Disability Inclusion is a necessary condition for safeguarding human rights,
sustainable development, and peace and security. This is also at the core of the
2030 Agenda for Sustainable Development's commitment to leave no one behind. The
promise of realizing the rights of persons with disabilities is not only a
matter of justice; it is a step towards a better future. The COVID19 global
crisis has deepened pre-existing inequalities, exposed the scope of exclusion,
and emphasized the need to commit to disability inclusion. One billion people
with disabilities are one of the most excluded groups in our society and one of
the death groups most affected by this crisis.
Even under normal circumstances, people with disabilities are unlikely to have
access to health care, education, employment, and community involvement. A
comprehensive approach is needed to ensure that people with disabilities are not
left behind.
Disability inclusion will lead to COVID19 response and recovery, better service
for all, more adequate virus suppression, and better rebuilding. It will provide
a more agile system capable of dealing with complex situations, reaching the
most backward position first.
History
Resolution 47/3 of the United Nations General Assembly declared in 1992 to
celebrate the International Day of Persons with Disabilities every year. Its
main objective or aim is to promote the rights and fundamental freedoms and
well-being of people with disabilities in society and development, and to raise
awareness about the situation of people with disabilities in all aspects of
political, social etc. Everyone is equal and no person should be discriminated
on the basis of sex, colour, creed, religion, etc.
Building on decades of United Nations work in the field of disability, the
Convention on the Rights of Persons with Disabilities (CRPD) adopted in 2006 is
implementing the 2030 Agenda for Sustainable Development and other international
frameworks. Development, such as the Sendai Framework for Disaster Risk
Reduction and the inclusion of people with disabilities in humanity.The Action
Charter, the New Urban Agenda and the Addis Ababa Financing for Development
Action Agenda.
The United Nations Disability Inclusion Strategy
When the United Nations Inclusion of Disability Strategy was launched in June
2019, the Secretary-General of United Nation stated that the United Nations
should lead by example and raise the organization's standards in inclusion of
disability in all pillars of work from headquarters to the ground level of work.
The United Nations Inclusion of Disability Strategy lays the foundation for
sustainable progress in disability inclusion among all pillars of the work of
the United Nations. Through this particular type of strategy, the United Nations
system regulates and monitors that the full and complete realization of the
human rights of all persons with disabilities is an inalienable part of all
human rights and fundamental freedoms and everyone is equal and no person should
be discriminated on the basis of sex, colour, creed, religion, etc.
Recognizing this commitment, the Secretary-General submitted in October 2020 the
first comprehensive report on the measures taken by the United Nations system to
mainstream disability inclusion and implement the strategy since its inception.
International Day of Person with Disabilities
The Conference of International Disabled Persons was declared in 1992 by the
resolution of the Complete UN Assembly. The objective objective is to understand
the understanding of the problem of disability, and to mobilize dignity, rights
and happiness of people with disabilities. It also aims to increase the
awareness of the profits derived from the integration of people with
disabilities in all aspects of political, social, economic and cultural life.
The main program of international compliance related to day with people with
disabilities at the New York headquarters, including opening, discussions on
panels and cultural events. Member States, civil society and civil society, and
private sectors are welcome to organize their own events to improve awareness
and promote the rights and perspectives of persons with disabilities around the
world.
Declaration on the Rightsof Disables Persons
- The term "disabled" refers to any person who cannot fully or partially
guarantee normal personal and / or social needs due to congenital or
non-congenital defects. Physical or mental abilities.
- Persons with disabilities enjoy all the rights set forth in this
Declaration. These rights will be granted to all persons with disabilities
without exception, and they will not be distinguished or discriminated on
the basis of race, color, gender, language, religion, political or other
opinions, nationality or social origin, economic situation, birth or any
another reason. It applies to the situation of the disabled themselves or
their relatives.
- People with disabilities have the inherent right to respect their
personal dignity. Disabled persons, regardless of the origin, nature and
severity of their disability and disability, enjoy the same basic rights as
their citizens of the same age. This first means the right to enjoy as
normal and full as possible a dignified life.
- Disabled persons Enjoy the same civil and political rights as others; It
applies to any possible restriction or suppression of these rights of
persons with mental disorders.
- People with disabilities have the right to take measures aimed at making
them as self-sufficient as possible.
- Disabled persons have the right to receive medical, psychological and
functional treatment, including orthopedic and prosthetic devices, medical
and social rehabilitation, education, vocational training and
rehabilitation, help, consultation, health service placement and other
services that enable them to develop to the maximum extent Give full play to
their abilities and abilities, and will accelerate the process of their
integration into society or reintegration into society.
- People with disabilities have the right to economic and social security
and a decent standard of living. They have the right to obtain and retain
employment opportunities according to their abilities, or to participate in
useful, productive and well-paid occupations and to join trade unions.
- Persons with disabilities have the right to take their special needs
into account at all stages of economic and social planning.
- People with disabilities have the right to live with their family or
parents who adopted him or her and they shall have the right to participate
in all social, or entertainment activities. With regard to their place of
residence, no disabled person will be subjected to any sort of degrading
treatment other than that required by their condition or the improvement
that it may produce. If people with disabilities are to remain in
specialized institutions, their environment and living conditions must be as
close as possible to the normal living conditions of their peers.
- Persons with various disabilities shall be protected from all types of
exploitation, from all rules and regulations and from all discriminatory,
abusive or degrading or violent treatment.
- Persons with disabilities should be able to obtain qualified legal aid
if it is shown that it is essential for the protection of persons and
property of persons with disabilities. When legal proceedings are instituted
against you, the applicable legal procedures must fully consider your
physical and mental condition.
- In all matters relating to the rights of persons with disabilities, the
views of organizations of persons with disabilities can be consulted
effectively.
