Women

With Disabilities Australia (WWDA)

Gendering the National Disability Care and Support Scheme

WWDA Submission to Stage One of the Productivity Commission National Disability Care and Support Inquiry August 2010 Gendering the National Disability Care and Support Scheme 1

WWDA Submission to Stage One of the Productivity Commission

National Disability Care and Support Inquiry

By Carolyn Frohmader for Women With Disabilities Australia (WWDA)

Women With Disabilities Australia (WWDA) is the peak organisation for women with all types of disabilities in Australia. WWDA is run by women with disabilities, for women with disabilities. It is the only organisation of its kind in Australia and one of only a very small number internationally. It represents more than 2 million disabled women in Australia and operates as a national disability organisation; a national women’s organisation; and a national human rights organisation. WWDA is inclusive and does not discriminate against any disability. The aim of WWDA is to be a national voice for the needs and rights of women with disabilities and a national force to improve the lives and life chances of women with disabilities. WWDA is committed to promoting and advancing the human rights and fundamental freedoms of women with disabilities.

Our work is grounded in a rights based framework which links gender and disability issues to a full range of civil, political, economic, social and cultural rights. This rights based approach recognises that equal treatment, equal opportunity, and non-discrimination provide for inclusive opportunities for women and girls with disabilities in society. It also seeks to create greater awareness among governments and other relevant institutions of their obligations to fulfil, respect, protect and promote human rights and to support and empower women with disabilities, both individually and collectively, to claim their rights.

Women With Disabilities Australia (WWDA) PO Box 605, Rosny Park 7018 TASMANIA, AUSTRALIA Ph +61 3 6244 8288 Fax +61 3 6244 8255 ABN 23 627 650 121 Email wwda@wwda.org.au Web www.wwda.org.au

Winner, National Human Rights Award 2001 Winner, National Violence Prevention Award 1999 Winner, Tasmanian Women’s Safety Award 2008 Certificate of Merit, Australian Crime & Violence Prevention Awards 2008 Nominee, French Republic’s Human Rights Prize 2003 Nominee, UN Millennium Peace Prize for Women 2000

"While Australia
has a strong record
of ratification
of human rights
treates, including
CEDAW, there
remains an
'implementation
Gap' at the
domestic level."

Background 5
The Scope of WWDA’s Submission 7
Executive Summary 8
Gender & Disability 10
Key Concepts in Gendering a Disability Care & Support Scheme 14
The Context & Framework for a Gendered Disability Care & Support Scheme 17
- Gender Equality - International Commitments 18
- Gender Equality - The Domestic Context 22
Conclusion 24
Appendix 1 26
End Notes 28

4 WOMEN WITH DISABILITIES AUSTRALIA

Background

In December 2009, as part of the National Disability Strategy • how to determine the people most in need of support, the (NDS),4 the Australian Government announced a Productivity services that should be available to them, and service delivery Commission5 National Inquiry into a Long-term Care and arrangements; Support Scheme6 for people with severe and profound disability • the costs, benefits, feasibility and funding options of alternative in Australia, including the establishment of a National Disability schemes; Insurance Scheme (NDIS).7 The need for this National Inquiry • how the scheme will interact with the health, aged care, included the principal recommendation of the Disability Investment informal care, income support and injury insurance systems; Group (DIG), a group established by the [then] Rudd Labor • its impacts on the workforce; Government to ‘explore innovative funding ideas from the private • how any scheme should be introduced and governed; sector that will help people with disability and their families access • what protections and safeguards should be part of the greater support and plan for the future’.8 The DIG’s final report,9 scheme. released in December 2009, proposed a new disability policy framework for Australia, with the central platform being the To inform the Inquiry, the Productivity Commission released an introduction of an NDIS. Issues Paper in late May 2010, and conducted an initial series of Public forums. Submissions were invited in response to the The Productivity Commission’s Inquiry into a long-term disability Issues Paper and Terms of Reference. The Commission is due care and support scheme began in April 2010 and will report to to release a draft report in February 2011 setting out its draft Government by July 2011. Amongst other things, the Inquiry has recommendations to the Australian Government. A further been asked to examine: consultative process is scheduled following the release of the

how a scheme should be designed and funded to better meet Draft Report. The full Terms of Reference for the Inquiry are the long-term needs of people with disability, their families and included in Appendix 1. carers;

6 WOMEN WITH DISABILITES AUSTRALIA

The Scope of

WWDA’s Submission

The Productivity Commission Inquiry into Disability Care and For the purposes of this initial Submission to Stage One of the Productivity Commission Inquiry, WWDA has therefore elected to focus on the critical requirement to ensure that any Disability Care & Support Scheme (DCSS) is gendered - consistent with Australia’s international obligations to eliminate all forms of discrimination against women with disabilities; to ensure equality between men with Disabilities and Women with Disabilities, and to Respect, Protect and Fulfill the Human Rights of Women With Disabilities.

Gendering the National Disability Care and Support Scheme 7

Executive Summary

The importance in any new Disability Care & Support Scheme (DCSS) of adhering to the principles and obligations in key human rights conventions to which Australia is a party has been clearly expressed by the Australian Government.

As a member State of the United Nations, and as a party to a number of human rights conventions and instruments which create obligations in relation to gender equality, Australia has committed to eliminate all forms of discrimination against women and to ensure equality between men and women. In recognition of the fact that women with disabilities face multiple discriminations and human rights violations and are often profoundly more disadvantaged than disabled men, Australia has also agreed to take all appropriate measures, including focused, gender-specific measures to ensure that disabled women and girls experience full and effective enjoyment of their human rights.

These factors underscore the need for greater understanding about the rationale and policy and program implications for a gendered approach to the design of the DCSS.

This Submission details Australia’s international and domestic obligations to ensure equality between men and women, and to respect, protect and fulfil the human rights of women with disabilities. In this context, it looks at the key international human rights treaties and instruments to which Australia is a party, and also examines the domestic legislative and policy contexts for the promotion of gender equality. WWDA’s Submission argues that these obligations provide the rationale, need, context and framework for a gendered DCSS and reflect Australia’s commitment to the promotion of an active and visible policy of mainstreaming a gender perspective into all legislative and policy frameworks, along with the implementation of parallel strategies in order to promote gender equality and denounce discrimination against women.

In the context of these commitments and obligations, there are therefore a number of substantive elements which should apply to the design of the DCSS, and which are critical for women and girls with disabilities:

Gender must be mainstreamed into all aspects of the DCSS, in recognition that women and girls with disabilities have fewer opportunities, lower status and less power and influence than men and boys with disabilities. Women with disabilities:
- Are poorer and have to work harder than disabled men to secure their livelihoods;
- Have less control over income and assets;
- Bear the responsibility for unpaid work in the private and social spheres;
- Have a smaller share of opportunities for human development;
- Are subject to violence, abuse and intimidation;
- Have a subordinate social position; and,
- Are poorly represented in policy and decision-making.11
The design of the DCSS should be based on sex-disaggregated data and gender-sensitive information about disabled women and girls. Gender studies should be commissioned to examine particular issues and address information gaps. This information is necessary to identify gender difference and inequality; to design a scheme that meets disabled women’s real needs; and to monitor the differential impact of the scheme on disabled women and men.
DCSS design interventions must ensure gender equity; that is, fairness of treatment (which is equivalent in terms of rights, benefits, obligations and opportunities) for disabled women according to their needs. Such interventions must take into account the actual needs of women with disabilities, including for example, their roles as carers, and as the providers of unpaid labour in the private and social spheres.
The DCSS should take a life-cycle approach, and ensure that women and girls with disabilities can access appropriate levels of support that address their long-term needs. The Scheme design must ensure that women with disabilities who are ageing, or who acquire disability in later age, can access the same quality and extent of care and support.

