National Conference on Disability calls for 'Rights' approach; Recommends setting up independent Department of Disability & Development, Appointment of Disability Advisors
New Delhi, 23 June 2005
Emphasizing that a human rights approach and not welfare one is necessary to restore the rights and dignity of persons with disabilities, the National Conference on Disability has recommended that the government of India set up an independent department of Disability and Development and appoint disability advisor in all premier institutions.
The daylong Conference which was held by the National Human Rights Commission in New Delhi on 23 June 2005 under the CHRC-NHRC-IGNOU project called on the State and Central Government to set up a National Task Force on accessible infrastructure by persons with disabilities to ensure all public places, transport system, media and public information are redefined and delivered so as to adhere disability inclusive norm. It has also recommended for elaboration of a National/State Disability Policy and Action Plan to enable persons with disabilities to enjoy all the rights and benefits guaranteed under the law while at the same time enable the government at all levels to perform its mandatory functions and effectively utilize the budget allocated for the disability sector.
Other recommendations on which the governments at the Centre and State should act on include
· Designate a nodal officer on disability assisted by a panel of experts from the disability sector to ensure inclusion of a disability perspective in all aspects of their functioning
· Put in place a formal mechanism by which proposals for the enactment of new laws/amendment are examined ensuring a disability inclusive legislative framework.
· Promote a dynamic and context specific policy on human rights education, capable of incorporating evolving content of rights and correlated duties towards disadvantaged groups such as persons with disabilities
· Introduce a disability component in all training initiatives aimed at public administrators and all the field functionaries
· Nominate at least one person with disability in the Parliament, which is the apex institution of this large democracy and
· Government of India through its National Institutions in various fields should develop and incorporate the concept of human rights, social justice and well being in all the training programmes aimed at rehab workers, parent and persons with disabilities.
On the education and legal front it has called on the Bar Council, the Law Schools and the leading Universities
· to urgently coordinate action towards incorporating disability perspective in all the formal and non-formal courses in law and human rights.
· Introduce an optional paper in Disability, Human Rights and Law at the graduate level
· The Indira Gandhi National Open University and its counter parts in the States should gear up the distance education to enable the practitioners in various fields to respond adequately to the difference that disability represents.
The UGC, RCI, NETE and NCERT should actively assist the institutions under their jurisdiction to reform the course curriculum in the fields of law, management, social work, education, architecture, medicine, nursing, engineering, statistics, history, sociology, developmental economics etc. with a view to incorporating a disability component.
Earlier, the Chairperson of the NHRC, Dr. Justice A.S. Anand in his inaugural speech said that the mindset of the society has to change to give persons with disabilities, their legitimate dues by recognizing, protecting and promoting their human rights. He said the physically and mentally challenged persons in our country continue to face several obstacles in leading their life with dignity despite international and domestic actions taken. Today, he said, their rights are more a myth than reality. Disability is still, by and large regarded as a "welfare" issue and has remained as a subject matter laced with discourse of 'favours' and 'entitlements'. He stated that our emphasis of disability policy has remained individualized, rather than rights oriented, making persons with disabilities, the object and not the subject of action. He stressed on the need to adopt a human rights approach to restore rights and dignity of persons with disabilities as it seeks to break down barriers by addressing shortcomings in the environment, vis-à-vis limiting the claims to rights based on disability.
Referring to the Constitutional provisions which guarantee access to public places and employment without discrimination of any kind, Justice Anand regretted that implementation of these arrangements has been lopsided and States often attribute this to a lack of economic capacity. In his speech, he stressed on the importance of not just helping persons with disabilities to gain skills, knowledge and instruments vital to their participation, but for key functionaries of democracy to know how to, when to and what kind of knowledge to apply to eradicate vicissitudes of injustices in exclusion of persons with disabilities. For this, he said, a dynamic, broad and context specific policy on continuing education in the human rights framework is imperative. Such a policy should target Government functionaries at all levels, particularly those directly involved in the planning, execution and management of public services and goods including information, he said.
Justice Anand observed that as disability rights is a new dimension in the human rights regime, much needs to be done to develop awareness amongst legal practitioners and academics across the spectrum. He also called for a cultural shift, whereby participation by persons with disabilities in all the key institutions of democracy is crucial as evidence suggests that the quality of life of persons with disabilities, and of the broader community, improves when disabled persons themselves actively voice their concerns and participate in decision-making. This alone would make outlaws, policies and practices reflective of the disability experience necessary for a genuinely inclusive society, he said.
On the occasion the Chairperson released a "Disability Manual" in print, Braille and accessible CD format. The manual is a compilation of an impressive range of positive examples of disability jurisprudence. It can serve as a reference material for universities and law schools to design curricula for undergraduate and graduate study programmes on Disability Law, and to incorporate disability perspective into courses on the Constitutional, Family, Criminal, Information Technology and Labour Laws. It will prove to be an effective advocacy tool for organizations of disabled persons and NGOs working in the area of disability and human rights. It is also intended to be a practical guide for legal practitioners and general administrators.
