The Australian Civil Society Delegation has expressed “concern and disappointment” about comments made by Disability Royal Commission chair, Ronald Sackville. The delegation is currently in New York attending the 15th Conference of States Parties (COSP) to the Convention on the Rights of Persons with Disabilities (CRPD).
An opening statement from Public Hearing 24 on inclusive education was released by the Commission. In this comment, Chair Sackville referred to advocacy for accepted international human rights principles, including supported decision making, independent living and inclusive education, as ‘binary thinking’. He added that binary approaches assume relatively simple answers to difficult questions.
This was concerning to the delegation because it implied that solutions which are not compliant with international human rights principles may be recommended.
Delegation co-lead First Peoples Disability Network CEO Damian Griffis said “Human Rights are inalienable and are not up for negotiation in any way, shape or form. What exactly does the chair mean by ‘binary approaches’ to inclusive education?”
Queensland Advocacy for Inclusion CEO Matilda Alexander said “Chair Sackville needs to acknowledge that human rights cannot be binary – there’s no dual system.”
People with Disability Australia CEO Seb Zagarella noted that hearing these comments from one of Australia’s highest placed judicial officers (retired) was “disappointing, especially as the delegation is representing the Australian disability community”.
Women with Disability Australia policy and programs acting director Frances Quan Farrant said, “as a signatory to the CRPD, Australia is obligated to fully implement Article 24 and the right to education for people with people on the same terms as all Australians, no exceptions”.
The delegation will make a further statement when it returns to Australia, including petitioning the CRPD Committee regarding the Disability Royal Commission and Article 24.