Aust could be up before UN for discrimination

[newtodsp]

TIM PALMER: Australia's poor treatment of people with disabilities could well end up in front of the United Nations, according to one of the country's most well respected disability advocates.

That comment comes after the Federal Court yesterday ruled that the bus company Murrays had discriminated against a woman in a wheelchair - failing to comply with compulsory national standards.

Martin Cuddihy reports.

MARTIN CUDDIHY: It's been a three year legal battle but eventually Julia Haraksin's claim prevailed.

In 2009 she tried to catch a bus to Canberra.

JULIA HARAKSIN: When I rang the bus company they just basically said no, we don't have any buses that can assist you that have wheelchair access.

MARTIN CUDDIHY: That's despite compulsory disability standards being introduced in 2002.

MARTIN CUDDIHY: Maurice Corcoran was set for a career as a fitter and turner before a car accident when he was 18. He's now a quadriplegic and one of Australia's most well respected disability advocates.

MAURICE CORCORAN: In today's environment where we have a national disability strategy, we have a range of standards established to ensure that people are not discriminated against, it should not rely on individuals with a disability to make sure organisations and companies such as Murrays comply with regulations, comply with Australian law.

MARTIN CUDDIHY: He says if people with disabilities continue to bring cases like this one to court, Australia is making itself vulnerable to international condemnation.

MAURICE CORCORAN: It leaves it very open to someone, like Julia or myself or others, to take a complaint to the United Nations committee overseeing the implementation of the United Nations Convention on the Rights of People with Disabilities.

MARTIN CUDDIHY: So you think that there would be a valid claim to take this to the UN?

MAURICE CORCORAN: I do. Australia has signed, is a signatory to the UN Convention on the Rights of People with Disabilities. They've also signed the optional protocol which allows individuals to take complaints of discrimination to the United Nations.

www.abc.net.au/am/content/2013/s3716165.htm

This Maurice Corcoran might be someone worth talking to, for whoever is thinking of taking their case to the UN....

[Banjo]

We currently have a member with a HRC case up and running on portability grounds.
It's Rowdy if you want to get in touch with him....

and good luck with that.

[latindancer]

I was discriminated against because I was married. Centrelink said I would no longer be paid whilst O/S, despite my being paid overseas whilst single. I had only been married 2 months, and clearly stated I only wanted to be there long enough for my wife's permanent visa to be processed.
Do I have a case ?

[Banjo]

None at all in Australia I would say, and you have to go through the national committee before you can take it to the UN.
It took rowdy a while just to get them to accept his complaint here.
The government pretty well has them on a lead.

[hypoman]

on you rowdy, gutsy effort mate. we all look up to you and hope will follow in your footsteps...

[aussieinusa]

Yes, good on you rowdy!

The Australian Human Rights Commission seems to be very limited in what it's allowed to do, re actually standing up for people with disabilities. They can challenge a discretionary ruling made by a department, but if the rules themselves are in breach of UN Conventions, they have no authority to act. So as long as the rules allow no discretion for individual officers to vary their decision, there's no way to challenge a government rule within Australia. I wish I were joking.

I do hope we're able to get it to the UN, and that they'll actually do something. People with disabilities should have actual rights, which government's shouldn't be able to trample at will like they currently do.

But after speaking to a lawyer friend, apparently the real crux of the problem, legally speaking, is that NOBODY in Australia has ANY protected human rights. In the absence of a formal Bill of Rights, politicians can and do pick on whoever they can get away with going after. So as far as the lawyers are concerned, the only hope we have to stop things like this happening long-term is to get a Bill of Rights in place here. Then it would be possible for anyone whose human rights have been infringed upon to take the government to court, have the rules challenged, and possibly be compensated as well.

Of course, politicians aren't exactly keen on the idea, since it would restrict their own power so much... and guess who would have to create and pass the damn thing for us to get a Bill of Rights? (Although I expect it would also go to a referendum, like the idea of becoming a republic did.)

So our chances of seeing any real reform re the Australian government's systematic human rights abuses against anyone who's vulnerable and unable to fight back (from anyone on CL, to 'boat people', to indigenous Aussies) are probably pretty low... Bugger.