Cases violating CRPD art 18(1) (1)
Note that committees can record actual or potential violations.
Liberty of movement:
States Parties shall recognize the rights of persons with disabilities to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that persons with disabilities:
a) Have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability;
b) Are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement;
c) Are free to leave any country, including their own;
d) Are not deprived, arbitrarily or on the basis of disability, of the right to enter their own country.
Sherlock v Australia (CRPD, 2021)
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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