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frameworks
This page considers bullying 'before the dot', ie in offline
environments.
It covers -
It is complemented by a more detailed discussion of Australian
anti-discrimination
law.
There is a broader treatment in the Human Rights profile,
which also features a chronology of key accessibility
enactments and decisions. Highlights of online accessibility
litigation and campaigns are found in the final pages
of this guide.
global frameworks
Like many aspects of regulating the web, 'accessibility'
legislation is a matter for individual nations. In practice
there is no global agreement to ensure that the disabled
(and those on the wrong side of the 'digital divide')
can make effective use of your site.
Australia is a signatory to a number of international
human rights agreements, of which most pertinent are the
-
- International
Covenant on Civil & Political Rights (ICCPR)
-
International Covenant on Economic, Social & Cultural
Rights (ICESCR)
-
ILO Convention Concerning Discrimination in Respect
of Employment & Occupation (CDREO)
- Declaration
on the Rights of Disabled Persons (DRDP)
-
Convention on the Rights of Persons with Disabilities
(CRPD).
A
perspective on those agreements is provided by George
Williams' Human Rights Under The Australian Constitution
(Melbourne: Oxford Uni Press 1999), Discrimination
Law & Practice (Leichhardt: Federation Press
2004) by Chris Ronalds & Rachel Pepper and Theresia
Degener's 'Disabled Persons & Human Rights: The Legal
Framework' in Human Rights & Disabled Persons:
Essays & Relevant Human Rights Instruments (Dordrecht:
Nijhoff 1995). Degener notes that where disability is
addressed in the 'International Bill of Rights' (ie the
UNDHR, ICCPR and ICESCR) it is "only in connection
with social security and preventive health policy"
rather than as a "comprehensive human rights issue".
There is a more detailed examination in the August 2000
submission
by the Australian Human Rights & Equal Opportunity
Commission to the Federal Parliamentary Inquiry Into Australia's
Relations with the United Nations In The Post Cold War
Environment. It is complemented by the US government paper
Understanding the Role of an International Convention
on the Human Rights of People with Disabilities: An analysis
of the legal, social and practical implications for policy
makers and disability and human rights advocates
(PDF)
and the 2007 UN legislators Handbook on the Rights
of Persons with Disabilities (PDF),
which discusses the Convention on the Rights of Persons
with Disabilities.
The 1993 United Nations Standard Rules on the Equalisation
of Opportunities of Persons with Disabilities - a
broad statement of aspiration rather than legislation
- recommends that states
develop
strategies to make information services and documentation
accessible for different groups of persons with disabilities.
The
UN Convention on the Rights of Persons with Disabilities
(initially promoted as the Comprehensive & Integral
International Convention on the Protection & Promotion
of the Rights & Dignity of Person with Disability)
followed establishment of an Ad Hoc Committee on Disability
Rights Convention (discussed here)
in 2001. It has been criticised as understating concerns
about access to electronic commerce and online services,
given a traditional focus on the built environment and
mechanisms such as braille.
The Convention came into effect in May 2008. It embodies
eight principles -
- a
Respect for inherent dignity, individual autonomy including
the freedom to make one's own choices, and independence
of persons
- b
Non-discrimination
- c
Full and effective participation and inclusion in society
- d
Respect for difference and acceptance of persons with
disabilities as part of human diversity and humanity
- e
Equality of opportunity
- f
Accessibility
- g
Equality between men and women
- h
Respect for the evolving capacities of children with
disabilities and respect for the right of children with
disabilities to preserve their identities
Commonwealth statutes
The major Commonwealth anti-discrimination legislation
is -
- Racial
Discrimination Act 1975 - here
- Sex
Discrimination Act 1984 - here
- Affirmative
Action (Equal Opportunity for Women) Act 1986 -
here
- Human
Rights & Equal Opportunity Commission Act 1986
- here
- Equal
Employment Opportunity (Commonwealth Authorities) Act
1987 - here
- Disability
Discrimination Act 1992 - here
- Human
Rights (Sexual Conduct) Act 1994 - here
- Racial
Hatred Act 1995 - here
- Age
Discrimination Act 2004 - here
ACT
In the Australian Capital Territory the salient statutes
are -
- Discrimination
Act 1991 (DA)
- Legislation
(Gay, Lesbian and Transgender) Amendment Act 2003
- Sexuality
Discrimination Legislation Amendment Act 2004
- Human
Rights Act 2004 (HRA)
New South Wales
In NSW the main enactments are -
Anti-Discrimination
Act 1977 (ADA)
Anti Discrimination (Homosexual Vilification) Act
1993
Disability Services Act 1993 (DSA)
Northern Territory
In the NT -
Anti-Discrimination
Act 1994 (ADA)
Queensland
In Queensland note -
Anti-Discrimination
Amendment Act 2001
South Australia
In South Australia -
SA
Equal Opportunity Act 1984 (SAEO)
Racial Vilification Act 1996
Tasmania
In
Tasmania successive governments have concentrated on physical
disability; in practice the state's record on gender and
sexual preference continues to be poor -
Disability
Services Act 1992 (DSA)
Sex
Discrimination Act 1994 (SDA)
Anti-Discrimination Act 1998 - here
Victoria
In Victoria -
Equal
Opportunity Act 1995 (EOA)
Racial and Religious Tolerance Act 2001 (RRTA)
Western Australia
In Western Australia the main statutes are -
- Equal
Opportunity Act 1984 (WA) - here
Watchdogs
The primary anti-discrimination watchdogs are -
- Australian
Human Rights & Equal Opportunity Commission (HREOC)
- Anti-Discrimination
Board of New South Wales (ADB)
- Northern
Territory Anti-Discrimination Commission (ADC)
- Anti-Discrimination
Commission of Queensland (ADC)
- South
Australia Equal Opportunity Commission (EOC)
- Equal
Opportunity Commission of Victoria (EOC)
- Western
Australian Equal Opportunity Commission (EOC)
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