UNCRPD needs to properly define the concept of reasonable opportunity as it is restrictive in nature to help realize the rights of persons with disabilities, says NHRC, India Chairperson, Justice Mishra at COSP16 in UN HQrs, New York

New Delhi, 16th June, 2023

Mr. Justice Arun Mishra, Chairperson, National Human Rights Commission, NHRC, India has said that the UN Convention on the Rights of Persons With Disabilities (CRPD) provides the concept of reasonable opportunity. However, it is required to be defined properly as it is culminating in the proportionate opportunity, which is restrictive in nature. The opportunities for employment should not be denied by prescription of kind of disabilities; full opportunity should be afforded to ensure need-based distributive justice.

Justice Mishra, accompanied by NHRC Member, Mr. Rajiv Jain, was making an intervention in the 3rd Roundtable on Implementation of CRPD as part of the 16th Session of the Conference of State Parties to the Convention on the Rights of Persons with Disabilities (COSP16), which is being organized at UN HQrs, New York, USA from 13th – 15th June, 2023.

The NHRC Chairperson said that discrimination in adoption must come to an end. Physical, mental, and emotional stability needs required to be defined. He also said that the concept of severe disability should be properly defined along with the circumstances to take the consent of guardians etc for surgery to avoid its misuse.

Giving a brief inside into the legal provisions in India for the protection of the Rights of disabled people, Justice Mishra said that the standards for accessibility have been defined in India’s The Rights of Persons with Disabilities, RPWD Act, 2016. Now the challenge is to create awareness. Disabled are called specially abled to provide them dignity and improve their mindset. Preparation of education and other material for the primary to secondary level education in sign language, audio-visual mode, print, and electronic media is being focused upon.

He also said that separate National level institutes have been set up for visual, speech and hearing, intellectual, multiple disabilities, locomotor disabilities, rehabilitation and training, mental health, and retardation. They are providing specialized postgraduate degree courses, and diplomas, imparting vocational training, clinical services, running indoor hospitals, and providing OPD services. Regional centres are functional.

Referring to some of the recent initiatives of the NHRC, India for the protection of the rights of disabled persons, he drew attention to an Advisory issued by it in relation to the prevention of visual impairment of children by toys, crackers, and chemicals. He also said that in the Draft National Action Plan 2022, the Commission has recommended for special treatment for women to inch towards the much-desired gender justice.

The Accessible India campaign is in vogue for digital help literacy. Besides, the National Skill Development Corporation and regional centres for the development of skills of disabled people have been established. Infrastructure needs are being looked into to make them broad-based in pursuance of the enabling provisions of the Act besides ensuring the audit of buildings for access including in prisons, beggar homes, and mental hospitals.

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