Jump: content sidebar footer

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

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

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.

Have your say

We value your comments about this publication and encourage you to complete and submit the publications feedback form.