The DCSS should include provision for the development of
The DCSS must adhere to, reflect and implement, Australia’s specific programs and targeted interventions for the benefit of disabled women and girls that promote equality and address discrimination.

Recognition of the personhood and human rights of women and girls with disabilities is long overdue. Lack of recognition of their needs and experience constitutes a serious form of disrespect which compounds lack of self-esteem and self-worth. Inattention to the rights of women with disabilities in the Disability Care & Support Scheme, only seeks to contribute to the ongoing neglect and pervasive denial of their rights and fundamental freedoms.

Any means testing for Scheme eligibility must recognise that in many cases, women with disabilities do not have equal access to household income and resources. In determining Scheme eligibility, including those most in need of support, the DCSS should ensure appropriate coverage for disabled women and girls who:
- are socially excluded;
- are subject to, and at risk of, violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation;
- experience pervasive poverty;
- are denied access to education and employment;
- are subject to violations of their fundamental human rights;
- are segregated and incarcerated in institutions and other forms of congregate care arrangements.
The DCSS must be designed in a way that promotes and maximises flexibility and choice. It needs to be recognised that self-managed funding, for example, may suit some women with disabilities but not others. For some women with disabilities, self-directed funding may lead to increased vulnerability and potential for exploitation and abuse.
The DCSS should operate as a stand-alone Scheme. For example, part of the condition of receiving care and support should not be an insistence on participation in the labour market.
Gender disaggregated indicators must be built into the DCSS design, and monitoring and evaluation mechanisms should include both quantitative and qualitative approaches and measures.
The DCSS should promote the inclusion of women and girls with disabilities in future decision-making, including in governance arrangements. This must include significant resourcing of capacity building initiatives to ensure that disabled women and girls are able to be involved in debates, discussions and consultative processes about DCSS.

Gender & Disability

Gender affects the equal right of men and women to the result of overt or covert discrimination.

Women with disabilities enjoyments of their human rights. Gender refers to the social differences and relations between men and women which are learned, vary widely among societies and cultures, and change over time. The term gender does not replace the term sex, which refers exclusively to biological differences between men and women. The term gender is used to analyse the roles, responsibilities, constraints, opportunities and needs of women

and men in all areas and in any given social context.

Gender roles are learned behaviours in a given society, community or other social group. They condition which activities, tasks and responsibilities are perceived as male or female.

Gender roles are affected by age, disability, class, race, ethnicity and religion, and by the geographical, economic and political environment.12 Gender-based assumptions and expectations generally place women with disabilities at a disadvantage with respect to substantive enjoyment of rights, such as freedom to act and to be recognised as autonomous, fully capable adults, to participate fully in economic, social and political development, and make decisions concerning their circumstances and conditions.

Gender is one of the most important categories of social organisation,13 yet people with disabilities are often treated as asexual, genderless human beings. This view is borne out in Australian disability policies, which have consistently failed to apply a gender lens. Most have proceeded as though there are a common set of issues - and that men and women experience

disability in the same way.14
However women with disabilities and men with disabilities have different life experiences due to biological, psychological, economic, social, political and cultural attributes associated with being female and male. Patterns of disadvantage are often associated with the differences in the social position of women and men. These gendered differences are reflected in the life experiences of women with disabilities and men with disabilities. In Australia, the gender gap in pay has widened over the last four years.32 Superannuation savings are directly linked to paid work, and current average superannuation payouts for women are less than half that received by men;33 Women with disabilities face multiple discriminations and are often more disadvantaged than men with disabilities in similar circumstances. Women with disabilities are often denied equal enjoyment of their human rights, in particular by virtue of the lesser status ascribed to them by tradition and custom, or as a

10 WOMEN WITH DISABILITES AUSTRALIA

disabled men’s and that disabled women have been more

In Australia, women with disabilities bear a disproportionate burden of poverty, are less likely to be in paid work than other women, disabled men or the population as a whole. There has been no improvement in the unemployment rate of women with disabilities for more than a decade, and where they are employed, women with disabilities experience significant and systemic discrimination.

women with disabilities are more likely to be sole parents, to be living on their own, or in their parental family than disabled men;
women who become disabled after marriage are at higher risk of divorce than disabled men and often experience difficulty maintaining custody of their children;

Women with disabilities are less likely than their male counterparts to receive adequate vocational rehabilitation or gain entry to labour market programs. They earn less than disabled men, are in the lowest income earning bracket, yet pay the highest level of their gross income on housing, and spend a greater proportion of their income on medical care and health related expenses. When women with disabilities work, they often experience unequal hiring and promotion standards, unequal access to training and retraining, unequal access to credit and other productive resources, unequal pay for equal work and occupational segregation, and they rarely participate in economic decision-making.

women with disabilities like other women, share the burden of responsibility for unpaid work in the private and social spheres, including for example, cooking, cleaning, caring for children and relatives. Women in Australia spend almost three times as many hours per week looking after children as men; and do two thirds of the unpaid caring and domestic work in Australian households;

Women with disabilities have difficulty finding accessible housing, are more likely to be institutionalised than their male counterparts and are often forced to live in situations in which they experience, or are at risk of experiencing, violence, abuse (including the use of chemical and physical restraints) and neglect.

women with disabilities are more exposed to practices which qualify as torture or inhuman or degrading treatment (such as sterilization, forced abortion, violence, forced medication, chemical restraint).

Two million women with disabilities live in Australia, making up 20.1% of the population of Australian women. Women with disabilities continue to be one of the most excluded, neglected and isolated groups in Australian society, experiencing widespread and serious violations of their human rights.

Women with disabilities are denied their right to freedom from exploitation, violence and abuse – they experience alarmingly high rates of all forms of violence and abuse from a range of perpetrators yet remain excluded from violence prevention legislation, policies, services and supports. They continue to be

Gendering the National Disability Care and Support Scheme 11

Gender & Disability

assaulted, raped and abused at a rate of at least two times greater policies and laws. Their issues and needs are often overlooked than other women, and are at greater risk of severe forms of within broader government services and programs. The exclusion intimate partner violence.

Women with disabilities are denied their right to bodily integrity,
to control their own bodies and to be free from interventions – evidenced by the practices of forced sterilisation, menstrual
suppression, forced contraception and coerced abortion.
Compared to other women, disabled women are less likely to
receive appropriate health services and are significantly more
likely to face medical interventions to control their fertility.

Women and girls with disabilities are more likely to be unlawfully
sterylised than their male counterparts. They are less likely to have children, more likely to experience marriage breakdown and divorce, and more likely to be single parents.49

Many women with disabilities are excluded from participating in decisions that affect their lives on a daily basis, particularly for example, as active partners in their own health care. They are often stereotyped as passive, asexual, dependent,50 compliant,51 sick, child-like, incompetent and helpless,52 powerless53 or insecure.54 Alternatively, women with developmental disabilities in particular may be regarded as overly sexual, creating a fear of profligacy and the reproduction of disabled babies, often a justification for their sterlisation.55 These perceptions, although very different, often result in women with disabilities being denied the right to participate in decision-making processes that affect their lives.

