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Disability Notes

The Convention on the Rights of Persons with Disabilities is an international treaty that aims to promote and protect the rights of persons with disabilities. It views persons with disabilities as rights holders who are capable of making their own decisions. India ratified the Convention in 2007. The Rights of Persons with Disabilities Act of 2016 implemented the Convention in India and expanded the types of recognized disabilities from 7 to 21. It aims to promote inclusion and non-discrimination of persons with disabilities in areas such as education, employment, and accessibility.

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79 views4 pages

Disability Notes

The Convention on the Rights of Persons with Disabilities is an international treaty that aims to promote and protect the rights of persons with disabilities. It views persons with disabilities as rights holders who are capable of making their own decisions. India ratified the Convention in 2007. The Rights of Persons with Disabilities Act of 2016 implemented the Convention in India and expanded the types of recognized disabilities from 7 to 21. It aims to promote inclusion and non-discrimination of persons with disabilities in areas such as education, employment, and accessibility.

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Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities and its Optional Protocol was adopted
on 13 December 2006 at the United Nations Headquarters in New York, and was opened for
signature on 30 March 2007. The Convention entered into force on 3 May 2008.

India ratified the said Convention on the 1st day of October, 2007.

The Convention on the Rights of Persons with Disabilities is an international human rights
treaty of the United Nations intended to protect the rights and dignity of persons with
disabilities. Parties to the Convention are required to promote, protect, and ensure the full
enjoyment of human rights by persons with disabilities and ensure that they enjoy full equality
under the law.

The Convention follows decades of work by the United Nations to change attitudes and
approaches to persons with disabilities. It takes to a new height the movement from viewing
persons with disabilities as “objects” of charity, medical treatment and social protection towards
viewing persons with disabilities as “subjects” with rights, who are capable of claiming those
rights and making decisions for their lives based on their free, and informed consent as well as
being active members of society.

Definition of disability
The Convention adopts a social model of disability, but does not offer a specific definition. The
Convention's preamble explains that the Convention recognises:
...that disability is an evolving concept and that disability results from the interaction between
persons with impairments and attitudinal and environmental barriers that hinders their full and
effective participation in society on an equal basis with others.

Article 1 defines the purpose of the Convention:


To promote, protect and ensure the full and equal enjoyment of all human rights and fundamental
freedoms by all persons with disabilities, and to promote respect for their inherent dignity
Articles 2 and 3:  provide definitions and general principles such
as communication including Braille, sign language, plain language and nonverbal
communication, reasonable accommodation and universal design.
Articles 4–32 define the rights of persons with disabilities and the obligations of states parties
towards them. Rights specific to this convention include the rights to accessibility including
the information technology, the rights to live independently and be included in the community
(Article 19), to personal mobility (article 20), habilitation and rehabilitation (Article 26), and to
participation in political and public life, and cultural life, recreation and sport (Articles 29 and
30). In addition, parties to the Convention must raise awareness of the human rights of persons
with disabilities (Article 8), and ensure access to roads, buildings, and information (Article 9).
Articles 33–39 govern reporting and monitoring of the convention by national human rights
institutions (Article 33) and Committee on the Rights of Persons with Disabilities (Article 34).
The Committee on the Rights of Persons with Disabilities is a body of human rights experts
tasked with monitoring the implementation of the Convention. It initially consisted of 12
independent human rights experts, with half elected for a two-year term and half elected for
four-years. Thereafter members will be elected for four-year terms, with half the members
elected every two years. As the Convention has achieved 80 ratifications, the Committee will be
expanded to 18 members.
Articles 40–50 govern ratification, entry into force, and amendment of the Convention. Article
49 also requires that the Convention be available in accessible formats.

