Conventions for Differently-Abled Persons
Human Rights and Differently-Abled Persons
What are the Human Rights of Differently-Abled Persons?
Human Rights are universal, and civil, political, economic, social and cultural rights belonging to all human beings, including differently-abled persons. Differently-abled persons are entitled to the realization of all human rights and fundamental freedoms on equal terms with others in society, without discrimination of any kind. They also enjoy certain human rights specifically linked to their status.
The Human Rights at Issue
The human rights of differently-abled persons include the following indivisible, interdependent and interrelated human rights:
- The human right to freedom from any distinction, exclusion, restriction or preference based on the status of differently-abled, which has the purpose or effect of impairing the enjoyment of human rights and fundamental freedoms.
- The human right to freedom from discrimination in access to housing, education, social services, health care or employment.
- The human right to active participation in all aspects of social, economic, political and cultural life of society, and in shaping decisions and policies affecting him- or herself and community, at the local, national and international levels.
- The human right to equality of opportunity.
- The human right to full equality before the law and equal protection of the law.
- The human right to the highest attainable standard of health, to medical, psychological and functional treatment, including prosthetic and orthetic appliances, to medical and social rehabilitation, and other services necessary for the maximum development of capabilities, skills and self-reliance.
- The human right to work, according to capabilities, to receive wages that contribute to an adequate standard of living, and to receive equal remuneration for equal work.
- The human right to economic and social security, and to an adequate standard of living.
- The human right to be treated with dignity and respect.
Legal Framework and Extensive Infrastructure for Differently Abled Citizens of India
In India, the Government has framed many acts to ensure equal opportunities for persons with disabilities and their full participation in the nation-building process. A multi-sectoral collaborative approach, involving all the appropriate governments agencies i.e. Ministries of the Central Government, the State Governments/UTs, Central/State undertakings, local authorities and other appropriate authorities, is being followed in implementation of various provisions of the Act.
Acts
- The Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation Act), 1995
- National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999
- Rehabilitation Council of India Act, 1992
- The Mental Health Act, 1987
- Employees State Insurance Act, 1948
- Exemptions under Income Tax Act
- The All India Service (Special Disability Leave) Regulations, 1957
Major Milestones
India is a signatory to the Declaration on the Full Participation and Equality of People with Disabilities in the Asia Pacific Region. India is also a signatory to the Biwako Millennium Framework for action towards an inclusive, barrier free and rights based society.
The adoption of the National Policy for Persons with Disabilities in 2006 and signing of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) by India in 2007 are some major milestones in ensuring a life of dignity and self sufficiency to persons with disabilities. India ratified the UN Convention on 1st October, 2008.
The adoption of the National Policy for Persons with Disabilities in 2006 and signing of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) by India in 2007 are some major milestones in ensuring a life of dignity and self sufficiency to persons with disabilities. India ratified the UN Convention on 1st October, 2008.
Extensive Infrastructure for Differently-Abled
In order to effectively deal with multi dimensional problems of persons with disability and for development of manpower in different areas, the government has developed extensive infrastructure for them. The following seven national institutes have been setup in each major area of disability:
- Pt. Deendayal Upadhyaya Institute for the Physically Handicapped, New Delhi
- National Institute of Visually Handicapped, Dehradun
- National Institute for the Orthopaedically Handicapped, Kolkata
- National Institute for the Mentally Handicapped, Secunderabad.
- Ali Yavar Jung National Institute for the Hearing Handicapped, Mumbai
- National Institute of Rehabilitation Training & Research, Cuttack
- National Institute for Empowerment of Persons with Multiple Disabilities, Chennai