Consent is a human right: An article in collaboration with People With Disability Australia

This article was written in collaboration with People With Disability Australia.

PWDA is Australia's national peak disability rights and advocacy organisation by and for people with disability

Consent means autonomy. It means dignity. It means respect. 

It’s also a human right, recognised in the United Nations Convention on the Rights of Persons with Disabilities. 

That means every person with disability has the right to make decisions about their own body, relationships, and life. It also means they have the right to be supported to make those choices without pressure, fear or judgment. 

But for many people with disability – including Autism, ADHD, intellectual disability, or other cognitive or sensory differences – the right to give, withhold, or withdraw consent is too often denied or misunderstood. 

The problem of power 

 Consent can’t be given freely if there’s an unequal power dynamic. A power dynamic is about how much influence and control someone holds over someone else. Sometimes this dynamic is easy to know and other times it isn’t. This can get more difficult to navigate when someone requires support from a family member, carer, therapist, or support service – as many people with disability do.   

Power imbalances can make it hard or even unsafe for someone to say no. You should never feel like you have to say yes just to keep someone happy, or because you’re scared of losing support. It’s not your fault if saying no is not possible. 

If saying no doesn’t feel like an option, that situation is not safe or respectful. That’s not real choice. 

‍“Consent is not meaningful when there is coercion, pressure, or an implied threat of losing support. We often hear from people who feel like they can’t say no to a carer or therapist, even if they’re uncomfortable. That’s not consent – that’s control.”  — PWDA President Trinity Ford   

Beyond "yes" and "no:" The complexity of communication 

‍“A rights-based approach means recognising that someone doesn’t need to express consent in a ’socially expected way’ for it to be valid. It’s the job of those with access to the power and privilege to create environments where people feel safe to say yes or no – and where those answers are respected, regardless of how they are expressed.”  — Megan Spindler-Smith, PWDA Deputy CEO 

There’s more than one way to communicate consent. 

Most people expect it to be spoken out loud – but that’s not how everyone communicates. 

Some people use body language, facial expressions, or gestures. Some people also use alternative tools like AAC (Augmentative and Alternative Communication), such as using a tablet screen, images, or a computer-generated voice. Others might communicate with the support of a trusted person. 

For example, to support communication some people may require:

• Clearly stated verbal directions and communication.
• Pauses for information processing before proceeding with what’s going on.
• A communication device to say “yes”, “stop” or “no”.   

Auslan, for example, often involves touch to get someone’s attention, or prolonged staring/eye contact to watch what the other person is signing or communicating via body language. This is a norm, and not always necessarily a sign of breaching of consent.  

So, it’s important to understand the context, and to check in with the other person.  

Asking first about the preferred — or most comfortable — way to communicate is always the best approach.  

Bodily autonomy is non-negotiable 

‍“Every person, regardless of disability, has the right to decide what happens to their body. That includes the right to say no to a hug, to reject a treatment, or to set boundaries in relationships. These aren’t preferences – they’re human rights.” —  PWDA President Trinity Ford      

Many people with disability are told – in words or through actions – that their body and mind doesn’t fully belong to them.   

Whether it is at school, with doctors, with family and carers, getting support services, or even from governmental policies, people with disability often have other people making choices and decisions about their bodies.   

This can look like being expected to accept physical assistance like moving a wheelchair without being asked whether it's okay, being told they must work with a certain support service without checking if they feel like they’re a right fit; or even, being told to follow through with certain therapies or medical treatments when it feels uncomfortable or wrong to them.  

Over time, the constant management of your physical body by other people – with no checking in or space for autonomy – can make it feel hard for people with disability to be able to trust their own boundaries. It can make one feel like they are not in control of any decisions to do with their own body.   

This is why it is important that consent and bodily autonomy is taught in different ways that makes sense for all young people with disability – using words, tools or communication styles that fit who they are.   

That’s how we learn that our decisions for our bodies are important. We learn to communicate that others need to ask before doing anything that involves our bodies, that they need to respect our choices for our bodies and really listen to what we want – not just what they think is best.   

Building a culture of respect and inclusion

Changing how we approach consent, particularly for neurodivergent people, requires a cultural shift.   

This means embedding respect, autonomy, and inclusion into every level of society. 

We need consent education that: 

• Is inclusive of different communication needs
• Acknowledges power imbalances and access to privilege/power 
• Centres the voices and experiences of people with disability, including neurodivergent people 
• Actively engages with all community so they are educated on the diversity of communication and decision-making
• Responds to intersectional experiences, for example, culturally and linguistically diverse people, First Nations and LGBTIQA+ people. 

Because real consent means creating environments where everyone feels safe to speak up, say no, and make decisions for themselves. 

“Consent is not just about sexual relationships – it’s about everyday interactions. It’s about being asked before being touched, being listened to when you say no, and being taken seriously when you express your needs or discomfort. Asking me if I’m someone who is ok with touch under a set of circumstances is the first step, then ask me if you can touch me in that circumstance, sometimes consent requires more than one simple question, it needs boundaries.”  — Megan Spindler-Smith, PWDA Deputy CEO 

When we respect consent, we respect people

“When we recognise and respect consent in all its forms, we affirm the person’s humanity. We show them they matter. That they are in charge.”  — PWDA President Trinity Ford 

 Consent is a human right. For people with disability, real consent is only possible when communication is accessible, power is balanced, and bodily autonomy is respected.