Women with disabilities are denied the right to experience their sexuality, to have sexual relationships and to found and maintain a family. They experience discriminatory attitudes and widely held prejudicial assumptions which question their ability and indeed, their right to experience parenthood. They have their babies and children removed by child welfare authorities without evidence of abuse, neglect and/or parental incapacity, and lose their children in custody disputes simply because they are women with disabilities.56

Despite the work of WWDA, women with disabilities in Australia still remain largely invisible and voiceless, often ignored by national

12 WOMEN WITH DISABILITES AUSTRALIA

Gendering the National Disability Care and Support Scheme 13

Key Concepts in

Gendering a Disability Care & Support Scheme

Gender Equality

Equality between men and women entails the concept that all human beings, both men and women, are free to develop their personal abilities and make choices without the limitations set by stereotypes, rigid gender roles and prejudices.

In addition to targeted interventions to promote women’s empowerment, it brings the focus on women’s issues and gender equality into all policy development, research, advocacy, legislation, resource allocation, planning, implementation and monitoring of programs and projects.63

Gender Analysis

A gender mainstreaming tool used to ascertain differences between women and men regarding their specific activities, conditions, needs, access to and control over resources, and access to development benefits and decision-making. It studies the linkages of these and other factors within the larger social, economic, political and environmental context. Gender analysis involves collecting sex-disaggregated data and gender-sensitive information about the population concerned.

It is the first step in gender-sensitive planning for promoting gender equality.64 It should be conducted at every stage of an intervention, policy or program including design, implementation and evaluation.65

Targeted Interventions For Gender Equality

Targeted interventions for gender equality are seen as essential for mainstreaming, and necessary for gender equity.

Gender Equity

Means fairness of treatment for women and men according to their respective needs. This may include equal treatment or different but equivalent treatment in terms of rights, benefits, obligations and opportunities.66 The development of specific programs and interventions that benefit women by promoting equality and addressing discrimination complements the gender mainstreaming process.67

Gender Mainstreaming

Not a goal itself, but means to achieve gender equality. A call to Governments and others actors to promote active and visible policies which mainsteam a gender perspective into all policies and programmes so that before decisions are taken analyses on effects on both genders respectively are made.68

The concept was clearly established in 1995 during Fourth World Conference On Women held In Beijing As global strategy To Promote Gender Equality. Gender mainstreaming aims bring About Gender Equality And advance woman’s Rights By Infusing Gender Analysis Research Woman Perspectives & Goals Into Policies Projects Institutions.

“Australia has signed up to the seven

core United Nations treaties that

protect human rights. The Government

believes that Australia can and should

live up to its obligations under those

treaties.”

Hon Robert McClelland MP, Attorney-General, 2010 1

Gendering the National Disability Care and Support Scheme 15

16 WOMEN WITH DISABILITES AUSTRALIA

The Context &

Framework for a Gendered Disability Care & Support Scheme

The equal right of men and women to the enjoyment of all reaffirmation of equality of men and women is not sufficient to human rights is one of the fundamental principles recognised meet the obligation to eliminate all forms of discrimination against women with disabilities. International human rights law requires States to take all appropriate measures (including positive steps) to ensure that women with disabilities can enjoy equal rights in practice. The equal right of men and women to the enjoyment of economic, social and cultural rights, for example, is a mandatory and immediate obligation of States parties.

redacted

Australian Human Rights Commission, 2010 69

                                      Gendering the National Disability Care and Support Scheme   17

Gender Equality

International Commitments

In 1983, the Australian Government ratified the United Nations these groups of women primarily, or to a different degree or in different ways than men. States parties may need to take specific temporary special measures to eliminate such multiple forms of discrimination against women and its compounded negative impact on them.

And further stated:

States parties are reminded that temporary special measures should be adopted to accelerate the modification and elimination of cultural practices and stereotypical attitudes and behaviour that discriminate against or are disadvantageous for women…. Where necessary, such measures should be directed at women subjected to multiple discrimination…..

CEDAW General Recommendation 18 ‘Disabled Women’,, passed in 1991, makes it clear that the Convention covers the human rights of women with disabilities, and makes explicit the need for Governments to take special measures to address the needs of women with disabilities.

To meet its obligations under CEDAW, the Australian Government is therefore, required to:

ensure that there is no direct or indirect discrimination against women in Australian laws and that women are protected against discrimination. This includes the need to enshrine gender equality into domestic legislation;
improve the de-facto position of women through concrete and effective policies and programmes;
address prevailing gender relations and the persistence of gender-based stereotypes that affect women not only through acts by individuals but also in law, and legal and societal structures and institutions.

The CEDAW Committee has regularly referred to double or multiple discrimination, in which one’s experience of gender may be influenced by other factors, such as disability, race, religion, nationality, poverty, or age. In particular the Committee has expressly stated that:

Certain groups of women, in addition to suffering from the Convention requires that women be given an equal start and that they be empowered by an enabling environment to achieve equality of results. It is not enough to guarantee women treatment that is identical to that of men. Rather, biological as well as socially and culturally constructed differences between women and men must be taken into account. Under certain circumstances, non-identical treatment of women and men will be required in order to address such differences.

States parties may suffer from multiple forms of discrimination based on additional grounds such as race, ethnic or religious identity, disability, age, class, caste or other factors. Such discrimination may affect them primarily, or to a different degree or in different ways than men. States parties may need to take specific temporary special measures to eliminate such multiple forms of discrimination against women and its compounded negative impact on them.

The CEDAW Committee77 has regularly referred to double or multiple discrimination, in which one’s experience of gender may be influenced by other factors, such as disability, race, religion, nationality, poverty, or age.78 In particular the Committee has expressly stated that:

to respect (meaning States parties must refrain from interfering with the enjoyment of the rights of persons with disabilities); the obligation to protect (States parties must prevent violations of these rights by third parties) and,** the obligation to fulfil** (States parties must take appropriate legislative, administrative, budgetary, judicial and other actions towards the full realisation of these rights).

In acknowledging the impact of multiple discriminations caused by the intersection of gender and disability, and in recognition of the fact that women with disabilities are often profoundly more disadvantaged than men with disabilities in similar situations,* leading to the denial of rights, opportunities and resources, the CRPD contains a stand alone Article on ‘Women with Disabilities’. This Article prioritises women with disabilities as a group warranting specific attention, and calls on Governments to take positive actions and measures to ensure that women and girls with disabilities enjoy all human rights and fundamental freedoms. The CRPD expressly articulates equality between men and women as one of the key principles underpinning the Convention. This principle requires States to promote equality between men and women and to combat inequality when implementing the provisions of the Convention. In addition to Article 6 (* Women With Disabilities*), issues of particular relevance to women with disabilities are addressed throughout the various articles of the CRPD, including for example Freedom from exploitation, violence and abuse (Article 16); Health (Article 25) and Adequate Standard of Living (Article 28). These may include the adoption of temporary special measures to accelerate women’s equal enjoyment of their rights, gender audits, and gender-specific allocation of resources.

