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PO Box 172, Clifton Hill VIC 3068
P: 03 9417 1025 P: 1800 222 660 (regional or interstate) E: info@cyda.org.au rcyda ABN: 42 140 529 273
Children and Young People
with Disability Australia
4 March 2021
The Hon Ronald Sackville AO QC
Chair of the Royal Commission
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
Dear Mr Sackville and fellow Commissioners,
RE: #EndSegregation Campaign and Position Paper on Segregation
We refer to our previous submission 14 September 2020 that included our Position Paper on the Segregation of People with Disability. In this previous correspondence, we collectively requested that the Position Paper be considered in the context of ALL Issues Papers, Hearings and other work being undertaken by the Royal Commission, including through the Research Framework.
We further requested that the Position Paper be uploaded to the Royal Commission’s website, as a Submission response for each of the Issues Papers, including those already published, and those that will be forthcoming from the Royal Commission. The Position Paper is relevant to all thematic areas of the Royal Commission, including all ‘life domains’.
In December 2020, we shared the Position Paper across a range of channels and sought endorsements and support from a wider audience via a campaign entitled #EndSegregation
Below we have included a brief report below on the response to the #EndSegregation campaign. We further request that this correspondence and report be uploaded to the Royal Commission’s website, as a Submission.
We look forward to your response and to discussing this request further. Please do not hesitate to contact me on the details below.
Yours sincerely,
Mary Sayers
Chief Executive Officer
Children and Young People with Disability Australia (CYDA)
E. marysayers@cyda.org.au T. 03 9417 1025
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For and on behalf of:
- People with Disability Australia (PWDA)
- Women with Disabilities Australia (WWDA)
- Children and Young People with Disability Australia (CYDA)
- Inclusion Australia
- Australian Federation of Disability Organisations (AFDO)
- Disability Advocacy Network Australia (DANA)
- First People’s Disability Network (FPDN)
- National Ethnic Disability Alliance (NEDA)
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- Support for the Position Paper on the Segregation of People with
Disability
Rights and advocacy organisations currently supporting the position paper:
As of 20 January 2021, our campaign had attracted 66 organisations and 299 individuals endorsing the position paper.
Organisations
ACT Council of Social Services
ADACAS Advocacy
Advocacy for Inclusion
Advocacy Law Alliance
Advocacy WA
AED Legal Centre
All Means All
AMIDA
Australian Centre for Disability Law
Australian Coalition for Inclusive Education
Australian Disability
Australian Federation of Disability Organisations
Australian Inclusion Group
Belonging Matters Inc.
Brighter Sun Disability Support
Children and Young People with Disability Australia
Community Resource Unit Ltd.
Developmental Disability WA
Disability Advocacy and Complaints Service of South Australia
Disability Advocacy Network Australia
Disability Advocacy Service Inc. Disability Advocacy Victoria Inc. Disability Discrimination Legal Service Inc.
Disability Justice Australia
Down Syndrome Australia
Down Syndrome Queensland
DRC Advocacy
Family Advocacy
First Peoples Disability Network Australia
Gippsland Disability Advocacy
Imagine More
Include
Inclusion Australia
Independent Advocacy South Australia
Ipswich Regional Advocacy Service
Leadership Plus
Mackay Advocacy Inc.
Melbourne East Disability Advocacy
Mornington Peninsula Human Rights Group and Community Resource Unit Ltd.
Multicultural Disability Advocacy Australia
National Ethnic Disability Alliance
People with Disabilities WA
People with Disability Australia
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Physical Disability Australia
Physical Disability Council of NSW
Queensland Advocacy Incorporated
Queensland Collective for Inclusive Education
Regional Disability Advocacy Service
Rights In Action
Rights Information and Advocacy Centre
Self Advocacy Resource Unit (SARU)
Self Advocacy Sydney Inc.
South Australian Council of Social Services
Speak Out Advocacy
Speaking Up For You
Spinal Cord Injuries Australia
Star Victoria
The Advocacy and Support Centre
The OLD Project
Valued Lives Foundation
Villamanta Disability Rights Legal Service Inc.
