Submissions
February 2023
Disability Services Act Review - Joint Submission
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Discrimination for the community
Overview
People with disability can experience discrimination when they are treated less favourably than people without disability in similar circumstances. It is against the law to discriminate against someone because of their disability. The Disability Discrimination Act 1992 prohibits discrimination against people with disability in employment, education, publicly available premises, in the provision of goods and services, accommodation, clubs and associations, and other contexts.
The social model of disability says ‘disability’ is the result of the interaction between people living with impairments and an environment filled with physical, attitudinal, communication and social barriers. It therefore carries the implication that the environment must change to enable people living with impairments to participate in society on an equal basis with others.
Discrimination against children and young people with disability
Children and young people with disability often face discrimination. In the social model of disability, barriers and discrimination occur because of systems, attitudes, structures and institutions that are not inclusive or either directly or indirectly discriminate against people with disability. Children and young people with disability are often denied the right to inclusive education and to participate equally in mainstream settings as their peers without disability.
The post-school transition to further education and employment for young people with disability is often poor and they receive little tailored information or support. This discrimination and inequality can continue throughout people’s lives, with significantly poorer outcomes for people with disability in areas including higher education, employment, health and social participation.
Young people with disability experience significantly higher rates of unemployment than those without disability, due to a lack of reasonable adjustments and lower expectations by employers and, therefore, the need to rely on income support. Accessing and obtaining employment is typically characterised by disadvantage and exclusion.
CYDA’s work is to advocate systemically for the human rights of children and young people with disability and the promotion of equality and non-discrimination.
Relevant legislation
There is international and federal legislation to protect people with disability against discrimination, including:
- the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The full text of the CRPD is available in a variety of accessible formats, including Easy Read.
- the Disability Discrimination Act 1992 (DDA) and Easy Read version.
- the Disability Standards for Education 2005.
More information
For more information about discrimination and your rights, visit the Australian Human Rights Commission website.
Visit our Get help page to find out more information about the anti-discrimination authority in your state or territory and where you can make a complaint. There are also disability legal services where you can get free legal advice about disability discrimination.
Resources
Submissions
February 2023
CYDA's submission to the Senate Inquiry into the Extent and Nature of Poverty
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Submissions
February 2023
CYDA's submission to the consultation Draft National Stigma and Discrimination Reduction Strategy
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Submissions
December 2022
Submission to the Senate Inquiry into on the national trend of school refusal
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Submissions
December 2022
CYDA's response to the consultation papers for Australia's Disability Strategy: A Guide to the Guiding Principles and A Guide to involving people with disability in evaluation
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Media Releases
October 2022
Media release: The needs of young people with disability must be addressed in upcoming NDIS review
Article
News
October 2022
The impact of ending mandatory self-isolation periods for people with COVID-19 on children and young people with disability.
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News
September 2022
Being realistic about inclusion: What’s realistic for young people with disability?
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Submissions
July 2022
National Disability Advocacy Framework 2022-2025 consultation
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Fact sheets
June 2022
Tips for early intervention from CYDA Webinar on Early Childhood
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Submissions
July 2021
Endorsement of ARACY Covid Report to DRC
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Research & reports
November 2020
National Youth Disability Summit Outcomes Report Card - Awareness, Access and Inclusion (Plain english PDF)
Article
News & media
October 2020
A horrific playground incident: how one school failed its students
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Media Releases
May 2020
More than isolated’: COVID-19 compounds inequities for children and young people with disability
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Submissions
November 2018
Queensland Human Rights Bill 2018
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Legislation & acts
April 2018
Disability Discrimination Act 1992
External Website
Submissions
November 2017
Australia's draft report to the UN committee on the rights of the child
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Submissions
March 2015
CRPD general discussion on the right to education for persons with disabilities
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Submissions
January 2015
Equality capacity and disability in commonwealth laws
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Research & reports
October 2014
Strengthening participation of children and young people with disability in advocacy
Download
Legislation & acts
December 2006
United Nations Convention on the Rights of Persons with Disability 2006
External Website
Legislation & acts
September 1990
United Nations Convention on the Rights of the Child 1989
External Website