In meeting its obligations under the CRPD, the Australian Government has a commitment to ensure that Article 6 (Women with Disabilities) is implemented at the domestic level. This includes ensuring that national policies, frameworks and strategies make explicit recognition of the impact of multiple discriminations caused by the intersection of gender and disability, and include focused, gender-specific measures to ensure that women with disabilities experience full and effective enjoyment of their human rights. The need to incorporate a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities,* is expressly stated in the CRPD.*

The International Covenant on Economic, Social and Cultural Rights (CESCR) was ratified by Australia in 1975. The CESCR commits States Parties to work toward the granting of economic, social, and cultural rights to individuals, including labour rights and rights to health, education, and an adequate standard of living. The CESCR protects human rights that are fundamental to the dignity of every person. In particular,** Article 3 of this Covenant provides for the equal right of men and women to the enjoyment of rights it articulates.** The equal right of men and women to the enjoyment of economic, social and cultural rights is a mandatory and immediate obligation of States parties. CESCR imposes three levels of obligations on States parties - the obligation to respect, to protect and to fulfil. The obligation to respect includes the requirement of States parties to take into account the effect of apparently gender-neutral laws, policies and programmes and to consider whether they could result in a negative impact on the ability of men and women to enjoy their human rights on a basis of equality. The obligation to protect requires States parties to take steps aimed directly at the elimination of prejudices, customary and all other practices that perpetuate the notion of inferiority or superiority of either of the sexes, and stereotyped roles for men and women.* Amongst other things, *the obligation to fulfill requires States parties to take steps to ensure that in practice, men and women enjoy their economic, social and cultural rights on a basis of equality. Such steps include, for example, the design and implementation of policies and programmes to give long-term effect to the economic, social and cultural rights of both men and women on the basis of equality. These may include the adoption of temporary special measures

The International Covenant on Civil and Political Rights (ICCPR) ratified by Australia in 1980,** commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly**, family rights, electoral rights and rights to due process and a fair trial. Article 3 implies that all human beings should enjoy the rights provided for in the Covenant, on an equal basis and in their totality. Consequently, States should ensure that men and women share equally in the enjoyment of all rights provided for in the Covenant. The obligation to ensure to all individuals the rights recognised in the Covenant, requires that States parties take all necessary steps to enable every person to enjoy those

Gender Equality

International Commitments

equality rights. These steps include the removal of obstacles to the equal Parties to CAT are therefore required to ensure the protection enjoyment of such rights, the education of the population and of
State officials in human rights, and the adjustment of domestic
legislation so as to give effect to the undertakings set forth in
The Covenant. The State party must not only adopt measures of
protection, but also positive measures in all areas so as to achieve the effective and equal empowerment of women.

Australia ratified the Convention on the Rights of the Child
(CRC) in 1990. The CRC is one of the nine core international
human rights treaties. It sets out the civil, political, economic,
social, and cultural rights of children. The Convention generally
defines a child as any human being under the age of eighteen,
unless an earlier age of majority is recognised by a country’s law.
Article 2 of the CRC requires States parties to ensure that all
children within their jurisdiction enjoy all the rights enshrined in
the Convention without discrimination of any kind. This obligation
is required to take appropriate measures to prevent
al forms of discrimination, including on the ground of disability.
This explicit mention of disability as a prohibited ground for
discrimination recognizes that children with disabilities belong to
one of the most vulnerable groups of children, and that factors
such as gender can increase this vulnerability. CRC General Comment 9 (The rights of children with disabilities) expressly states that:

Girls with disabilities are often even more vulnerable to
discrimination due to gender discrimination. In this context, States parties are requested to pay particular attention to girls with
disabilities by taking the necessary measures, and when needed
extra measures, in order to ensure that they are well protected,
have access to all services and are fully included in society. The Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (CAT) is another of
international human rights treaties to which Australia is a
party, having ratified CAT in 1989. CAT General Comment 2
imphasises that gender is a key factor in implementation of
the Convention. Being female intersects with other identifying characteristics (such as disability) to determine the ways that
women and girls are subject to or at risk of torture or ill-
treatment and the consequences thereof. The contexts in which
females are at risk include for example, deprivation of liberty,
medical treatment, particularly involving reproductive decisions,
and violence by private actors in communities and homes. States
must not only adopt measures of protection, but also positive measures in all areas so as to achieve the effective and equal empowerment of women.

In adopting the Beijing Declaration and Platform for Action
(BPFA), the Australian Government committed to the
promotion of an active and visible policy of mainstreaming a
gender perspective into all policies and programs, including
in regard to human rights of women. The Platform also
is emphasised that the goal of full realisation of human rights for
al required explicit attention to the systematic and systemic
nature of discrimination against women. The commitment
to the BPFA was further reaffirmed by member states in the
outcome document of the Twenty-third Special Session of the
UN General Assembly in 2000. This meant that the Australian
Government committed to further actions and initiatives to
speed up implementation of the BPFA and ensure commitments for gender equality are fully realized. This included
The need to ensure that, as a priority, women’s needs, interests, concerns, experiences and priorities are an integral dimension of
design, implementation, national monitoring, and follow-up
evaluation, of all actions in all areas.98 The need for all policy
making and programming to include and address the needs of women with disabilities, including the need for special measures, is
also clearly articulated.

The United Nations Biwako Millennium Framework for
Action towards an Inclusive, Barrier-free and Rights based
Society in Asia and the Pacific (BMF), was adopted by the
Australian Government in 2002, as the defining policy guideline
to promote the full participation and equality of people with
disabilities in the Asia Pacific region during the decade 2002-
2012. In acknowledging that women with disabilities experience
discrimination to a greater extent than disabled men, the BMF
identifies ‘women with disabilities’ as one of seven priority areas
of action.

In 2007, in recognition that Governments needed to
strengthen their efforts to implement the BMF, ministerial-level
representatives of countries in the region developed Biwako
Plus Five, a supplement to the BMF designed to accelerate
implementation of the BMF by 2012. Biwako Plus Five provides
aditional actions in the seven priority areas, along with additional

Key Strategies

In relation to the priority area of ‘women with disabilities’ Biwako Plus Five specifically requires Governments to:

Promote the inclusion of gender perspectives in disability-relevant policies, programmes, plans and legislation;
Promote the inclusion of the perspectives of women with disabilities in the development of gender-relevant policies, programmes, plans and legislation;
Promote the participation of women with disabilities and organizations of women with disabilities in the processes of developing both gender-relevant and disability-related policies, programmes, plans and legislation;
Recognize that women and girls with disabilities are subject to multiple discrimination and, in this regard… should support the economic, social, cultural and political empowerment of women with disabilities, in particular through leadership and management training on a sustained basis. Governments should take appropriate measures to address discrimination against women with disabilities in all matters, including those relating to marriage, family, parenthood and relationships, to ensure their full development, advancement and empowerment.

The ILO strongly advocates for gender mainstreaming in the application of International Labour Standards, and maintains that such an approach:

helps to ensure that women and men have equal access to benefits derived from the Conventions;
recognises the needs, experiences and interests of both women and men;
enables stakeholders to manage change;
demonstrates a willingness to undertake differential measures to respond to the needs and interests of men and women;

and

advocates equality brought about by the implementation of Conventions.

The Australian Government is also committed to the implementation of the Millennium Development Goals (MDGs) - agreed targets set by the world’s nations to reduce poverty by 2015. Gender equality is central to achieving these goals. Actively supporting women’s full participation in economic, social and political life is a key factor in reducing poverty, enhancing economic growth and democratic governance, and increasing the well-being of women, girls and their families.104

Australia is a party to fifty-five Conventions (forty seven in force) of the International Labour Organisation ILO),101 including three of the four key equality Conventions. These are: Discrimination in respect of Employment and Occupation (ILO Convention No 111); Equal Remuneration for Men and Women Workers for Work of Equal Value (ILO Convention No 100); and Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities (ILO Convention No 156).