VMIAC
WA Council of Social Service
Women with Disabilities ACT
Women with Disabilities Australia
Youth Disability Advocacy Service
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- Comments submitted via the DPOA website form The DLD Project publicly endorses this paper and its recommended actions on behalf of the 1 in 14 Australians with Developmental Language Disorder, a hidden but common communication disability. Yes, I have witnessed human rights abuse in our community with ably challenged. The system itself becomes the enemy when it seeks to protect its continuity instead of protects those it was meant to serve. The system requires to have an external observer with independent power to be a check that it is accomplishing its purpose. I am appalled that in 2021 there is still segregation especially against someone with a disability and might not be able to advocate for themselves therefore I would like to support this cause that would assist with equality for all and stop the segregation. The more we include our people with a disability in our schools, workplaces and community the better it will be for future generations to come. I am also concerned about the abuse and misuse of substitute-decision-maker model used in Australia for people with decision-making disabilities. That it is in breach of Article 12 of the UN CRPD. People with disabilities are subjugated and at the mercy of their Guardians and in many instances deprived of their liberties. The abuse is rife. I have just completed research on this matter and I am more than willing to share my research. Listening to disability advocates from around the country, we hear that segregation is at the heart of why people with disability find themselves at risk of higher rates of violence, abuse, neglect and exploitation. The process of separating and grouping people together in the name of better supporting and protecting, is often making people with disability extremely vulnerable and isolated and less able to find advocacy support to defend their rights and wellbeing. JUST LEARNING fully endorsed the end of all segregation. It is absolute discrimination and illegal. JUST LEARNING is totally committed to ending segregation in education, housing, employment and community. JUST LEARNING supports the position paper and calls for an end to all forms of segregation. I support and believe in this campaign. As my daughter with Down syndrome (an intellectual disability) has been adversely impacted by particularly the article 12 interpretative declaration inserted in the CRPD by Australia, I urge the Royal Commission to declare that the Australian Government must recognise that the existing interpretative declarations are no longer valid for inclusion in the CRPD and withdraw them. #end segregation Same classroom, same opportunity, child’s rights first not the parents’. Everyone deserves to be treated fairly! It is easy to understand why this initiative is necessary even in 2020. The more one asks about something they don’t understand the more likely they are likely to help others to understand and continue to strive for more equity etc. The lack of social housing options is a huge issue. There could be a system for people with disabilities to purchase their own homes but not lose the accommodation assistance from Centrelink. Remove stamp duty for people with disabilities and add incentives to become a private owner. Every child has a right to an inclusive education, Australia has hidden itself behind outdated legislation, policies and procedures for too long. Politicians should hang their heads in shame as the treatment of people with disabilities. Ending the segregation of people with disability in Australia very much improves the opportunity of people with disability to have more fruitful and valued lives. It also enriches the lives of people without disabilities by widening their understanding and oooortunity for empathetic growth. It is about time that we look after these people, they have been neglected for so long, Governments are spending billions on other useless projects and themselves, money wasted everywhere, ministers travelling for private trips at taxpayers’ costs, as long as they are comfortable, stuff everybody else and when it comes to the needy, they ignore the issue. Shame on them. Please listen to our voices.
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Until you have lived with disability and the hidden discrimination you have no idea. It needs to change ….. now Kiama Community College Ltd strongly supports the rights of people with disability. I missed out on so much as a child. I lost out in education. I still managed to forge a career, but that came to an abrupt end when my disability became more severe. I don’t want younger people to endure anything like that. Life is challenging enough for anyone. Put a disability into the mix and add a bit of discrimination and segregation and that makes life really tough. People should be seen as people, not classified as a disability. Employers, and specifically including team leaders & supervisors need to be made aware or trained that a disabled person is not incapable just because they are disabled and should not be excluded, demeaned, or gaslighted just because they are disabled. Excluded from face to face public contact and demeaned in front of my team members by direct supervisor, 2IC, and overall supervisor (all male) in one job being denied promotion on the basis of a false detrimental report and the position given to a less qualified male and gaslight and demeaned by the female supervisor in next job. A very insecure person who knew I could do her job better than she could, not that I wanted the position because I was recovering from severe motor vehicle accident related injuries on top of my disability. Great campaign. In Australia, disability equals poverty. People with a disability have the same hopes and dreams as everyone else. The difference is we always have to settle for second best. My son & I whole heartedly agree with everything you have written & stand for. We are eternally grateful for all you guys do, so selflessly and carefully, for us all! We have experienced various educational environments, systems & cultures so we 100% agree with true inclusion and 100% disagree with segregation (to say the very least).
