rights of disabled persons

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Information about rights of disabled persons

Published on November 1, 2010

Author: adorablemamun

Source: authorstream.com

RIGHTS OF DISABLED PERSONS : SUBMITTED BY- NEHA MOHANTY(882034) SHANTA SAMAL (882057) SHRADHA MANDHOTIA (882060)SWAPNIL KUMARI (882070) RIGHTS OF DISABLED PERSONS Guided by- Smt. Suryasnata Mohanty MEANING AND DEFINITION : In a layman’s language – ‘disability’ -physical or mental condition that limits a person's movements, senses, or activities. Convention on Persons with Disability : Persons with disabilities include those who have -long-term physical, mental, intellectual or -sensory impairments -which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others MEANING AND DEFINITION HISTORY : The history of disability in the West has been characterized by the progressive development of several models of disability Social Model Medical Model Rights- based Model HISTORY SOCIAL MODEL : views disability as a consequence of environmental, social and attitudinal barriers that prevent people with impairments from maximum participation in society. SOCIAL MODEL Medical Model : referred to as the Biological-Inferiority or Functional-Limitation Model. identifies people with disabilities as ill, different from their non-disabled peers and unable to take charge of their own lives. Example- Medical Model Rights-based model : individuals with disabilities have a right to access, belong to, contribute to, and to be valued in their local community. attention should be paid to restructuring society, not treating the individual. Rights-based model Why disability is a human rights issue? : disabled people are human beings too Negative attitude of the society disabilities are holders of rights and not objects to be associated with charity. Why disability is a human rights issue? RIGHTS OF DISABLED : Education- Education is a fundamental human right and essential for the exercise of all other human rights. It promotes individual freedom and empowerment and yields important development benefits. The fact that they are ‘disabled’ does not deprive them from their right to education they require active intervention and specialized services RIGHTS OF DISABLED Contd… : Employment- The right to work is enshrined in the UDHR, ICCPR and ICESCR They have always been perceived as lacking abilities and potential to engage in any meaningful activity or work. This perception resulted into denial of the ‘right to work’ to them. Contd… Contd… : Accessibility- The right to full participation in the community is one that people with disabilities value very highly. disabled persons are often denied the opportunities of full participation in the activities of the socio-cultural system Whether s/he is going to school, or to work, or to use recreational facilities, the ability of the person with disability to move around in the immediate vicinity of the living space or travel farther afield is critical to make him or her feel like a valued and effective member of the community. . Contd… LEGAL FRMAEWORK : INTERNATIONAL REGIME NATIONAL REGIME LEGAL FRMAEWORK Declaration on the Rights of Mentally Retarded Persons. : Adopted in 1971 Art. 1 – Mentally retarded persons enjoy the same human rights as all other human beings Declaration itemizes rights that are of special importance to them (including education, training and rehabilitation). Declaration on the Rights of Mentally Retarded Persons. Declaration on the Rights of Disabled Persons : Adopted in 1975 Paragraph 4 - asserts that persons with disabilities have the same civil and political rights as other human beings Paragraph 5- such persons are “entitled to the measures designed to enable them to become as self-reliant as possible” Declaration on the Rights of Disabled Persons Convention on Rights of Persons with Disabilities : It was adopted by UN in December, 2006 and came into force in 2008. India provided its ratification to this convention on 1st October, 2007. Article 1 mentions that it strives to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that they get full equality under law. Convention on Rights of Persons with Disabilities Structure of the Convention : Articles 2 and 3 provide definitions and general principles including reasonable accommodation and universal design. Articles 4 - 32 define the rights of persons with disabilities and the obligations of states parties towards them. Articles 33 - 39 govern reporting and monitoring of the convention. 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. Structure of the Convention Committee on rights of persons with disability : Article 34 of this convention provides for the establishment of a committee. This committee monitors the implementation of the Convention. It has one optional protocol under it. The Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement to the Convention which allows its parties to recognise the competence of the Committee on the Rights of Persons with Disabilities to consider complaints from individuals Committee on rights of persons with disability Monitoring Procedure : Under reporting procedure, the State Parties are requires to submit regular reports to the Committee outlining the legislative, judicial, policy and other measures they have taken to implement the rights affirmed in the Convention. The Committee will examine each report and address its concerns and recommendations to the State party in the form of “concluding observations”. Monitoring Procedure NATIONAL REGIME : NATIONAL REGIME CONTITUTION OF INDIA : The Constitution as the basic law carries the guarantee of legal security for all its citizens. It mandates that the laws must conform to the principles of fairness, equality, objectivity and fraternity of the people. Disability" has not been defined in the Constitution. The Constitution of India premised on the principle of social justice and human rights. The Constitution of India applies uniformly to all citizens of India whether or not they are healthy and normal or disabled (physically or mentally) and irrespective of their religion, caste, gender, creed etc (Art. 14 & 15) CONTITUTION OF INDIA DIRECTIVE PRINCIPLES OF STATE POLICY : The Preamble, the Directive Principles of State Policy and the Fundamental Rights enshrined in the Constitution stand testimony to the commitment of the State to its people. It envisage a very positive role for the State for the upliftment of the status of disadvantaged groups. For example: Article 41 enjoins that, “The State shall, within the limits of its economic capacity and development make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement.” DIRECTIVE PRINCIPLES OF STATE POLICY PERSONS WITH DIABILITIES ACT, 1995 : Part I comprises Chapter 1-4 dealing with the administrative arrangement for implementation. Part II comprises Chapter 5-11 dealing with the substantive rights and correlated obligations. Part III provides a mechanism for the monitoring of the Act in the Centre and States. Chapter 12 establishes the office of the Chief Commissioner and State Commissioners for person with disabilities. PERSONS WITH DIABILITIES ACT, 1995 CONCLUSION : Legislation for the disabled, like everything else, needs to keep abreast with changes with the modern world if it aims be truly effective. The demand of the issues arising related to disability is not only to provide them with better facilities and protection of their rights but also to change the negative attitude of the society. If the problem lies with society and the environment, then society and environment must change. If a wheelchair user cannot use a bus, the bus must be redesigned. CONCLUSION THANK YOU : THANK YOU

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