The ILO has however, found that states parties to these Conventions, often fail to ensure their implementation:

women still face multiple forms of discrimination in the labour market……….. there continues to be a gap between the rights set out in national and international standards and the real situation of workers. These rights must be made effective in practice.102 103

Gendering the National Disability Care and Support Scheme 21

Gender Equality

The Domestic Context

Equality between men and women is a principle that lies at

the importance of human rights education; the heart of a fair and productive society. It is also the key goal
enhancing Australia’s domestic and international engagement on human rights issues; eliminate discrimination and sexual harassment and promote greater equality in all aspects of the Australian community. The
improving human rights protections including greater parliamentary scrutiny; and SDA makes unlawful discrimination on the grounds of sex, pregnancy or potential pregnancy in many areas
of public life including employment, education and the provision
on goods, services or facilities. The SDA makes it unlawful to discriminate on the ground of family responsibilities only in

The Framework reaffirms Australia’s commitment to thethe case of dismissal from employment. The Act also gives seven core human rights treaties to which it is a party, andeffect to certain provisions of CEDAW. Following a Senate acknowledges that these treaties reflect international agreementReview in 2008 of the effectiveness of the SDA in eliminating about the fundamental values that make up human rightsdiscrimination and promoting gender equality, the Australian protected under the treaties. Equality between men andGovernment introduced the Sex Discrimination Amendment women and the elimination of discrimination against womenBill 2010 into the Parliament in June 2010. The Bill amends the are recognized as fundamental human rights, and are enshrinedSDA to: extend protections from discrimination on the grounds in most of the core international human rights treaties. Theof family responsibilities to both women and men in all areas of Australian Government has expressly articulated the view thatwork; provide improved protection from sexual harassment for ‘Australia can and should live up to its obligations under thosestudents and workers; ensure protections from sex discrimination treaties’.109apply equally to women and men; and establish breastfeeding as a separate ground of discrimination.105

The Australian Governments National Disability Strategy (NDS) was released in late July 2010. It sets out a ten year national planThe Equal Opportunity for Women in the Workplace Act 1999 for improving life for Australians with disability, their families and(EOWW Act) creates positive obligations for employers to carers. The purpose of the National Disability Strategy is to: develop and implement workplace programs to ensure women - establish a high level policy framework to give coherencehave equality of opportunity. Employers are required to report to, and guide government activity across mainstream andannually on these programs. These obligations apply to employers disability-specific areas of public policyof 100 people or more, and higher education institutions that are employers. The EOWW Act also establishes the Equal - drive improved performance of mainstream services in disability issues and ensure they are included inOpportunity for Women in the Workplace Agency (EOWA) delivering outcomes for people with disability which monitors compliance with these obligations.106 A Review - give visibility to disability issues and ensure they are included inof the effectiveness and efficiency of the EOWW Act is currently the development and implementation of all public policy thatbeing undertaken by the Australian Government. Preliminary impacts on people with disabilityfindings have included the need for the Act to be improved to better capture issues for women with disabilities.107 - provide national leadership toward greater inclusion of people with disability. In April 2010, the Australian Government released Australia’s Human Rights Framework108 which outlines a range of key

The NDS covers six key policy areas110 and recognizes that measures to further protect and promote human rights in sex, race and age can significantly impact on the experience of Australia. The Framework is based on five key principles and disability. It specifically acknowledges that women and men with focuses on: disability often face different challenges by reason of their sex, or

reaffirming a commitment to Australia’s human rights experience the same issues in different ways, and therefore need obligations; different supports.111

Page 23

The NDS aims to ensure that the principles underpinning the Convention on the Rights of Persons with Disabilities (CRPD)

are incorporated into policies and programs affecting people with disability, their families and carers. As outlined earlier in this paper, ‘Equality between men and women’ (a fundamental human right in itself) is one of the key principles underpinning the CRPD. The Council of Australian Governments (COAG)** is currently developing a National Plan to Reduce Violence against Women and their Children, including an initial three-year action plan during 2010**…The COAG National Action Plan will be informed by Time for Action, the final report of the National Council to Reduce Violence Against Women and their Children. This report adopts an intersectional analysis to ensure that gender equality and factors such as disability, race, ethnicity, sexuality, and class are taken into account. It acknowledges that compared to non-disabled women, women with disabilities experience violence at significantly higher rates, more frequently, for longer, in more ways, and by more perpetrators, yet programs and services for this group either do not exist or are extremely limited…

In June 2010, Australia’s Sex Discrimination Commissioner**, Elizabeth Broderick, released her Gender Equality Blueprint 2010. The Blueprint sets out key reforms and recommendations in five priority areas which significantly affect both the public and private lives of women and men in Australia. Its development stemmed from the Commissioner’s National Listening Tour** in 2008, which involved extensive consultations with women and men across the country. The Commissioner’s key finding of the consultations was that Australia’s progress towards the goal of gender equality had stalled…Consequently, one of the five priority areas of the Blueprint is to ‘strengthen gender equality laws, advice and mainstreaming across Government.’ This includes key strategies to meet the following recommendations:

to build effective gender equality machinery in Australia;
to strengthen the Sex Discrimination Act to promote substantive gender equality;
to ensure women experience equal outcomes in the workplace;
to genuinely chart Australia’s progress on gender equality; and
to promote and protect all human rights, including the right to equality.

The Australian Government has unequivocally stated it’s committed to strengthening the provision of gender analysis, advice and mainstreaming across Government. The Minister for the Status of Women works with other Government Ministers to ‘ensure that women’s issues and gender equality are taken into consideration in policy and program development and implementation.’ The Office for Women (OFW) supports the Minister in this role, and is the central source of advice for **Government agencies on the impact of Government policies and programs for Australian women. The OFW asserts that it has strengthened its role in advising Government agencies on the gender dimensions of policy and program development and implementation. Its role includes the provision of advice on the gender dimensions of policy submissions to Cabinet Ministers, to ensure gender equality is considered in the early stages of policy development…

The Australian Government is currently in the process of developing a new National Women’s Health Policy (NWHP)…in order to: ‘improve the health and wellbeing of all women in Australia, especially those with the highest risk of poor health; encourage the health system to be more responsive to the needs of women; actively promote the participation of women in health decision making and management; and to promote health equity among women’…The NWHP Consultation Discussion Paper**, released by the Government to inform development of the NWHP, identifies women with disabilities as a group experiencing major inequalities in health status, and further identifies the critical importance of the participation of socially excluded groups of women in health as a ‘key way of making the health system more responsive to their needs.’

Conclusion

As a member State of the United Nations, and as a party to a women, and to respect, protect and fulfil the human rights of number of human rights conventions and instruments which women with disabilities. In this context, it has looked at the key create obligations in relation to gender equality, Australia has international human rights treaties and instruments to which committed to eliminate all forms of discrimination against Australia is a party, and also examined the domestic legislative and policy contexts for the promotion of gender equality. recognition of the fact that women with disabilities face multiple discriminations and human rights violations and are often profoundly more disadvantaged than disabled men, Australia has
gender-specific measures to ensure that disabled women and girls experience full and effective enjoyment of their human rights.
This Submission has detailed Australia’s international and
domestic obligations to ensure equality between men and
discrimination against women.

24 WOMEN WITH DISABILITIES AUSTRALIA

“If those who sign agreements such as the Convention on the Elimination of Discrimination against Women, or who endorse the Beijing Platform for Action, do not translate commitments into actions, and are not held to account for these actions, these texts lose credibility. Accountability is essential if the world is to realise women’s rights and gender equality.”

