Australia’s Signing and Ratification of the CRPD
On 30 March 2007, Australia signed the CRPD as one of the original signatories on the day it was open for signature.
On 17 July 2008, Australia ratified the CRPD in New York and it entered into force for Australia on 16 August 2008. Australia's was the 30th country in the world, and one of the first Western countries, to ratify the CRPD. The Joint Standing Committee on Treaties took the unusual step of tabling its recommendation prior to the final report on the inquiry into ratification of the treaty to allow ratification to proceed as quickly as possible, in order to ensure Australia's participation in the Committee on the Rights of Persons with Disabilities.
The declarations Australia made on ratification of the CRPD involved Australia recognizing that persons with disability enjoy legal capacity on an equal basis with others in all aspects of life and that Australia understands that the CRPD allows for fully supported or substituted decision-making arrangements, only where such arrangements are necessary, as a last resort and subject to safeguards.
Further, the declarations included Australia's recognition that every person with disability has a right to respect for his or her physical and mental integrity on an equal basis with others, and that the CRPD allows for compulsory assistance or treatment of persons, including measures taken for the treatment of mental disability, where such treatment is necessary, as a last resort and subject to safeguards.
The declarations also involved recognizing the rights of persons with disability to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, and that the CRPD does not create a right for a person to enter or remain in a country of which he or she is not a national, nor impacts on Australia’s health requirements for non-nationals seeking to enter or remain in Australia, where these requirements are based on legitimate, objective and reasonable criteria.
There is disagreement within the disability community, however, with respect to the declarations Australia made on ratification.
Further, there is a diversion of opinion within the disability community regarding the appropriateness of these interpretive provisions.