The Australian government is a signatory to the Convention on the Rights of Persons with Disabilities and is obligated to ensure that people with disabilities are not deprived of their liberty. In October 2022, a delegation from the United Nations Subcommittee on the Prevention of Torture (UN SPT) canceled a visit to Australia due to a lack of cooperation from authorities detaining people with disabilities.
Prolonged detention contributes to and exacerbates mental health problems: many people in detention have previous traumatic histories, and inadequate care makes the situation worse.
“They lack basic services, are at high risk of verbal, physical and sexual violence, and lack cultural safety,” McGee said. “People who are deemed incompetent to stand trial due to cognitive impairment can be detained indefinitely.”
Institutional reform is needed
Dr Higgins says it is vital that a national report is produced to value and recognise the lived experiences of disabled people who have experienced detention and to bring about change.
“What makes this report unique is that so little has been done to ensure that those directly affected are heard,” Dr Higgins said. “Listening to them and including them in the decision-making process is crucial to finding effective solutions.”
The report details several recommendations to the government to protect people with disabilities in custody, including the abolition of indefinite detention and the establishment of a well-funded independent agency to advocate for forensic patients and their families.
“The message was repeated that there needs to be greater oversight, monitoring and accountability for detention centres,” Dr Higgins said. “We have a positive obligation to prevent people with disabilities from being subjected to abuse that extends into detention centres.”
Legislative reforms were also recommended to address deficiencies in the legal system, such as guaranteeing access to Medicare while in custody and enacting requirements for adequate medical care and disability evaluations for all people detained.
“This is a cry for the care and affection that has been sorely lacking in the system to date,” Dr Higgins said. “We hope this report will spur meaningful action and promote a greater understanding of what is happening and what needs to change.”