Ban Ki-Moon, Secretary-General of the United Nations, 2008 2

                                      Gendering the National Disability Care and Support Scheme   25

Appendix 1

Terms of Reference

Productivity Commission Inquiry into Disability Care and Support

I, Nick Sherry, pursuant to Parts 2 and 3 of the Productivity Commission Act 1998, hereby refer a national disability long-term care and support scheme in Australia to the Productivity Commission for inquiry and report by 31 July 2011. The Commission will begin the inquiry in April 2010.

Background

The Australian Government is committed to developing a National Disability Strategy to enhance the quality of life and increase economic and social participation for people with disability and their carers.

The Commonwealth, along with the States and Territories, has a major investment in disability specific support. However, there remains a significant level of unmet demand for disability services which impacts upon the lives of people with disability, their families and carers. Demographic change and the anticipated decline in the availability of informal care are expected to place further pressure on the existing system over the coming decades.

While Australia’s social security and universal health care systems provide an entitlement to services based on need, there is currently no equivalent entitlement to disability care and support services.

The Government is committed to finding the best solutions to improve care and support services for people with disability. An exploration of alternative approaches to funding and delivering disability services with a focus on early intervention and long-term care will be an important contribution to the National Disability Strategy.

Scope of the review

The Productivity Commission is requested to undertake an inquiry into a National Disability Long-term Care and Support Scheme. The inquiry should assess the costs, cost effectiveness, benefits, and feasibility of an approach which:

provides long-term essential care and support for eligible people with severe or profound disability, on an entitlement basis and taking account the desired outcomes for each person over a lifetime
is intended to cover people with disability not acquired as part of the natural process of ageing
calculates and manages the costs of long-term care and support for people with severe and profound disability
replaces the existing system funding for the eligible population
ensures a range of support options is available, including individualised approaches
includes a coordinated package of care services which could include accommodation support, aids and equipment, respite, transport and a range of community participation and day programs available for a person’s lifetime
assists the person with disability to make decisions about their support
provides support for people to participate in employment where possible.

In undertaking the inquiry, the Commission is to:

Examine a range of options and approaches, including international examples, for the provision of long-term care and support for people with severe or profound disability.

The Commission is to include an examination of a social insurance model on a no-fault basis, reflecting the shared risk of disability across the population. The Commission should also examine other options that provide incentives to focus investment on early intervention, as an adjunct to, or substitute for, an insurance model.

The Commission is to consider the following specific design issues of any proposed scheme:

eligibility criteria for the scheme, including appropriate age limits, assessment and review processes
coverage and entitlements (benefits)
the choice of care providers including from the public, private and not-for-profit sectors
contribution of, and impact on, informal care
the implications for the health and aged care systems
the interaction with, or inclusion of, employment services and income support
where appropriate, the interaction with:
- national and state-based traumatic injury schemes, with particular consideration of the implications for existing compensation arrangements
- medical indemnity insurance schemes.

Consider governance and administrative arrangements for any proposed scheme including:

the governance model for overseeing a scheme and prudential arrangements
administrative arrangements, including consideration of national, state and/or regional administrative models
implications for Commonwealth and State and Territory responsibilities
the legislative basis for a scheme including consideration of head of power
appeal and review processes for scheme claimants and participants.

Consider costs and financing of any proposed scheme, including:

the costs in the transition phase and when fully operational, considering the likely demand for, and utilisation under different demographic and economic assumptions
the likely offsets and/or cost pressures on government expenditure in other systems as a result of a scheme including income support, health, aged care, disability support system, judicial and crisis accommodation systems
models for financing including: general revenue; hypothecated levy on personal taxation, a future fund approach with investment guidelines to generate income
contributions of Commonwealth and State and Territory governments
options for private contributions including copayments, fees or contributions to enhance services.

Consider implementation issues of any proposed scheme, including:

changes that would be required to existing service systems
workforce capacity
lead times, implementation phasing and transition arrangements to introduce a scheme with consideration to service and workforce issues, fiscal outlook, and state and territory transitions.

The Government will establish an Independent Panel of persons with relevant expertise to act in an advisory capacity to the Productivity Commission and the Government, and report to Government throughout the inquiry.

The Commission is to seek public submissions and to consult as necessary with the Independent Panel, State and Territory governments, government agencies, the disability sector and other relevant experts and stakeholders.

Nick Sherry Assistant Treasurer [Received 17 February 2010]

Gendering the National Disability Care and Support Scheme 27

End Notes

1 Commonwealth of Australia (2010) Australia’s Human Rights Framework. Attorney-General’s Department, Canberra.

2 Cited in: UN Development Fund for Women (UNIFEM), (2008) Progress of the World’s Women 2008/2009: Who Answers to Women? Gender & Accountability, Accessed 2 August 2009 at: http://www.unhcr.org/refworld/docid/4a09773a2.html

3 Australian Human Rights Commission (2010) Australia’s Implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Independent Report to the Committee on the Elimination of Discrimination Against Women. Accessed online July 2010 at: http://www2.ohchr.org/english/bodies/cedaw/cedaws46.htm

4 The Draft NDS was released in late July 2010 and is intended to guide government activity and future policy initiatives in creating a more socially inclusive Australia for people with disabilities More information about the NDS is available online at: http://www.fahcsia.gov.au/sa/disability/progserv/govtint/Pages/nds.aspx

5 The Productivity Commission is the Australian Government’s independent research and advisory body on a range of economic social and environmental issues affecting the welfare of Australians.

6 The Inquiry is being undertaken by the Productivity Commission. More information is available online at: http://www.pc.gov.au/projects/inquiry/disability-support

7 More information about the NDIS including background, is available online at: http://www.ndis.org.au/

8 Commonwealth of Australia (2009)The Way Forward: A New Disability Policy Framework For Australia. Report Of The Disability Investment Group. Accessed Online March 2010 At: Http://Www.Fahcsia.Gov.Au/Sa/Disability/Progserv/people/pages/disabilityinvestmentgroup.asP

9 Commonwealth of Australia (2009) Ibid.

10 See: Productivity commission (2010), disability care and support productivty commission Issues Paper Melbourne Victoria Available online at: http://www.pc.gov.au/project/inquiry/disability-support

11 Department for International Development (DFID)(2002): Gender Manual -A Practical Guide for development policy makers and practitioners Social Development Division; DFID London UK.

12 United Nations Educational Scientific And Cultural Organization(UNESCO)(2000).Gender Equality And Equity-A summary review of UNESCO’s accomplishments since the Fourth World Conference on Women(Beijing 1995).Unesco Paris France.

13 Arnade S & Haefner s.(2006) gendering the draft comprehensive and integral international convention On the protection and promotion of the rights and dignity of persons with disabilities Legal background paper published by disabled peoples’International(DPI Berlin)

14 Gray G.(2010 Draft)By women For women, The Australian woman’s health movement and public Policy. (forthcoming).

15 UN Committee on Economic, social and cultural Rights(CESCR General Comment No.16-The Equal Right Of Men and Women to the Enjoyment of All economic,social and cultural Rights(Article 3 of the Covenant), August 2005,E/C/12/2005/4 available at: http://www.unhcr.org/refworld/docid/4a09773a2.html [accessed 8th august 2009]

16 Women With Disabilities Australia(WWDA),(2007b)’Forgotten Sisters - A global Review of Violence Against Women With Disabilities’. WWDA Resource Manual on violence against women with disabilities Published By Wwda Tasmania,Australia.

