DISABILITY DISCRIMINATION

what is it?

in society -

• Discrimination, Exploitation, Abuse, Inequality
• Stigmatisation = Disadvantages
• 5x more likely to experience unemployment
• Denied Freedoms of:
• Contract, Legal Action, Vote, Employment

in THE LEGAL SYSTEM -

• Lack of support, programs, assistance
• Not viewed as credible to provide evidence
• 2-3% of our society is disabled
• HOWEVER: 12-13% of prisoners are disabled
• Less likely to get bail. LACK OF EQUALITY!

responses

lEGAL MECHANISMS -

• Anti-Discrimination Act 1977 (NSW)
• Disability Discrimination Act 1992 (CTH)
• Human Rights Commission Act 1986 (CTH)
• Randall v Consolidated Bearing Co (2002)
• "The one thing you can't do is legislate attitude"

non-legal responses:

• National Council for Intellectually Disabled
• Physical Disability Council of Australia
• Senior Officer's Group
• Australian Human Rights Commission
• Disability Justice Strategy

EVALUATING EFFECTIVENESS

effectiveness of legal responses

• No equality or protection of rights: growing issue
• Lack of Accessibility, unaware or dependent
• "Many offenders had been victims- this had not been responded to"
• No enforceability: A societal view that police officer is a last resort. 
• Inadequate resource efficiency: $11.7 billion on Criminal Justice.

EFFECTIVENESS OF NON-LEGAL RESPONSES:

• Some aspects of equality, responsivenss and rights: 
• NCID Media Report and Community Awareness
• However, lack of accessibility and enforceability:
• Oblivious of rights and of advocacy services available 
• No Resource Efficiency: Lack of Funding

IN conclusion

In summary -

• The disabled suffer a wide range of disadvantages 
• This is because of prejudice and discrimination
• Legal and Non-legal responses have resulted
• These are evaluated in terms of achieving justice
• They are proved generally ineffective