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Review of the Disability Discrimination Act 1992

Legal Advice - Review of the Disability Discrimination Act 1992: ‘vilification'

The Productivity Commission sought legal advice from the Australian Government Solicitor on various matters relating to the Disability Discrimination Act 1992 (DDA), and the Human Rights and Equal Opportunity Commission Act 1986 as part of its inquiry into the DDA. The Commission received the advice, Review of the Disability Discrimination Act 1992: ‘vilification', which addressed making vilification of people with disabilities unlawful under the DDA.

The advice was released on 14 July 2004 with the inquiry report and the advice Review of the Disability Discrimination Act 1992.

 

CONTENTS

Background Questions and Short Answers Reasons
‘Harassment' and ‘vilification'
        Meaning of ‘vilification'
        State provisions on vilification and disability
        Meaning of ‘harassment'
        Harassment and vilification compared Constitutional Power
Section 12 of the DDA
External affairs power
        Power in relation to matters physically external to Australia
        Treaty implementation
        International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights
        Scope of Article 17
        Articles 19 and 26 ICCPR
        Convention on the Rights of the Child
        Other international agreements
        Proposed convention
International concern
Relevant constitutional limitations

Printed copies

This report is available only on the website.

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