As a person who has spastic quadriplegia, I am not able to travel via airplanes due to not being able to be seated in a standard wheelchair or airplane seat as highlighted in the current approaches by airlines. This is due to current approaches requiring me to be seated in a chair provided by the airline as a way to transition to the normal airplane seat.

I am not the only wheelchair user who has complained about the inaccessibility of airplane travel in Australia – see the following:

• https://www.abc.net.au/listen/programs/letusin/let-us-in-episode-5/101522854
• https://www.theguardian.com/australia-news/2023/feb/03/australias-airlines-and-airports-urged-to-improve-treatment-of-travellers-with-disabilities
• https://www.smh.com.au/national/tired-of-the-fight-paralympian-not-allowed-on-flight-with-wheelchair-20220602-p5aqg6.html

Recently, Delta Airlines has developed a prototype that allows for those in powered wheelchairs to remain in their wheelchair when travelling. If successful, this or other similar approaches ought to be incorporated in preferably all airplanes in Australia. In addition, there are now laws in the United States requiring airplanes to have a dedicated larger bathroom that is wheelchair accessible, which will apply to all planes post-2033. As a result, at a minimum, Australia should adopt the measures put forward by the United States.

ABS data highlights that over 18% of the 4.4 million people who identify as having a disability rely on a mobility aid, not limited to wheelchairs, when accessing facilities outside their home. In addition, the CSIRO has commented that there are over 180,000 wheelchair users in Australia.

Given that those using mobility aids, including wheelchairs, amount to a significant proportion of the population, it is believed that the current approaches used by wheelchair users in airlines is demeaning. This is because all people have the right to travel in accordance with Article 13 of the United Nations Declaration of Human Rights (UDHR). Additionally, people with disabilities have the right to travel with the usage of their mobility aids in accordance with both Article 9 & 20 of the United Nations on the Convention on the Rights of Persons with Disabilities (UNCRPD).

In light of the record profits of airlines as well as the findings of the Disability Royal Commission in addition to the existence of the NDIS and Australia Disability Strategy, it is believed that businesses, including airlines, ought to adopt innovative measures to ensure that people with disabilities are able to be involved in all aspects of society. Such innovative measures could include the one proposed by Delta Airlines

Whilst at face value, the proposed measure may be an exception to disability discrimination laws in Australia due to the ‘unjustifiable hardship’ defence, it is argued that the prototype by Delta Airlines would not be an ‘unjustifiable hardship’ for airlines to implement. This is due to the prototype not providing dedicated seating for wheelchair users, rather when it is not needed, it can transform back to a normal airplane seat for other passengers. As a result, airlines are not losing money and are able to reach out to a greater proportion of the population who like myself would not be able to travel by normal means.