Papers, Articles, Reports & Submissions 2011 – 2015
Office of the Public Advocate (Vic): ‘Whatever happened to the village? The removal of children from parents with a disability‘ Report 1: Family law – the hidden issues (December 2013) [PDF]
Little is known about the circumstances under which children are removed from the care of parents with a disability through the family law system. It is largely hidden from public and government scrutiny because it is viewed as a private, civil matter within a family. In addition, many children of parents with disabilities are raised by wider family members under informal arrangements. Little, if anything, is known about these arrangements and whether they are freely entered into by the parent with a disability. This report focuses on those interventions that result in the removal of a child from the home of their parent or parents against their will under the family law system. The report draws on the experience of the Public Advocate and other disability advocacy organizations in recent years. This Report was published by the Victorian Office of the Public Advocate in December 2013.
Women With Disabilities Australia (WWDA) and Women Enabled: ‘The Sexual and Reproductive Rights of Women and Girls with Disabilities’ – By Carolyn Frohmader and Stephanie Ortoleva (July 2013) [PDF] [Word]
This Paper was written by WWDA’s Executive Director (Carolyn Frohmader) and the President of Women Enabled (Stephanie Ortoleva) for the ICPD Beyond 2014 International Conference on Human Rights held at the Hague, Netherlands from 7 – 10 July 2013. The Conference was part of the United Nations (UN) mandated review of the 1994 International Conference on Population and Development (ICPD) Programme of Action. The Conference was hosted by the Government of The Netherlands, the UN Population Fund (UNFPA) and the Office of the High Commissioner for Human Rights (OHCHR). It focused on the nexus between human rights, equality, accountability and population and development, with a focus on gender, discrimination, empowerment and sexual and reproduction health and rights. Carolyn Frohmader participated on the International Reference Committee for the Conference, providing technical advice, assisting with the development of the Conference Program, and advocating strongly for women with disabilities to be included on the invitation only participant list, and to be included in all Conference deliberations and outcome documents. This Paper ‘The Sexual and Reproductive Rights of Women and Girls with Disabilities’, was commissioned by the Conference organisers to inform this work. Copyright July 2013.
Women With Disabilities Australia: ‘Dehumanised: The Forced Sterilisation of Women and Girls with Disabilities in Australia’ – WWDA Submission to the Senate Inquiry into the Involuntary or Coerced Sterilisation of People with Disabilities in Australia (March 2013)
The Senate Inquiry into Involuntary or Coerced Sterilisation of People with Disabilities in Australia commenced in late 2012 and Submissions to the Inquiry closed in early March 2013. The Senate will report on the Inquiry by June 2013. WWDA’s Submission to the Inquiry establishes beyond doubt, that forced and coerced sterilisation of women and girls with disabilities is an internationally recognised form of torture – an inhuman practice which violates multiple human rights, and clearly breaches every international human rights treaty to which Australia is a party. WWDA’s Submission addresses the issue of forced and coerced sterilisation in detail. It examines the background to, and the status of the issue in Australia today, and examines the rationale used to justify the forced sterilisation of disabled women and girls, including themes such as eugenics/genetics; for the good of the State, community or family; incapacity for parenthood; incapacity to develop and evolve; prevention of sexual abuse; and discourses around “best interest”. WWDA’s Submission analyses Australian Court and Tribunal applications and authorisations for sterilisation of disabled women and girls, and demonstrates that the Australian Government’s current justification of the “best interest approach” in the sterilisation of disabled women and girls, has in effect, been used to perpetuate discriminatory attitudes against women and girls with disabilities, and has only served to facilitate the practice of forced sterilisation. The impact of forced sterilisation on women and girls with disabilities is also highlighted in WWDA’s Submission, and reaffirms, through the voices of those affected, that forced and coerced sterilisation has long-lasting physical, psychological and social effects. WWDA’s Submission looks in detail at forced and coerced sterilisation as a violation of human rights and provides an analysis of how the practice contravenes every international human rights treaty to which Australia is a party. Several recent and current legal cases are used to highlight that the issue of forced and coerced sterilisation of women and girls is increasingly being recognised in Courts around the world, as a violation of women’s fundamental human rights. Importantly, WWDA’s Submission also examines redress and transitional justice for women and girls with disabilities who have been sterilised in the absence of their fully informed and free consent. WWDA’s Submission includes 18 Key Recommendations, covering areas such as legislative reforms; transitional justice and redress, (including financial reparation, rehabilitation and recovery); research; informed consent; parenting; violence prevention; supportive decision-making; mechanisms to enable participation of women and girls with disabilities in decision-making; and more. ISBN: 978-0-9876035-0-0. Copyright WWDA March 2013.
This Paper uses a human rights framework to document the range of data, research and information needed in order to give a comprehensive assessment of the situation of women with disabilities in Australia. The paper provides the context for this work by giving an overview of the intersection of gender and disability, as well as a brief background to the human rights imperative. Using key articles from the Convention on the Rights of Persons with Disabilities (CRPD), the paper then prescribes the key quantitative and qualitative data and research required under each article, and links this to Australia’s international human rights obligations and domestic policy context. Copyright WWDA July 2011.