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Emphasizing that a human rights approach and not welfare one is necessary to restore the rights and dignity of persons with disabilities, the National Conference on Disability has recommended that the government of India set up an independent department of Disability and Development and appoint disability advisor in all premier institutions.
The daylong Conference which was held by the National Human Rights Commission in New Delhi on 23 June 2005 under the CHRC-NHRC-IGNOU project called on the State and Central Government to set up a National Task Force on accessible infrastructure by persons with disabilities to ensure all public places, transport system, media and public information are redefined and delivered so as to adhere disability inclusive norm. It has also recommended for elaboration of a National/State Disability Policy and Action Plan to enable persons with disabilities to enjoy all the rights and benefits guaranteed under the law while at the same time enable the government at all levels to perform its mandatory functions and effectively utilize the budget allocated for the disability sector.
Other recommendations on which the governments at the Centre and State should act on include
· Designate a nodal officer on disability assisted by a panel of experts from the disability sector to ensure inclusion of a disability perspective in all aspects of their functioning
· Put in place a formal mechanism by which proposals for the enactment of new laws/amendment are examined ensuring a disability inclusive legislative framework.
· Promote a dynamic and context specific policy on human rights education, capable of incorporating evolving content of rights and correlated duties towards disadvantaged groups such as persons with disabilities
· Introduce a disability component in all training initiatives aimed at public administrators and all the field functionaries
· Nominate at least one person with disability in the Parliament, which is the apex institution of this large democracy and
· Government of India through its National Institutions in various fields should develop and incorporate the concept of human rights, social justice and well being in all the training programmes aimed at rehab workers, parent and persons with disabilities.
On the education and legal front it has called on the Bar Council, the Law Schools and the leading Universities
· to urgently coordinate action towards incorporating disability perspective in all the formal and non-formal courses in law and human rights.
· Introduce an optional paper in Disability, Human Rights and Law at the graduate level
· The Indira Gandhi National Open University and its counter parts in the States should gear up the distance education to enable the practitioners in various fields to respond adequately to the difference that disability represents.
The UGC, RCI, NETE and NCERT should actively assist the institutions under their jurisdiction to reform the course curriculum in the fields of law, management, social work, education, architecture, medicine, nursing, engineering, statistics, history, sociology, developmental economics etc. with a view to incorporating a disability component.
Earlier, the Chairperson of the NHRC, Dr. Justice A.S. Anand in his inaugural speech said that the mindset of the society has to change to give persons with disabilities, their legitimate dues by recognizing, protecting and promoting their human rights. He said the physically and mentally challenged persons in our country continue to face several obstacles in leading their life with dignity despite international and domestic actions taken. Today, he said, their rights are more a myth than reality. Disability is still, by and large regarded as a "welfare" issue and has remained as a subject matter laced with discourse of 'favours' and 'entitlements'. He stated that our emphasis of disability policy has remained individualized, rather than rights oriented, making persons with disabilities, the object and not the subject of action. He stressed on the need to adopt a human rights approach to restore rights and dignity of persons with disabilities as it seeks to break down barriers by addressing shortcomings in the environment, vis-à-vis limiting the claims to rights based on disability.
Referring to the Constitutional provisions which guarantee access to public places and employment without discrimination of any kind, Justice Anand regretted that implementation of these arrangements has been lopsided and States often attribute this to a lack of economic capacity. In his speech, he stressed on the importance of not just helping persons with disabilities to gain skills, knowledge and instruments vital to their participation, but for key functionaries of democracy to know how to, when to and what kind of knowledge to apply to eradicate vicissitudes of injustices in exclusion of persons with disabilities. For this, he said, a dynamic, broad and context specific policy on continuing education in the human rights framework is imperative. Such a policy should target Government functionaries at all levels, particularly those directly involved in the planning, execution and management of public services and goods including information, he said.
Justice Anand observed that as disability rights is a new dimension in the human rights regime, much needs to be done to develop awareness amongst legal practitioners and academics across the spectrum. He also called for a cultural shift, whereby participation by persons with disabilities in all the key institutions of democracy is crucial as evidence suggests that the quality of life of persons with disabilities, and of the broader community, improves when disabled persons themselves actively voice their concerns and participate in decision-making. This alone would make outlaws, policies and practices reflective of the disability experience necessary for a genuinely inclusive society, he said.
On the occasion the Chairperson released a "Disability Manual" in print, Braille and accessible CD format. The manual is a compilation of an impressive range of positive examples of disability jurisprudence. It can serve as a reference material for universities and law schools to design curricula for undergraduate and graduate study programmes on Disability Law, and to incorporate disability perspective into courses on the Constitutional, Family, Criminal, Information Technology and Labour Laws. It will prove to be an effective advocacy tool for organizations of disabled persons and NGOs working in the area of disability and human rights. It is also intended to be a practical guide for legal practitioners and general administrators.
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