We want to support the rights of every individual, as effectively as possible, and help achieve true inclusion & equity throughout Australia and the world. Thank you again for everything you do and are about which is truly invaluable & deeplyappreciated!!! i:Cb••Q My son & I whole heartedly agree with everything you have written hear & stand for. We are eternally grateful for all you guys do, so selflessly and carefully, for us all!
We have various educational environments, systems & cultures so we 100% agree with true inclusion and 100% disagree with segregation due to our own personal experiences and others etc (to say the very least). People/providers/some schools receiving funding to provide services are minimal or below standard and are answerable to no one. The person with the disability is the one who suffers from not receiving the equivalent service that the rest of society gets. Everyone regardless of the type of disability or severity have the right to choose where and who they live with . I am a disabled person and I have been fighting ableism, segregation, oppression and disability discrimination for over 50 years. It is 28 years since Disability Discrimination was made unlawful. But it continues, endlessly. Get with the times Ask people of all abilities what they want? Representation for ALL - no matter who - ALL have a voice to be listened to and heard. We have been advocating for the end of segregation for decades, now is the time for this to injustice to be dismantled. Inclusive education is for everyone As someone who did go to public schools it showed there is a huge need for more disability education in public school. More training and understanding of needs of young people with disability. I really struggled in public school as there was little emotional and physical understanding for people with disability. I hope going forward schools can have the funding and level of resources for public school to access. As it mostly come to down to money and people who are committed to change to inclusion based education. ‘Special’ needs are human needs, end segregation now
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The gatekeeping to mainstream schools is easy to disguise as parent choice. I know no parent who would choose a segregated setting if they were truly welcomed and accommodated in their local school. We will not segregate our son. We will not give him the message he does not belong. He has done no wrong. Our son has benefited from growing up with his same age peers of all abilities and I believe his peers have benefited too. The children mentor him and look out for him and in return my son is a fun and loyal friend. The discrimination against children with disabilities must end. It is a deep shame on Australian society. Do it because it’s right! When you educate children with disability away from their community, you prevent them from making community connections and from participating in mainstream society. Their lives and their stories remain invisible and unheard. Children without disability don’t learn to care about or value them, or learn what people with disability need to have a fulfilling life, or how to include them, because they never see this modelled in their schools and classrooms. When children without disability grow up, they become adults for whom disability is an afterthought, because children with disability have been kept hidden from them. End segregation in education please. The term special Ed is degrading in my opinion. I wholly endorse this position for the future of my own children who are yet to enter the education system. Why is segregation by skin colour wrong but segregation by other physical difference such as disability ok? This is massive discrimination hidden in plain sight and must stop. I am a 7 year old boy who lives with severe nonverbal autism. I am learning to use a talker. I want to go to school with my twin sister and the other kids. I go to a local school but some of the grown ups keep telling my parents that I don’t belong, that I can’t do it. That really hurts my feelings and makes me feel bad about myself. I just need more help than the other kids, I just need the adults at school to learn how to help me and accept me like my family and friends did. The special school scared me and I missed my sisters and my friends. I just want grown ups to know that I just want to be a kid and be with other kids, be with my friends and my family. I am fun, I am a good boy, I love life and love to live life. Many Special Schools in Australia are currently the “best option” for the children who attend, however, they are a “best option” which should not exist, and which only remain the “best option” because they bleed resources which could be used to ensure “mainstream” schools become “actually inclusive.” I live with a disability and that’s hard enough. I want to go to school with my friends and my siblings, I want to get a part time job, I want to do all the things that people do. Australia needs more inclusion I want to go to school and have similar life experiences as my brother and sister who live with a disability just like the other kids who have siblings. I’ve spent most of my son’s life trying to justify that he’s as human as all the other humans and practices that damage them also damage him. I shouldn’t have to and he shouldn’t have to suffer under the assumption that he doesn’t belong with everyone else. Segregation allows this dehumanisation to continue. ALL of our children need inclusive education so they can live inclusive lives. It can happen and it must happen As a mum of a young person with a disability there should be more ways to keep them safe without segregation in the community I am a parent of 7 yr old boy with ASD. Neglect by his school locking him away as a form of punishment. Segregation needs to stop in our schools This work is so important It’s hard to believe we are still fighting for this in our democracy in 2020 Same Classroom same opportunity please end the educational apartheid of segregation in our schools, they are the cornerstones of a fair and equitable society. The building blocks of an inclusive society are in our schools. Please start with education and stop the segregation - from a family who has had to fight too hard for too long. VMIAC believe in Human rights and support your cause. We are registered with United Nations Geneva (Registration No. 156839/20).
