International Stance on the Rights of the Disabled Persons

'Human Rights' has been a matter of solemn interest in the International Community for quite some time now. It is a multi-faceted subject propagating that every individual deserves to enjoy the basic human rights for the sake of equality. However, an equitable assignment of rights for particular sections who face excessively deteriorating conditions is often necessary to achieve the ultimate purpose of a civilization. One such section is of 'Persons with Disabilities'! 

Disability has been perceived with a very narrow vision since ages. Normally, people associate it only with its biological cause and effects, resulting in sympathetic opinions and treatment, yet somewhere down the line, the mode and degree of their acceptance in the society becomes a worrisome issue. However, one must consider that these are the people the society actually considers as Disabled while numerous others who fall under the purview of a broader and logical definition, face grave discrimination at the hands of the general population due to the latter’s limited understanding of the concept. It was recently estimated that about 10% of the world population or approximately 650 million people live with one or the other forms of disabilities. These people not only suffer from their personal disabilities but there agony is further aggravated by the response of the societies they were always a part of. Equal opportunities, respect and inclusion has always been a distant dream for them as mostly they’re excluded and pushed into the dreaded zones of Economic and Social poverty, where neither are they able to earn a sufficient livelihood nor do they enjoy any dignified participation in the society. On principle, everyone would deny this with their morally rightful approach and lay down emphasis on what more can be done to improve their situation but can we even say with surety that they are provided with the least sufficient means to live a proper life?

Various International Instruments advocating the Human Rights were initiated during the mid 1900s, led by the Universal Declaration of Human Rights, to influence the entire world to set forth minimum standards of Human Rights at both National, as well as International levels. However, the people with disabilities couldn’t just be offered the necessary 'sufficient means' by the basic Human rights. Specific provisions were and are essential to enable them to deal with the band of problems they face on a regular basis, and to further secure equality in opportunity and acceptance in the society for them.

Several instruments in the 20th century came into existence to uplift the Disabled persons, beginning the long desired change of enlarging the scope of 'Disability'. For the sake of convenience, depending upon their nature, these are classified into two main categories:

Soft Laws (Non-binding)
Some of these non-binding laws have been listed here under:-

However, the quest of the disabled persons for justice in the true sense couldn’t be achieved with these laws for there is no enforcement mechanism in this category. Every provision is optional and meant to influence the States, more or less.

Hard Law (Binding) - Convention on the Rights of Disabled Persons

Ultimately, the United Nations decided to step in the fold with a concrete step to secure the rights and opportunities, respect and autonomy all the disabled persons had sought for long. 'The United Nations Convention on Rights of Persons with Disabilities', adopted on 13th December 2006 (entered into force on 3rd May 2008), presently has been ratified by a total of 174 States. Apart from its binding nature, this also exhibits its effective impact on improving the conditions of this aggrieved section worldwide.

Its strong foundation was laid down in its negotiation process, carried out by a United Nations committee called the Ad Hoc committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (Ad Hoc Committee), established in 2001. Working upon the principle of 'Nothing about us, without us', the committee opened its gates for not only the member States but also for various Non-governmental Organizations, National Human Rights Institutes and International Organizations, working in the field of disability, hence making it the first time that such an inclusive approach had been adopted in the framing of an international human rights instrument. Through a collective effort, intense deliberations and extreme co-operation, the Ad hoc committee gave a draft of the Convention after 8 sessions, which was finally adopted by the UN on the above-mentioned date and the instrument came into being. The masterstroke executed by this convention lies in the landmark shift in the traditional approach to disability, from restrictive outline of medical or charitable criteria, to a broad definition based on Human Rights, focusing on Socio-Economic equality, along with cultural as well as civil rights.

It established Disability as a constantly evolving concept, setting forth an inclusive definition, describing it as the interaction of a person’s long-term impairments (physical, mental, intellectual and sensory) with certain barriers (attitudinal, environmental, institutional and informational), preventing such person’s equal participation in the society. Moreover, by incorporating not only medical but also the welfare issues of the disabled, it is considered both, a cause and consequence of Poverty.

Its soul is contained in form of Article 3, upon which the entire provisions of this dynamic Convention are built. These 8 guiding principles are as follows:

1. Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons
2. Non-discrimination
3. Full and effective participation and inclusion in society
4. Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
5. Equality of opportunity
6. Accessibility
7. Equality between men and women
8. Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

This Convention comprises of 50 articles, providing for a proper International framework, along with an 'Optional Protocol' (having 18 articles). Several main provisions are listed here under:

(Kindly refer to the link for complete document of this Convention)

The Convention comprehensively addresses the Civil, Political, Social, Cultural and Economic rights of the Disabled persons, emphasizing on the consultation of disabled people by respective State Parties while adopting this Convention and further fulfilling their duties under this code.

The Committee on the Rights of the Persons with Disabilities was established as an authority to constantly oversee the implementation and promotion of this convention. It comprises of 18 independent experts. State Parties are obligated to regularly report on the progress of implementation of rights provided under the Convention, every 4 years, to such Committee. It also holds the responsibility of issuing General Comments for the purpose of Clarifications and guidance on specific articles and making suggestions to the States or relevant organizations.

The Optional Protocol, presently ratified by 92 states, is essentially a side agreement, which States can choose to abide by or not, i.e, ratify or not. It fundamentally empowers the Committee on the Rights of the Disabled Persons to accept and examine the complaints filed by individuals regarding violation of human rights of the disabled people. Moreover, the committee may conduct inquiries into grave and systematic incidents of violation, provided there is ample cause based on sufficient evidence.

Ultimately, building upon the fact that impairment doesn’t necessarily imply inability, the need for proper education, training and acceptance of these people is propagated to enable them to live independent and honorable lives with dignity and autonomy. The International standards for disability now follow a more holistic approach and recognize that the disabled people are duly entitled to not only medical care but basic human rights, equal opportunities and dignity as well. The same has been widely supported globally as various nations are constantly upgrading their National laws with respect to the benchmark set by this revered Convention.

Therefore, we can soon expect a ripe pool of our world population to contribute towards the collective welfare by a comprehensive acknowledgement and utilization of their legitimate skills, which will definitely reduce their suffering and discontentment while also pushing us towards prosperity in a spectacular fashion.