Multicultural Youth Advocacy Network Australia (MYAN)

Submission in response to the Discrimination Act Review – Issues Paper

Introduction

The Multicultural Youth Advocacy Network Australia (MYAN) is pleased to submit this response to the Australian Government regarding the proposed reforms to the Disability Discrimination Act, following the recommendations from the Disability Royal Commission. We believe these reforms are crucial for reducing discrimination and creating a more inclusive society for people with disabilities. Our submission focuses on alignment with international standards, the definitions of disability and discrimination, and encouraging inclusion in employment, education, and public life.

About Multicultural Youth Advocacy Network Australia (MYAN)

MYAN is Australia’s national peak body representing young people aged 12-25 from refugee and migrant backgrounds and those who support them. We advocate for policies that promote equity, inclusion, and empowerment of multicultural youth across Australia.

Since our formal inception in 2007, we have been working in partnership with young people, government, and civil society to promote the rights and interests of young people from refugee and migrant backgrounds and ensure these are recognised in policy and practice. We facilitate national connections between young people, academics, policy makers and practitioners, provide policy expertise, youth leadership opportunities, and develop capacity building resources.

Response to the Issues Paper

Alignment with International Standards

The Act should closely align with the Convention on the Rights of Persons with Disabilities to ensure comprehensive protection. This alignment will help secure the rights of multicultural youth with disabilities, ensuring their full participation in society.

Updating Understandings of Disability and Discrimination

Definitions of Disability and Discrimination

The current definitions within the Act should be revised to reflect modern, respectful, and inclusive language. For multicultural youth, it is vital that the definitions encapsulate the intersectionality of discrimination based on race, ethnicity, and disability. This acknowledgement ensures the Act is applicable to the varied experiences faced by multicultural youth.

Inclusion of Intersectionality

It is imperative that the definition of disability within the Act reflects a comprehensive understanding of intersectionality. This includes considering the environment, both cultural and individual, which significantly influences the experience and presentation of disability. The definition should also account for factors such as age and their impact on discrimination, as well as the compound effect of multicultural identities.

Culturally Affirming Terminology

Different cultures perceive and interpret disability in varied ways. Therefore, we recommend adopting a mutual definition that is culturally affirming. Current terminology such as “disorder” or “malfunction” could be replaced with terms that better respect cultural nuances and affirm the dignity of individuals.

Inclusion of Invisible Disabilities

We commend the current definition for its recognition of invisible disabilities, which is crucial for individuals who may not outwardly present their disabilities. It is important to acknowledge that disabilities can increase, decrease, or fluctuate over an individual’s life, and the definition should reflect this dynamic nature.

Deficit Language and Community Perspectives

The use of deficit language in the definition is a nuanced issue, dependent on community perspectives. While some case workers and individuals may need to demonstrate the severity of a situation, it is essential that the language used in the Act does not inadvertently perpetuate negative stereotypes or disempower individuals with disabilities.

Understanding Cultural Nuances

Understanding the nuances that come with different cultural views on disability is vital. It involves acknowledging that cultural contexts can shape perceptions of disability and influence how individuals with disabilities are treated and understood. Engaging with communities to understand these perspectives can lead to more sensitive and effective policies and practices.

Encouraging Inclusion in Employment, Education, and Public Life

Employment

To foster workplace inclusivity, the Act should mandate that employers engage with disabled individuals to understand their needs and make necessary adjustments. This includes recognising and addressing cultural and linguistic barriers that multicultural youth may face.

Preventing Workplace Discrimination

Workplace discrimination can be both systemic and interpersonal. To address this, organisations should implement compulsory comprehensive training programmes that foster an understanding of diversity and inclusion across all levels to better understand and address the needs of multicultural youth with disabilities.

Disability Action Plans

Organisations should be encouraged to develop comprehensive disability action plans that include strategies for cultural inclusivity and accessibility.

Harassment and Offensive Behaviour

Stronger protection against harassment and vilification, including in online spaces, is vital. Multicultural youth often face compounded discrimination, and the Act should explicitly prohibit hate speech and harassment based on disability, race, or ethnicity.

Education

Educational institutions should be required to provide clear guidelines on supporting students with disabilities. This includes understanding cultural differences and providing language support where necessary to prevent exclusion or suspension based on disability.

Modernising the Act

Assistance Animals

Clear guidelines on the use and certification of assistance animals, considering cultural sensitivities, will benefit multicultural youth who rely on them for independence.

Conclusion

MYAN strongly supports the reform of the Disability Discrimination Act 1992 to better reflect the diverse experiences of individuals with disabilities. The reform of the Act presents an opportunity to address the multifaceted discrimination faced by multicultural youth with disabilities. By updating definitions, encouraging inclusivity, and strengthening protections, the Act can become a powerful tool for promoting equity and justice in Australia.

MYAN

multicultural youth advocacy network (australia)

MYAN advocates for reforms that are inclusive, culturally sensitive, and aligned with international standards to ensure all young people with disabilities can participate fully and equally in society. We appreciate the opportunity to contribute to this important conversation and look forward to seeing positive changes implemented.

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Ms. Shannon White, MYAN National Policy and Advocacy Lead