Base Document on Civil Political Rights Disaggregated by Nature of Intervention

Right to Life and Living

Policy Recommendations

• The group suggests that the new act should refer to this right as "Right to Life and Living", as a way of promoting pro-life and the right to have one's life protected. [Recommendation from committee]
• Further discussion on pro-life versus right to die led to the view that the law should provide for:
  1. Provision of all support measures which will maintain and enhance the dignity and quality of life.
  2. Also, provision of all support measures in natural settings of living for all people. [Input for right to
• Right to life includes the right to experience self / develop one's own identity, right to an enabling psychosocial environment, where PD can thrive, such as love, care and affection, right to a sexual self, and the right to a spiritual self. Removal of legal, medical, social and other barriers to achievement of right to self and identity, and rights in these areas must be provided for.
• Right to life includes the right to wellness including being well and staying well.
• The new Act must recognize that PDs, equal to others, have dreams and aspirations, and to achieve a fulfilling life, must be able to take the necessary steps of taking risk, growth and learning, on a foundation of being well and staying well.
• Funds must be clearly demarcated for CPR - LC linked interventions.
• The self help project on quality of life (supported by World Bank) can be adopted at the state and the national level.

Provisions for New Law

• Every human being has the inherent right to life and should be provided with all needs and supports so that he / she is able to live and have a good quality of life.
• Basic needs are not only physical and material needs, but also basic human intellectual (knowledge) and emotional needs. Quashing PDs' emotional life, dreams, desires and aspirations should also be treated as neglect of basic psychosocial and interdependence needs. [Article 21 jurisprudence] [Programs to change stereotypes and change attitudes of rehab experts- Awareness article]
• The new Act should criminalise the actions that amount to exclusion and neglect of basic needs and inappropriate societal practices by person or persons / family members / organisational / institutional managers (private and public) leading to aggravating the disability, diminishment of quality of life or to death. The new Act should impose penalties on the abetment of deeds leading to barriers being created for PDs.
• The new Act must provide for all basic aspects of sustaining life and quality of life, on equal basis with others, such as food and balanced nutrition, clean water, fuel, housing, environmental health & hygiene, livelihood and social security.
  1. All spaces offering services of any sort for persons with disabilities including residential care, health care, rehabilitation services, allied peripheral health, legal and other services must be conducive to enhance the quality of life of PDs on equal basis with others. Inclusivity should be a principle here, not 'special'. Such spaces must clearly provide information on the rights of PWDs who it is serving.
  2. The services must study and develop its own value base and 'good practices' in order to standardize the delivery of care.
  3. Continuing assessments of services, PD partnership in service evaluation, etc. must be encouraged by the Act.
  4. The Act must create some funds for the standardisation of ground level service delivery practices, their value base, delivery mechanisms, good practices and effectiveness.
• The New Act should pronounce on the right to life of people living in institutions, and those PDs who are homeless or abandoned by family members.

Changes in Other Laws

MTP Act - The subgroup discussed whether the right of the mother or right of the foetus should be protected. While making the new Act, the PNDT Act and the MTP need to be referred to. We are referring to these for protecting the rights of the person with disability. MTP should not be done on the basis of disability. Appropriate changes in MTP and PNDT should be brought about. Information to pregnant women, to adolescent girls, nutritional programs, etc.

Programs (Mandatory)

• Imaginative programs can be considered: Personalized care giver at home; volunteer base for home visits; people with empathetic listening skills; group living programs; peer support and networks; etc.

Programs (Optional)

To be discussed by respective sub-groups

Accessibility

To be discussed by respective sub-groups

Awareness Raising

• Stigma reduction programs, trainings, media campaigns, awareness, information and technology linked dissemination programs, capacity development of the communities, social audits and research (how has society moved, what changes have been put in place, what are the parameters for inclusion, etc.), strengthening of the judiciary, policy makers, good practices, universal design and reasonable accommodation, [MDGs can be adapted].

Top

Capacity Building

To be discussed by respective sub-groups

Others

To be discussed by respective sub-groups

Situations of Risk and Humanitarian Emergencies

To be discussed by respective sub-groups

Policy Recommendations

A situation of risk and humanitarian emergencies increases hardships for all people. Such situations lead to people acquiring disabilities. It also leads to a manifold negative impact on people who already have disabilities, as their support systems become uncertain or may completely disappear due to death or trauma faced by caregivers, or loss of assistive devices, or services. Thus there is an increase in their vulnerability during and after any crisis situation. They may not have adequate resources themselves to tide them over crisis or in poor families they may face neglect due to inadequate resources. They may not have access to information about crisis situations in appropriate formats available to the general public. They may not have the support required for moving away from situations of threats and conflicts, when populations migrate to avoid crises. Emergency intervention should not compromise right to life and liberty for PDs, but should be life enhancing First time disability diagnosis during and in the aftermath of emergencies must be multipronged, and sensitive.

• Persons with disabilities needs, in crisis situations will have to be thought through the entire intervention process from the beginning of planning, assessing, implementation, monitoring and evaluation all programs.
• Rights of persons with disabilities in all interventions like shelter, water and sanitation, food distribution, health activities, education, need to be addressed. Safety, aid and support must be ensured on equal basis with others. Medical emergency services which are disability sensitive good practice guidelines for medical emergencies in times of upheavals must be established
• Domestic agencies need to ensure that international agencies involved in interventions are also adhering to guidelines ensuring rights of persons with disabilities.