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We condemn Australian education, housing and workplaces -with regards to the segregation of people with disabilities is discrimination and a breach of our human rights under the UN Convention on the Rights of Persons with Disabilities (which Australia has signed).
STOP! NSW Schools Dept ED: Locking Children With Autism In ‘Sensory Rooms’ As Human
Cages!
Stop School Violence Autistic Child Had Head Twisted By Staff Violated Her UN Human Rights
httQs://www.change.org/Q/deQartment-of-education-stoQ-nsw-deQt-ed-schools-locking-children with-autism-in-sensoey-rooms-as-human-cages/dashboard
Everyone has the right to be included. Ability shouldn’t be questioned. I believe in ending segregation for those people with a disability. I am a mental health consumer and really identify and support the need for supported decision making to replace substitute decision making. Thank you for this campaign. It is time. It’s time to create real, lasting and widespread change. Segregation and isolation of people with all disability needs to end now. People with disability deserve more, end segregation immediately, close our ‘specialist’ schools, make our community more accessible and PAY people with disability to work. Segregation is ableism in its most toxic form. The segregation of people with disability is a stain on our international reputation a blatant breach of the UNCRPD. Disability Justice Australia urges the Disability Royal Commission to put an end the segregation of people with disability in Australia. Thank you for organising this campaign. We cannot keep waiting and letting more generations of people be impacted directly or by the rioole effects of segregation. It’s time for real inclusion! disabilities have a right work home with good supports and can have fun live our good time lot more. not be blame someone be happy Fully support end to segregation.
Inclusive education is a human right and is backed by decades of research. It is wonderful to see so many organisations supporting this vitally important position paper. Governments now and into the future must acknowledge that segregation is discrimination and still prevents disabled people of all ages from having good and equal lives. They must take all actions necessary to ensure people with disability are not segregated in any way in any aspect of Australian society. As a parent of a PWD, I see organised segregation as a discrimination against disabled people and a violation of their human rights.
My son has severe nonverbal autism the majority of inclusive education mainstream funding to the school has been used to mistreat him and our family, neglect his human right to an education
netherlone an inclusive one. The DoE Regional Director, Assistant Regional Director, Principal,
Guidance Officer, HOSES and so called Inclusion Teacher have been trying to force us out into a segregated schooling institution (special school or units called pretty names like The Hub, The Hive, The Inclusion Unit) since week 5 term 1 of Prep. The sabotaging of inclusion to try and prove it doesn’t work, the retaliation, victimisation, discrimination and unethical handling of one school reporting, our private and personal information, EAP funding, inclusion funding and just the utter lack of human decency is grossly unacceptable in this day and age of the 2020s. While segregation exists in our community, our schools and in employment there will never be true, real inclusion. It is disgusting that governments are still chanelling obscene amounts of money into segregation and building new segregation institutions with little to no regards to Human Rights and Disability Rights. No matter how gilded the cage a cage is still a cage. Bad things happen when good people do and say nothing. Do something Royal Commission please do something. You have power, knowledge and evidence. Bad things happen when good people do and say nothing.
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Inequality is unacceptable and the voices of people with disability ought to be the priority. The end to segregation is long overdue. The vested interests have blocked change for too long. Let’s not continue to destroy the lives of disabled people for the sake of the livelihoods or, worse, the “hurt feelings” of those who promote and defend segregation.
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CONTACT NAMES AND ENDORSING ORGANISATIONS
For further comment please contact:
Carolyn Frohmader
CEO
Women with Disabilities Australia (WWDA) E: carolyn@wwda.org.au
Mary Sayers
CEO
Children and Young People with Disability Australia (CYDA) E: marysayers@cyda.org.au
Damian Griffis
CEO
First Peoples Disability Network (FPDN)
Sebastian Zagarella
CEO
People with Disability Australia (PWDA) E: SebastianZ@pwd.org.au
Dwayne Cranfield
CEO
National Ethnic Disability Alliance (NEDA)
Mary Mallett
CEO
Disability Advocacy Network Australia (DANA)
Ross Joyce
CEO
Australian Federation of Disability Organisations (AFDO)
Catherine McAlpine
CEO
Inclusion Australia
E: catherine.mcalpine@ inclusionaustralia.org.au