❖ Guiding principles of the Convention


There are eight guiding principles that underlie the Convention:

● Respect for inherent dignity, individual autonomy including the freedom to make one's


own choices, and independence of persons
● Non-discrimination
● Full and effective participation and inclusion in society
● Respect for difference and acceptance of persons with disabilities as part of
human diversity and humanity
● Equality of opportunity
● Accessibility
● Equality between men and women
● Respect for the evolving capacities of children with disabilities and respect for the right
of children with disabilities to preserve their identities
Prevention of discrimination
The Article 8 of Convention stresses the awareness raising to foster respect for the rights and
dignity against discrimination:

1. To raise awareness throughout society, including at the family level, regarding persons
with disabilities, and to foster respect for the rights and dignity of persons with
disabilities.
2. To combat stereotypes, prejudices and harmful practices relating to persons with
disabilities, including those based on sex and age, in all areas of life.
3. To promote awareness of the capacities and contributions of persons with disabilities.
4. Initiating and maintaining effective public awareness campaigns designed: (i) to nurture
receptiveness to the rights of persons with disabilities. (ii) to promote positive
perceptions and greater social awareness towards persons with disabilities. (iii) to
promote recognition of the skills, merits and abilities of persons with disabilities, and of
their contributions to workplace and the labour market.
5. Encouraging all organs of the mass media to portray persons with disabilities in a manner
consistent with the purpose of the present Convention.
6. Promoting awareness-training programmes regarding persons with disabilities and the
rights of persons with disabilities.
THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

27th December, 2016

2(s) “person with disability” means a person with long term physical, mental, intellectual or
sensory impairment which, in interaction with barriers, hinders his full and effective participation
in society equally with others.

The Act replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995. It fulfills the obligations to the United National Convention on the
Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.  The Act came into
force during December 2016.

Salient features of the Act

❖ Disabilities covered
● Disability has been defined based on an evolving and dynamic concept.
● The types of disabilities have been increased from existing 7 to 21 and the Central Government
will have the power to add more types of disabilities. The 21 disabilities are given below:-
Blindness, Low-vision, Leprosy Cured persons, Hearing Impairment (deaf and hard of hearing),
Locomotor Disability, Dwarfism, Intellectual Disability, Mental Illness, Autism Spectrum
Disorder, Cerebral Palsy, Muscular Dystrophy, Chronic Neurological conditions, Specific
Learning Disabilities, Multiple Sclerosis, Speech and Language disability, Thalassemia,
Hemophilia, Sickle Cell disease, Multiple Disabilities including deafblindness, Acid Attack
victim, Parkinson's disease
● Persons with "benchmark disabilities" are defined as those certified to have at least 40 per cent of
the disabilities specified above.

❖ Rights and entitlements


● Responsibility has been cast upon the appropriate governments to take effective measures to
ensure that the persons with disabilities enjoy their rights equally with others.
● Additional benefits such as reservation in higher education (not less than 5%), government jobs
(not less than 4 %), reservation in allocation of land, poverty alleviation schemes (5% allotment)
etc. have been provided for persons with benchmark disabilities and those with high support
needs.
● Every child with benchmark disability between the age group of 6 and 18 years shall have the
right to free education.
● Government funded educational institutions as well as the government recognized institutions
will have to provide inclusive education to the children with disabilities.
● For strengthening the Prime Minister's Accessible India Campaign, stress has been given to
ensure accessibility in public buildings (both Government and private) in a prescribed
time-frame.

❖ Guardianship
● The Act provides for grant of guardianship by District Court under which there will be joint
decision – making between the guardian and the persons with disabilities.

❖ Penalties for offences


● The Act provides for penalties for offences committed against persons with disabilities and also
violation of the provisions of the new law.
● Any person, who violates provisions of the Act, or any rule or regulation made under it, shall be
punishable with imprisonment up to six months and/ or a fine of Rs 10,000, or both. For any
subsequent violation, imprisonment of up to two years and/or a fine of Rs 50,000 to Rs five lakh
can be awarded.
● Whoever intentionally insults or intimidates a person with disability, or sexually exploits a
woman or child with disability, shall be punishable with imprisonment between six months to
five years and fine.
● Special Courts will be designated in each district to handle cases concerning violation of rights
of PwDs.

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