New research by Amnesty International shows almost three-quarters of Australians support stronger laws protecting their rights...as well as for those unable to speak up for themselves.
Across the nation, more than 1200 people with cognitive and mental impairment live in indefinite detention, despite never having been convicted of a crime.
When declared unfit to stand trial, experts say that many end up stuck under court orders with no right to appeal.
Dr Piers Gooding is a senior research fellow at Melbourne Law School.
This so-called special defence means they aren't able to access the same rights as others and other accused persons and they can end up being detained far in excess of what they would have received in a typical trial, this is a clear human rights issue. It's been flagged as a human rights issue by the UN committee on the rights of persons with disabilities, now it's found that several individuals in Australia have had their rights to access justice, to equality before the law and even to freedom from cruel, inhumane and degrading treatment violated.
