Discrimination of Girls with Disabilities in the Education System in Australia

23 minutes ago

5 min read

By Christina Cushen

Imagine you are a parent of a young girl with a disability and your only wish is for your daughter to have the same education as any girl of the same age. However, just because your daughter has a disability, she is treated by the education system differently. This is the reality of thousands of parents around Australia. The question needs to be asked: can we justify educational exclusion on the basis of disability? How does this discrimination prepare these girls for adulthood when they are treated differently by those who are supposed to be role models and prepare them for life?

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability ran from April 2019 - September 2023, providing a forum for many victims and parents to speak about their experiences. One mother stated: “If there is any place that should accept [Rina], it was an educational setting…and it made us feel like, if they don’t accept her, how is the rest of society going to accept her?”

The Royal Commission looked into this issue and heard many harrowing stories from parents. Parents have described stories of their daughters being targeted and bullied by teachers and other students. One mother of a daughter with an intellectual disability told the Royal Commission of her experience where she tried to enrol her daughter into a mainstream school where the principal refused to meet with her and her enrolment was forwarded onto another school. However, the exclusion did not stop there; the mother went on to say that “[o]ne particular teacher … made a comment that [Rina] is a difficult child and that she was not willing to lower her expectations to accommodate [Rina’s] needs, which was really hard to hear."

Unfortunately, many parents enrol their daughters into mainstream schools with the full support of the principal however, the their promises often wash away, and the child is left in the hope that they will miraculously reach the same level as other students without specialist support. One parent explained how her daughter needed a stool to use the toilet, which the principal originally agreed to arrange. Things soon changed when providing their own stool was not allowed and it was instead suggested that her daughter wear pull-ups. The mother expressed her dismay by stating that “[i]t’s not that she doesn’t want to, but she can’t. She can’t sit on the toilet without support for her legs…It got to the point where one of our therapists…said she can’t help…because she would get complaints against her from the teacher for touching.”

A step-mother explained her experience in a mainstream school with a daughter who has Down syndrome. Her daughter was kept away from her mainstream class and confined to another area of the school where, academic-wise, she had the same work from Year 1 to Year 6. Her step-mother recalled: “Nobody helped her change her clothes if she wet herself, and she would arrive at after-school care in wet clothes. Mina continues to be incontinent from being in wet clothes all day.” If this is how schools treat vulnerable students, then what hope do they have in the future? It does not just affect their academic learning but their self-esteem and their confidence.

A school environment should be a safe place for students. Yet, for many girls with disabilities, it can be a scary and dangerous environment that can actually exacerbate the effects of them. For instance, one parent enrolled their daughter with a rare genetic syndrome, global developmental delay, who also uses a feeding tube, into a state government preschool. The school reassured the mother that there would be an education aid with her, but what ended up happening was the ambulance was called as a dinosaur was swallowed. This is not the only story. Another girl with autism told the Royal Commission of her experience at school where she was targeted by the deputy principal who “tried to watch to see if anything [she] did at school was something that she could call [her] parents on and suspend [her] for. They pretty much would message [her] mum and be like, “[Giavanna’s] not suited at this school. She won't get anywhere.”" Australia has signed and ratified the Convention on the Rights of Persons with Disabilities; therefore, under international law, we are obliged to comply with its requirements but, Australia continues to breach this Convention.

Article 5 of the Convention states that “States Parties recognise that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.” Furthermore, under Article 7 of the Convention, States Parties are obliged to “take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.” Given these provisions, it is essential that schools take into account the best interests of children with disabilities, rather than discriminating against girls through their own educational and operational policies.

One of the biggest arguments cited by schools regarding exclusion is their lack of resources to deal with certain disabilities. Under Article 24 (4) of the Convention, “States Parties shall take appropriate measures to employ teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train professionals and staff who work at all levels of education. Such training shall incorporate disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities.” If the Convention is so clear on these rights, then why do schools pick and choose which girls they accept into their school community based on the needs of their disability?

The Convention does not provide an avenue for the argument of hardship, or lack of acceptance, based on the needs of people living with a disability. Explicitly stated under Article 24 (2) (b) and (d), children are entitled to “inclusive, quality and free primary and secondary education on an equal basis with others in the communities in which they live … within the general education system, to facilitate their effective education.” However, the Disability Discrimination Act allows this under Section 11, which relates to unjustified hardship. This provision of the Disability Discrimination Act arguably fundamentally breaches the Convention, especially in relation to Article 24.

The Australian education system must do better in supporting this vulnerable demographic in their journey to adulthood. How are such young girls expected to access this form of education when some are not even let through the front door? No disability should become a barrier, especially when some of the most impressive people in history have lived with one. People with disabilities contribute to society in incredible ways, but it is in our formative years, through education, when we need help in speaking up.

Christina Cushen has a particular interest in advocating for vulnerable individuals with disabilities and those who are disadvantaged. Her passion for social justice stems from her own life journey as a neurodiverse woman who understands the challenges that society places on people with disabilities. Through her advocacy, Christina aims to challenge societal stigma while promoting the rights of people with disabilities and other marginalised groups.

Christina also brings a breadth of practical experience. She has worked as a hotel receptionist, volunteered at multiple Community Legal Centres, assisted a barrister as a paralegal, and most recently completed a summer clerkship with the Department of Veterans’ Affairs. These experiences have allowed her to engage with a variety of legal matters, broaden her exposure to different areas of law, and further strengthen her passion for advancing social justice within the legal sector.