Drug amendments to Disability Discrimination Act breach human rights standards

“The Australian Government is again threatening to breach its obligations under international human rights treaties”, says Simon Rice, President of Australian Lawyers for Human Rights.

Amendments to the Disability Discrimination Act, tabled by the Federal Government, make discrimination acceptable against a particular group of people. The amendments were tabled on International Disability Awareness Day.

“The amendments allow discrimination against a person because of their drug addiction in any area of their life " said Simon Rice.

“To distinguish between types of addiction and causes of disability is artificial and dangerous. Why protect an alcoholic and punish a person addicted to a prohibited substance? Both need help to limit the terrible impact of their addiction on their lives, not to forced into even more marginalised lifestyles."

“These amendments punish people with an addiction. They will allow them to be evicted, sacked and harassed with impunity."

The amendments meet no real or pressing problem. The only reported discrimination cases deal with addiction to methadone, and the amendments continue to protect against discrimination on the basis of methadone treatment.

Addiction to a drug is likely to be a disability under anti-discrimination laws, including alcohol and nicotine as well as illegal substances. The amendments specify that addiction to one of more than 230 currently listed prohibited drugs will be excluded from disability discrimination laws. The amendments are also likely to encourage breaches of privacy in terms of employers seeking information about drug use which are not relevant to the actual employment situation.

"If person with an addiction to heroin can stop using but continue to be addicted. If they are sacked, evicted or refused services there is a very real risk that they will return to heroin use and have to find illicit ways to sustain their addiction. This is not a positive outcome for them , or the community.

“And, as the Government consistently does, it breaches Australia’s obligations to comply with internationally recognised standards.”

Contact:
Simon Rice: 0408 088 024
Robin Banks on 0409 372 613

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This page last updated 4th May 2004