriers created by society can be disabling.  These barriers can manifest in various forms, including:

• Physical Barriers:  Lack of accessible infrastructure, such as stairs without ramps or inaccessible public transportation, are prime examples of physical barriers that limit the mobility and participation of people with disabilities (AIHW, 2023).

• Attitudinal Barriers: Negative attitudes, stereotypes, prejudice, and discrimination based on disability create significant barriers. People may experience being ignored, talked down to, or treated as incapable due to societal misconceptions about disability (AIHW, 2023). 

• Systemic Barriers: Policies, practices, and structures within institutions and systems can create or reinforce disability. This can range from inaccessible education systems to discriminatory employment practices that exclude qualified individuals with disabilities (AIHW, 2023). 

By recognising these barriers, the social model empowers us to advocate for change and create a more inclusive world. Instead of trying to "fix" individuals with impairments, the focus shifts to transforming society to become more accessible and accommodating (Bhandari et al., 2015; Wise, 2016). 

The UN Convention on the Rights of Persons with Disabilities (CRPD), a landmark international treaty, is firmly grounded in the social model of disability.  The CRPD acknowledges that disability results from the interplay between individuals with impairments and the attitudinal and environmental barriers they encounter (McCallum, 2020). 

Australia, as a signatory to the CRPD, has committed to upholding its principles and fostering a more inclusive society for people with disabilities (AIHW, 2023).  This commitment translates into practical actions, including:

• Promoting Accessibility: Ensuring infrastructure, transportation, information, and communication technologies are accessible to all, regardless of disability.

• Inclusive Education: Creating education systems that welcome and cater to the diverse needs of all students, including those with disabilities. 

• Employment Opportunities: Promoting equal opportunities for employment for people with disabilities and combating discriminatory hiring practices. 

• Access to Justice: Ensuring people with disabilities have equal access to the justice system and are protected from discrimination and abuse. 

The social model of disability and the CRPD work together to challenge discrimination and create a world where everyone can thrive, regardless of their impairments. By understanding the social model and supporting the implementation of the CRPD's principles, we can all contribute to building a more just and equitable society for all (AIHW, 2023; McCallum, 2020).

References

AIHW. (2023, August 11). About the Strategy. Australian Institute of Health and Welfare. Retrieved March 25, 2024, from https://www.aihw.gov.au/australias-disability-strategy/about/about-the-strategy

Bhandari, A., van Dooren, V., Eastgate, G., Lennox, N., & Kinner, S. A. (2015). Comparison of social circumstances, substance use and substance-related harm in soon-to-be-released prisoners with and without intellectual disability. Journal of Intellectual Disability Research, 59(6), 571-579.

Green, C., Dickinson, H., Carey, G., & Joyce, A. (2020). Barriers to policy action on social determinants of health for people with disability in Australia. Disability & Society, 37(2), 206-230.

McCallum, R. (2020). The United Nations Convention on the Rights of Persons with Disabilities: An Assessment of Australia’s Level of Compliance. https://disability.royalcommission.gov.au/publications/united-nations-convention-rights-persons-disabilities-assessment-australias-level-compliance 

Wise, J. B. (2016). A Fresh Perspective on the Experience of Disability. Therapeutic Recreation Journal, 3, 199-212.

Understanding Disability through Embodiment

The understanding of disability has undergone a significant shift in recent decades, moving from a medical model that focuses on individual deficits to a social model that recognizes the role of societal barriers in creating disability (Clifton, 2020; McCallum, 2020). Embodiment represents a further step in this evolution, inviting us to consider the complex interplay between our bodies, minds, and environments (Clifton, 2020).

What is Embodiment? Embodiment refers to the way individuals experience the world through their bodies (Clifton, 2020). It recognizes that our bodies are not detached from our minds or social experiences (Clifton, 2020). This concept acknowledges that our lived experiences, encompassing pain, limitations, and differences, contribute to our understanding of disability (Clifton, 2020).

Embodiment and the Interactional Model of Disability 

The social model, while groundbreaking, can sometimes overlook the impact of impairments on an individual’s lived experience (Clifton, 2020). Embodiment bridges this gap by aligning with the interactional model of disability (Flynn & Arstein-Kerslake, 2014). This model recognizes that disability arises not solely from societal barriers but also from the dynamic interplay between individual characteristics, including impairment, and the environment (Clifton, 2020; Flynn & Arstein-Kerslake, 2014).

A Nuanced Understanding: Embodiment and Disability

Embracing embodiment fosters a more nuanced understanding of disability. It challenges us to:

• Recognize the uniqueness of each individual's experience: Every person experiences their impairment in a way shaped by factors like the nature of the impairment, personal history, and social context (Clifton, 2020; DRC, 2022).

• Acknowledge the dynamic interplay between the individual and the environment: Disability is not solely an individual trait; it emerges from the interaction between individuals and their surroundings. Accessibility, attitudes, and social support all play a part in shaping the experience of disability (Clifton, 2020; DRC, 2022; McCallum, 2020).

• Value the diverse voices and experiences of disabled people: By prioritising the perspectives of disabled individuals, we gain a deeper understanding of the diverse ways in which disability is lived (DRC, 2022; McCallum, 2020).

Embodiment and Disability Rights

Recognizing the interactional nature of disability has significant implications for disability rights. It promotes a more inclusive and holistic approach that recognizes the individual's needs within their environment. This perspective can lead to the development of more effective policies and practices that facilitate the full participation and inclusion of disabled people in society. Notably, Australia's commitment to the Convention on the Rights of Persons with Disabilities (CRPD) emphasises the role of the social model in understanding disability (Clifton, 2020; DRC, 2022). This commitment underscores the recognition that societal structures and attitudes contribute to disability and the need to address these factors to ensure the human rights of people with disabilities are upheld (DRC, 2022; McCallum, 2020).

Towards a More Inclusive Future

Embracing embodiment in the context of disability necessitates moving beyond simplistic interpretations and acknowledging the multifaceted interplay of individual and environmental factors that contribute to the lived experiences of disabled individuals. Recognizing this diversity of bodies and experiences can lead to the creation of a more just and equitable society for all. The principles outlined in the CRPD, such as respect for inherent dignity, individual autonomy, non-discrimination, and full participation, further emphasise the need for an inclusive society that values the rights and contributions of people with disabilities (DRC, 2022)

References

Clifton, S. (2020). Hierarchies of power: Disability theories and models and their implications for violence against, and abuse, neglect, and exploitation of, people with disability. Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.

DRC. (2022). Final Report. https://disability.royalcommission.gov.au/publications/final-reporthttps://disability.royalcommission.gov.au/publications/final-report

Flynn, E., & Arstein-Kerslake, A. (2014). Legislating personhood: realising the right to support in exercising legal capacity. International Journal of Law in Context, 10(1), 81-104.

McCallum, R. (2020). The United Nations Convention on the Rights of Persons with Disabilities: An Assessment of Australia’s Level of Compliance.