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NEDA Report: Refugees and Migrants with Disability and the United Nations Convention on the Rights of Persons with Disabilities In early 2008 NEDA sought legal advice on the consistency between the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) and key issues affecting refugees and migrants with disability. The advice was provided by human rights barrister Dr Ben Saul, Director, Sydney Centre for International Law. Broadly the findings of the advice are:a. That the current Australian migration health test is at odds with the equal protection obligation under Article 5 of UN CRPD, leading to unjustifiable indirect discrimination for some refugees and migrants with disability.
b. That the ten year waiting period for the Disability Support Pension under the Social Security Act 1991 (Cth) interferes with human rights under Articles 28, 25 and 15, relating to standard of living and social protection, health and inhuman or degrading treatment. The report can be accessed below:
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