Getting it right for Tasmanians with disabilities

Watering down anti-discrimination laws is a bad move, says Deborah Byrne

“VIRTUALLY every Australian with a disability encounters human rights violations at some point in their lives and very many experience it every day of their lives.”

This is a quote from SHUT OUT: The Experience of People with Disabilities and their Families in Australia.

Disability is defined as “an impairment that may be cognitive, developmental, intellectual, mental, physical, sensory, or some combination of these. It substantially affects a person’s life activities and may be present from birth or occur during a person’s lifetime”.

Disabilities range from the highly visible to the highly invisible and, more importantly, anyone could find themselves living with disability at some point in their lives.

Although Australia is considered “the lucky country”, many Australians living with disability are at risk of being treated unfairly, or are not afforded the basic rights others currently take for granted. Negative public attitudes about disability prevail, and society’s awareness of the need to make communities accessible to all people is still somewhat limited.

There has been considerable media coverage recently about the National Disability Insurance Scheme — the good, the bad, and the ongoing viability of the scheme. Whilst the NDIS can make a meaningful difference in people’s lives, fundamental changes that improve the lives of people with disability won’t be realised unless attitudinal change is tackled at the same time. A barrier to real attitudinal change towards a more welcoming and inclusive community is the proposal before the Legislative Council to water down Sections 17 and 19 of the Anti-Discrimination Act. The State Government is seeking to weaken these sections to allow offensive or hateful language if it is for a “religious purpose,” and Upper House member Tania Rattray is seeking to amend Section 17 to remove the words “offend” and “insult”.

Section 17 prohibits conduct that offends, humiliates, intimidates, insults or ridicules another person because they have particular personal characteristics, including disability.

It provides an invaluable protection for those living with disability, who face multiple barriers to meaningful participation in the community, and currently report daily instances of being marginalised, bullied, ignored and excluded.

Section 19 prohibits incitement to hatred, serious contempt or severe ridicule of people with particular charac-

Too often people with disability experience behaviour that offends, humiliates, intimidates, insults or ridicules.

teristics, including disability.

In 2015-2016 over half of the complaints made under Section 17 were from people with disabilities. In the same period, the largest group of complaints under Section 19 were also from people with disabilities.

Too often people with disability experience behaviour that offends, humiliates, intimidates, insults or ridicules. This behaviour can further compound social isolation, and has a detrimental impact on people’s physical and mental wellbeing. If Section 17 is weakened it may send the message that denigration of people living with disability is acceptable. It also has the potential to undermine the efforts of people and/or organisations working towards a more respectful and inclusive community for Tasmanians with disability, where their rights and dignity are understood and respected.

Lobbying by Tasmanian Disability Advocacy Coalition members saw debate on the proposed amendments adjourned. We would be happy to see them voted down altogether, however, if this doesn’t happen there should be a fully-fledged independent inquiry involving consultation with people with disabilities and other affected groups. Vulnerable Tasmanians, and the organisations that support them and/or advocate on their behalf, deserve to have their voices heard. Deborah Byrne is the executive officer of the Tasmanian Disability Advocacy Coalition.