17 Meekosha H(2004).Gender And Disability Entry for the Sage Encyclopaedia of disability Available online At:http://wwda.org.au/gendis2001.htm

18 wwda Op Cit.

19 Commonwealth of australia Time for Action:the National Council’s Plan for Australia To Reduce Violence Against Women and their Children,2009-2021.Department of Families,Housing Community Services and Indigenous Affairs(Fahcsia)Canberra.

20 Cited in Australian Human rights Commission (2010)*Australia’s Implementation Of The Convention On Elimination All Forms Discrimination Against Women(CEDAW).*Independent Report to Committee on elimination discrimination against women. Accessed Online July 2010 at: hhtp://www2.ohchr.org/english/bodies/cedaw/cedaws46.htm

21 See Preamble [q]of UN General Assembly convention on Rights Persons with Disabilties resolution adopted by general assembly January 2007,a/res/61/106.

22 meekoSHA h.(2004) op cit.

23 cited In australian human right commission (2010),opcit.

24 cited IN Austrailian HUMAN RIGHTS COMMISSION(2010),OPCIT.

25 see:Australain institute OF health & welfare(AIHW)(2009).Disability support services 2007–08.National data ON SERVICES provided under the Commonwealth state/Territory disability agreement.Disability series.cat no.DIS 56.Canberra:AIhw.

26 Arnade S.& Haefner s.(2006) Op Cit.

27 WWDA submission To The National Human rights Consultation.WWDA,Tasmania.Available online At:http://wwda.org.au/subs2006.html

28 Meekosha,H.(2004)OpCit.

29 wwda Submission to parliamentary inquiry into pay equity and associated issues related TO increasing female participation in workforce. Wwda, Tasmania Available Online at http://www.wwda.org.au/subs2006.htm

30 O’reilly,A.(2007)The Right To Decent Work Of Persons With Disabilities.International Labour Office(ILO),Geneva.

31 arnode,s& haefner,S (2006) op cit.

32 cited In Australian human Rights Commission(2010),opcit.

33 Cited IN Austrailian HUMAN RIGHTS COMMISSION(2010),OPCIT.

34 UN Development Fund for Women(unifem)(2008).Progress of the world’s women 2008/2009: who answers to women? Gender & accountability available at: hhtp://www.unhcr.org/refworld/docid/4a09773a2.html [accessed August 2nd 2009]

35 meekoSHA h.(2004) Op Cit.

References

Arnade, S. & Haefner, S. (2006) Op Cit.
Brady, S., Briton, J. & Grover, S. (2001) The Sterilisation of Girls and Young Women in Australia: Issues and Progress. A report commissioned by the Federal Sex Discrimination Commissioner and the Disability Discrimination Commissioner; Human Rights and Equal Opportunity Commission, Sydney, Australia. Available online at http://www.wwda.org.au/brady2.htm
WWDA (2009) Parenting Issues for Women with Disabilities in Australia: A Policy Paper. WWDA, Tasmania. Available online at: http://www.wwda.org.
Steele, L. (2008) Making sense of the Family Court’s decisions on the non- therapeutic sterilisation of girls with intellectual disability; Australian Journal of Family Law, Vol.22, No.1.
Meekosha, H. (2004) Op Cit.
Cited in: Australian Human Rights Commission (2010), Op Cit.
Committee of Ministers of the Council of Europe (2009) Declaration: Making gender equality a reality. 119th Session of the Committee of Ministers, Madrid, 12 May 2009.
WWDA (2009) Submission to the National Human Rights Consultation. WWDA, Tasmania. Available online at: http://www.wwda.org.au/subs2006.html
O’Reilly, A. (2003) ‘Employment Barriers for Women with Disabilities’ in The Right to Decent Work of Persons with Disabilities; IFP/Skills Working Paper No. 14, International Labour Organization (ILO).
WWDA (2009) Submission to the National Human Rights Consultation. WWDA, Tasmania. Available online at: http://www.wwda.org.au/subs2006.htm
Cited in: Australian Human Rights Commission (2010), Op Cit.
Australian Human Rights Commission (2010), Op Cit.
WWDA (2009) Submission to the National Human Rights Consultation. WWDA, Tasmania. Available online at: http://www.wwda.org.au/subs2006.htm
See for eg: Curry, M. et al (2001) Abuse of women with disabilities: an ecological model and review. Violence Against Women, Vol.7, No.1.
See for eg: Carlson, B. (1997) Mental retardation and domestic violence: an ecological approach to intervention. Social Work, Vol.42, No.1.
See for eg: Crawford, D. & Ostrove, J. (2003) Representations of Disability and the Interpersonal Relationships of Women with Disabilities. Women & Therapy, Vol. 26, No.3/4.
See for eg: Chang, J. et al (2003) Helping Women with Disabilities and Domestic Violenc:e Strategies, Limitations and Challenges of Domestic Violence Programs and Services. Journal of Women’s Health, Vol.12, No.7.
WWDA (2007b) Op Cit.

End Notes

See CEDAW, Article 2.
See Article 6 [Women With Disabilities] of UN General Assembly, Convention on the Rights of Persons with Disabilities: resolution/adopted by the General Assembly, 24 January 2007, A/RES/61/106, available at: http:// www.wwda.org.au/hrcore1.htm
United Nations Office of the High Commissioner for Human Rights (2007) From Exclusion to Equality: Realizing the rights of persons with disabilities. Handbook for Parliamentarians on the Convention on the Rights of Persons with Disabilities and its Optional Protocol. United Nations, Geneva.
The nine core human rights treaties are: International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); International Covenant on Civil and Political Rights (ICCPR); International Covenant on Economic, Social and Cultural Rights (ICESCR); Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); Convention on the Rights of the Child (CRC); International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW); International Convention for the Protection of All Persons from Enforced Disappearance (not yet in force); Convention on the Rights of Persons with Disabilities (CRPD). Australia is a party to seven of these reaties (the exceptions being ICRMW and International Convention for the Protection of All Persons from Enforced Disappearance).
See Preamble [q] of UN General Assembly, Convention on the Rights of Persons with Disabilities: resolution/adopted by the General Assembly, 24 January 2007, A/RES/61/106.
UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 3: The Nature of States Parties’ Obligations (Art. 2, Para. 1, of the Covenant), 14 December 1990, E/1991/23, available at: http://www.unhcr.org/refworld/docid/4538838e10.html [accessed 22 June 2010]
See para 18 of CESCR General Comment 16: The equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3 of the International Covenant on Economic, Social and Cultural Rights)
See para 19 of CESCR General Comment 16: The equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3 of the International Covenant on Economic, Social and Cultural Rights).
See para 21 of CESCR General Comment 16: The equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3 of the International Covenant on Economic, Social and Cultural Rights).
See para 4 of CEDAW General Recommendation 25: Article 4, paragraph 1, of the Convention (Temporary Special Measures).
See para 7 of CESCR General Comment 16: The equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3 of the International Covenant on Economic, Social and Cultural Rights).
See para 8 of CEDAW General Recommendation 25: Article 4, paragraph 1, of the Convention (Temporary Special Measures).
The United Nations Committee on the Elimination of Discrimination against Women (CEDAW) is an expert body established in 1982 and is composed of 23 experts on women’s issues from around the world. It’s role is to monitor performance of States parties in aligning national laws and practices with CEDAW provisions.
UN High Commissioner for Refugees (2009) Displacement, Statelessness and Questions of Gender Equality under the Convention on the Elimination of All Forms of Discrimination against Women, August 2009, PPLAS/2009/02, available at: http://www.unhcr.org/refworld/docid/4a8aa8bd2.html [accessed 18 June 2010].
See para 12 of CEDAW General Recommendation 25: Article 4, paragraph 1, of the Convention (Temporary Special Measures).
See para 38 of CEDAW General Recommendation 25: Article 4, paragraph 1, of the Convention (Temporary Special Measures).
UN Committee on the Elimination of Discrimination Against Women (CEDAW), CEDAW General Recommendations Nos. 16, 17 and 18, adopted at the Tenth Session, 1991 (contained in Document A/46/38), 1991, A/46/38, available at: http://www.unhcr.org/refworld/docid/453882a322. html [accessed 2 May 2008]
UN High Commissioner for Refugees (2009) Displacement, Statelessness and Questions of Gender Equality under the Convention on the Elimination of All Forms of Discrimination against Women, August 2009, PPLAS/2009/02, available at: http://www.unhcr.org/refworld/docid/4a8aa8bd2.html [accessed 18 June 2010].
Stubbs, D. & Tawake, S. (2009) Pacific sisters with disabilities: At the intersection of discrimination, Suva: UNDP Pacific Centre.

