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Issue #2: May 2004

 

DISABILITY DISCRIMINATION AMENDMENT BILL 2003

Submission for the Disability Discrimination Amendment Bill 2003

In February 2004 a submission was prepared addressing the Disability Discrimination Amendment Bill 2003 (Cth). This Bill proposes that drug addicts do not suffer from a disability and thus will not be protected from discrimination under the Act. There is a provision, however, that protection will be afforded to those who seek out treatment for their drug addiction. The Bill is part of the Government’s "Tough on Drugs" stance, but it is argued that encouraging discrimination is not the solution.

The National Children’s and Youth Law Centre opposes the amendments due to the injurious impact it will have on drug addicts, especially youths, and their families.

Drug addiction is a brain disorder that can severely debilitate a person both physically and mentally. Excluding it from the Act as a disability will not only allow for, but actively encourage, discriminatory behaviour based on stereotyping and prejudice towards drug addicts. This can potentially see drug addicts being evicted from their homes, their employment terminated, expulsion from school or higher education institutions, and many other adverse consequences. The Bill grossly breaches human rights and is, in effect, a punishment towards an already marginalised group that is suffering from serious health issues.

Child drug users will suffer the most from these amendments due to their vulnerable position as part of a target group, and as individuals who have limited control over their home lives and what they are exposed to. Treatment may not be available for child drug users and even where it is, their loss of cognitive ability as a result of the debilitating drugs, can prevent them from seeking it effectively. Discrimination can only exacerbate their problems, especially if it becomes accepted as a way of dealing with drug addicts. In addition, although the Bill proposes to only affect those who have a drug addiction, the children and families of those with a drug addiction will undoubtedly suffer if their parent or parents are unable to maintain employment or accommodation.

The Centre proposes that the only way to address drug addiction is to acknowledge that it is a health issue that needs community support to counter. This can be in the form of more rehabilitation centres, ready access to treatment, funding for education and early intervention, and research initiatives into the causation of drug dependency.

Iris Thompson