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Yeradwadi Memorial Day And Rights Of The Disabled

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.

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
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. People with disabilities have the right to take measures aimed at making them as self-sufficient as possible.
  6. 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.
  7. 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.
  8. Persons with disabilities have the right to take their special needs into account at all stages of economic and social planning.
  9. 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.
  10. 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.
  11. 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.
  12. In all matters relating to the rights of persons with disabilities, the views of organizations of persons with disabilities can be consulted effectively.
  13. Persons with disabilities, their families and communities should fully understand the rights contained in this Declaration through all appropriate means.
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.
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.

Written By: Gaurav Purohit - Amity University Rajasthan Of 4th Year BBA LLB (H)

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