Cases violating CRPD art 5(2) (1)

Note that committees can record actual or potential violations.

States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.

CRPD art 5(2)

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.

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