Cases violating CRPD art 4(1) (3)

Note that committees can record actual or potential violations.

general obligations under the CRPD

CRPD art 4(1)

Given v Australia (CRPD, 2018)

Remedy's assessment: Unremedied

A voter with cerebral palsy was denied assistive technology that was available to blind voters in order to cast an independent, secret vote. Obliged instead to vote with the aid of another person, she was denied her choice of assistant. Ms Given was denied her right to a secret ballot and the right to fully participate in political and public life on an equal basis with others.

Read more on Given v Australia.

Henley v Australia (CRPD, 2022)

Remedy's assessment: Partially remedied

Lauren Henley, who is blind, alleged Australia’s failure to make audio description available on free-to-air television violated her rights to access to information, communications and other services, including electronic services (art 9(1b)); and to access television (art 30(1b)), in conjunction with art 4(1) (non-discrimination) and art 4(2) (the right to have economic, social and cultural rights realised progressively and with maximum available resources). The Committee on the Right of Persons with Disabilities agreed and recommended individual remedies and non-repetition measures.

Read more on Henley v Australia.

Sherlock v Australia (CRPD, 2021)

Remedy's assessment: Partially remedied

Gráinne Sherlock, an Irish national who has multiple sclerosis, applied to enter Australia on a temporary skilled work visa which was refused due to the presumed cost of her healthcare, even though she undertook to fund any costs herself not covered by her insurance. The Committee found that Australia had violated articles 4(1)(a)-(e), 5(1)-(2) and 18(1) of the CRPD, namely her rights to non-discrimination, to equality before the law and to freedom of movement.

Read more on Sherlock v Australia.