- Persons with disabilities, their families and communities should fully
understand the rights contained in this Declaration through all appropriate
means.
OHCHR
People with disabilities face discrimination and obstacles every day, preventing
them from participating in society on an equal basis with others. They are
generally deprived of access to the general school system and the workplace,
live independently in the community, vote, participate in sports and cultural
activities, enjoy social protection, have access to justice, choose medical care
and freely assume legal commitments, such as buying and sale of properties.
- Raising awareness, understanding and recognizing disability as a human
rights issue under the Convention on the Rights of Persons with
Disabilities;
- Develop guidelines on the rights of persons with disabilities and
incorporate their rights throughout the United States. The system of Nations
promotes and coordinates policy dialogues on the rights of persons with
disabilities among intergovernmental agencies and across all humanitarian
and development agendas, including the Sustainable Development Goals,
including the adoption of the United Nations Strategy to Disability
Inclusion (UNDIS);
- Cooperation on behalf of organizations to promote the participation and
participation of persons with disabilities in UN processes
Convention on the Rights of Person With Disabilities
The Convention on the Rights of Persons with Disabilities and its Optional
Protocol) were adopted at United Nations Headquarters in New York on December
13, 2006 and opened for signature on March 30. 2007. There are a total of 82
signatories of the Convention, 44 signatories of the Optional Protocol and 1
ratifier of the Convention. This is the highest number of signatories on the
opening day of the United Nations Convention. This is the first comprehensive
human rights treaty in the 21st century, and also the first human rights treaty
open for signature by regional integration organizations. The convention went
into effect on May 3, 2008.
The Convention follows decades of work done by the United Nations to change
attitudes and methods towards persons with disabilities. Treat people with
disabilities as "objects" of charity, health care and social security
The change to treat people with disabilities as "subjects" with rights, who have
the ability to claim these rights and make decisions for their interests, raises
movement to a new height. Their lives are based on their free consent and being
active members and responsible citizens of society and the country.
The Convention is conceived as a human rights instrument with a clear dimension
of social development. It adopted a broad classification of persons with
disabilities and reiterated that all types of persons with disabilities should
enjoy all human rights and fundamental freedoms. It clarifies and defines how
all types of rights apply to persons with disabilities, and identifies areas
where rights must be effectively exercised for persons with disabilities, areas
where rights are violated, and areas where protection of rights must be
strengthened.
The convention was negotiated during the eighth session of the General Assembly
Ad Hoc Committee from 2002 to 2006, making it the fastest-negotiating human
rights treaty.
The Constitutional rights of persons with disabilities:
- Article 15 is the embodiment of the "right to equality" under Article
14, because it embodies the specific dimensions of the principle of equality
related to discrimination by the State or for various reasons. Unlike
Article 14, which protects "anyone", Article 15 only provides protection to
citizens. Therefore, in the application, article 15 protects against
discriminatory state activities, but the scope of article 15 is more limited
than that of article 14
- Article 15 of the Indian Constitution deals with the "prohibition of
discrimination "on the grounds of religion, race, caste, sex or sex. Place
of birth. The content of is as follows: Article 15 (2) of stipulates that no
citizen shall be subject to any limitation or condition of liability for
disability solely on grounds of religion, race, caste, gender, place of
birth or any of them
- Equal social, economic and cultural rights:
Article 25 of the CRDP providestheright of disabled person to get education.
To make this right effective on the basis of non-discrimination and equal
opportunities, the States parties will ensure inclusive education systems at
all levels and lifelong learning. "They believe that if the Constitution
clearly guarantees the right to education, the right to free education or
the right to compulsory education for children with disabilities, or
prohibits the Discrimination in education on the grounds of disability, the
Constitution will provide education for children with disabilities.
- Right to work:
Article 27 of CRDP instructs states to "recognize the right of people with
disabilities to work on equal terms with others; This includes the
opportunity to choose or accept jobs in an open, inclusive and barrier-free
job market and work environment The right to earn a living.
- The right to liberty:
Article 14 of the CRPD instructs States parties to protect the personal
liberty and security of persons with disabilities. We believe that if they
are explicitly granted liberty or liberty, their right to liberty will be
guaranteed. Globally, only 9% of the constitution clearly guarantees the
freedom of people with disabilities. However, 19% of the constitution
stipulates that people with mental health problems can be deprived of their
liberty.
- Right to Freedom of Speech:
In Article 21, CRPD stipulates that "all measures shall be taken to ensure
that persons with disabilities can exercise their right to freedom of speech
and expression including seeking, receiving and disseminating information
and on the basis of equality with others, through their choice All forms of
communication to express ideas."
- Rights of the Disabled in India:
Disabled people are one of our most underserved sectors. This is because the
total indifference of the society makes these people opposed and disgusted.
According to various Indian laws and the United Nations conventions followed
in India, these people enjoy various rights. According to Article 2 (i) of
the Disability Act 1995, "disability" includes blindness, low vision, cure
for leprosy, hearing impairment, Disability. Movement disorders, mental
retardation and mental illness.
onclusion
Disability refers to the disadvantage or restriction of activities caused by the
way of social organization, with little or no consideration of physical, sensory
or mental impairment. It not only affects the natural way of life, but also
affects the intensity and strength of the desperate component. The government
must implement more social security programs for the disabled and create more
employment opportunities for them. Various disability welfare programs and
conferences emerged from the relief and successfully provided equal
opportunities for the disability sector.
References:
- https://www.un.org/en/observances/day-of-persons-with-disabilities
- https://www.ohchr.org/en/professionalinterest/pages/rightsofdisabledpersons.aspx
- http://disabilityaffairs.gov.in/content/page/acts.php
Written By: Gaurav Purohit - Amity University Rajasthan Of 4th Year BBA LLB (H)
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