Page 31

United Nations (1998)

Integrating the gender perspective into the work of United Nations human rights treaty bodies. Report by the Secretary-General. HRI/MC/1998/6, United Nations, Geneva.

See paras 52 & 53 - - United Nations General Assembly (2000) Resolution adopted by the General Assembly: Further actions and initiatives to implement the Beijing Declaration and Platform for Action. Twenty-third special session, A/RES/S-23/3.

Biwako Millennium Framework for Action towards an Inclusive, Barrier-free and Rights based Society in Asia and the Pacific. E/ ESCAP/APDDP/4/Rev.1.

Biwako Plus Five: Further Efforts Towards an Inclusive, Barrier-Free and Rights-Based Society for Persons with Disabilities in Asia and the Pacific. as adopted by the High-level Intergovernmental Meeting on the Midpoint Review of the Asian and Pacific Decade of Disabled Persons, 2003–2012, on 21 September 2007. E/ESCAP/APDDP(2)/2.

hhttp://www.ilo.org/global/About_the_ILO/lang–en/index.htm

Commonwealth of Australia (2010) Promoting Gender Equality through the Millennium Development Goals.

Australian Agency for International Development (AusAID), Canberra.

####### McClelland, R. (2010) Sex Discrimination Amendment Bill 2010: Second Reading. House debates [House of Representatives] Thursday, 24 June 2010. Accessed online July 2010 at: hhttp://www.openaustralia.org/debates/?id=2010-06-24.15.1

######## KPMG (2010) Review of the Equal Opportunity for Women in the Workplace (EOWW) Act 1999 Consultation Report. Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA), Canberra.

######### Commonwealth of Australia (2010) Australia’s Human Rights Framework. Attorney-General’s Department, Canberra.

########## Ibid.

The six key policy areas identified in the NDS are:

Inclusive and accessible communities;
Rights protection, justice and legislation;
Economic security;
Personal and community support;
Learning and skills; and
Health and wellbeing.

Council of Australian Governments (COAG) is the peak intergovernmental forum in Australia. COAG comprises the Prime Minister, State Premiers, Territory Chief Ministers and the President of the Australian Local Government Association (ALGA). The role of COAG is to initiate, develop and monitor the implementation of policy reforms that are of national significance and which require cooperative action by Australian governments.

Council of Australian Governments (2010) 2010–2020 National Disability Strategy. Accessed online July 2010 at: www.alp.org.au/agenda/more--- policies/draft-national-disability-strategy/

The Sex Discrimination Commissioner leads the work of the Australian Human Rights Commission to address gender-based discrimination, sexual harassment and other barriers to gender equality in Australia. See: http://hreoc.gov.au/sex_discrimination/index.html

####### Broderick, E. (2008) Gender equality: What matters to Australian women and men. The Listening Tour Community Report Available online at: hhttp://www.hreoc.gov.au/sex_discrimination/listeningtour/index.html

######## Broderick, E. (2010) Gender Equality Blueprint 2010. Australian Human Rights Commission, Sydney.

######### The new National Women’s Health Policy (NWHP) is due to be released in late 2010. More information on the NWHP is available online at: hhttp://www.health.gov.au/womenshealthpolicy

########## Roxon, N. (2009) cited in Commonwealth of Australia (2009) Development of a new national women’s health policy: Consultation discussion paper. Australian Government Department of Health & Ageing. Canberra.

########### Commonwealth of Australia (2009) Development of a new national women’s health policy: Consultation discussion paper. Australian Government Department of Health & Ageing. Canberra.

############ Ibid.

########### Council of Australian Governments (COAG) (2009) COAG Communique. Council of Australian Governments’ Meeting, 7 December 2009. Accessed online March 2010 at: http://www.coag.gov.au/coag_meeting_outcomes/2009-12-07/index.cfm?CFID=575817&CFTOKEN=12861573

################ Commonwealth of Australia (2009) Time for Action: The National Council’s Plan for Australia to Reduce Violence against Women and their Children, 2009–2021. Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA), Canberra.

################# See: Office for Women: Whole of Government Influence, at: hhttp://fahcsia.gov.au/sa/women/overview/ofw/Pages/WogInfluence.aspx

################## International Labour Organization (ILO) (2006) Gender Equality and Decent Work: Selected ILO Conventions and Recommendations Promoting Gender Equality. Bureau for Gender Equality and International Labour Standards Department, ILO, Geneva.

www.wwda.org.au

SEVENTYFIVE DESIGN

Gendering the National Disability Care and Support Scheme

Women

Gendering the National Disability Care and Support Scheme

WWDA Submission to Stage One of the Productivity Commission

Contents

Background

The Scope of

Executive Summary

Gender & Disability

disabled men’s and that disabled women have been more

Gender & Disability

Key Concepts in

Gender Equality

Gender Analysis

Targeted Interventions For Gender Equality

Gender Equity

Gender Mainstreaming

The Context &

Gender Equality

International Commitments

Gender Equality

International Commitments

Key Strategies

Gender Equality

The Domestic Context

Page 23

The NDS aims to ensure that the principles underpinning the Convention on the Rights of Persons with Disabilities (CRPD)

Appendix 1

Terms of Reference

Productivity Commission Inquiry into Disability Care and Support

Background

Scope of the review

The Commission is to consider the following specific design issues of any proposed scheme:

Consider governance and administrative arrangements for any proposed scheme including:

Consider costs and financing of any proposed scheme, including:

Consider implementation issues of any proposed scheme, including:

End Notes

References

End Notes

Page 31

United Nations (1998)

United Nations Economic and Social Commission for Asia and the Pacific (ESCAP) (2002)

United Nations Economic and Social Commission for Asia and the Pacific (ESCAP) (2007)

Commonwealth of Australia (2010) Promoting Gender Equality through the Millennium Development Goals.

The six key policy areas identified in the NDS are:

Council of Australian Governments (2010) 2010–2020 National Disability Strategy. Accessed online July 2010 at: www.alp.org.au/agenda/more--- policies/draft-national-disability-strategy/

The Sex Discrimination Commissioner leads the work of the Australian Human Rights Commission to address gender-based discrimination, sexual harassment and other barriers to gender equality in Australia. See: http://hreoc.gov.au/sex_discrimination/index.html