Provisions for New Law

• Persons with disabilities, including women and children with disabilities, have to be identified as a group by all agencies concerned with situations of risk and humanitarian emergencies.
• Rights of persons with disabilities will need to be recognized and ensured in risk prevention and mitigation as well as disaster preparedness, relief and reconstruction programs and policies.
• Specific evacuation methodology for PD during fire or earthquakes (lifts not possible), floods etc. to be developed - mock drills to be conducted for the same in public places / care centres for PD for both regularly deployed rescue personnel as well as citizens.
• Procedures need to be developed to consult local organizations of persons with disabilities, and of parents of children with disabilities, together with NGOs working in the field of disability, by all concerned agencies. People with disability must be involved in planning and execution of services at times of risk and emergencies People with disability must also be involved in teaching and training courses for risk and emergency situations.
• So the National Disaster Agency and other concerned organizations will be required to review all its policies and procedures to ensure that persons with disabilities rights are addressed in interventions in situations of risk and humanitarian emergencies, within a period of one year after the law comes into force.
• Medical doctors must not collude with the state or other forces or contribute to depriving emergency care to sections of people. This will tantamount to neglect, and if combined with narcoanalysis, and other such barbaric methods of truth telling, to torture.
• Guidelines need to include provisions for identification of persons with disabilities in a population for registration to ensure support is provided where needed. Specific support must be ensured for people with disability who are home-bound.

Changes in Other Laws

• So the National Disaster Agency and other concerned organizations will be required to review all its policies and procedures to ensure that persons with disabilities rights are addressed in interventions in situations of risk and humanitarian emergencies, within a period of one year after the law comes into force.

After Deliberations the following point added

National Disaster Agency is already taking initiative on disability, and supporting states in this matter. However, Disability money unutilised. They need to be advise on special equipments and programs needed. National Disaster Agency efforts need to be streamlined with the principles of UNCRPD.

Programs (Mandatory)

• Counselling services, psychotherapies, trauma reduction programs are a must in emergency situations. Cadres of people must be trained in targeted trauma reduction techniques, such as somatic healing. Guidelines must be provided so that people are not re -traumatised through services given.

After Deliberations the following point added

There is a need for dedicated programmes on disaster management for persons with disabilities addressing Accessible housing, appliances and equipments, training of paramedics, etc.

Programs (Optional)

To be discussed by respective sub-groups

Accessibility

• Universal design wherever possible in case of emergency (refugee camps etc.).
• Guidelines need to be designed by all concerned agencies to ensure that temporary facilities and shelters created during crisis situations are accessible.
• All concerned agencies need to ensure that all reconstruction after the crisis follows guidelines to ensure accessibility or follows universal design principles.

Awareness Raising

To be discussed by respective sub-groups

Capacity Building

• The responses need to be inclusive and accessible by ensuring that the needs of persons with disabilities are incorporated during the intervention by all concerned agencies. Training to emergency personnel on emergency transfers, specific medical needs of people with disability and communication in alternate formats and languages including communicating with people with pre-existing psychosocial??
• Specific training must be provided to all agencies involved in managing situations of risk and humanitarian emergencies to recognize the capacity of persons with disability to act as support in situations of risk and emergency and spaces to volunteer and contribute in other ways on equal basis with others [paramedics].

Others

To be discussed by respective sub-groups

Top

Right to Liberty

Policy Recommendations

• The law should dismantle barriers, but should allow for the making of policies and programs which facilitate right to life in community settings. (e.g. the Corporation Act, Beggary Act, Railways Act, Mental health Act, under which various special custodial institutions are run, is a huge barrier to community mental health and programs in natural settings).

Provisions for New Law

• The UNCRPD is unambiguous on the claim that deprivation of liberty cannot happen on the basis of disability.

After Deliberations

It was agreed that the core part of the right to liberty that is the state obligation not to deny liberty except with the due observance of fair process will be fleshed out.

Changes in Other Laws

After Deliberations The following Acts were added CRPC, Evidence Act, Beggary Prevention Act (of relevance to PDs), Mental Health Act (cannot comply with the UNCRPD)

Pro-liberty Programs (Mandatory)

• To experience wellness, a non-violent (violence free) environment is a precondition. Programs to promote values of peace, love and non-violence in schools must be encouraged by the law. (e.g the No Plastic Bag, No Tobacco, campaigns have had much success in schools.)
• The law must encourage programs that promote such values and practices in neighbourhoods, service programs, families, social groups as well as in public life in general.
• As conflict is a justice issue, suitable judicial and parajudicial programs must be enabled which will provide for arbitrations and negotiations during situations of family conflict (Police are not the best persons to be doing this.)

After Deliberations

• No precedent in law. [Why are we having this provision will be a critical question to answer].
• Duty of protection, not just duty of avoidance. To get people to think differently on liberty.
• Not just awareness raising, but also internalizing practice of liberty- observance component of the law. Positive component is put there to strengthen observance component of the law.
• [accept diversity...] generically, and then give illustrations, so that guidance is given in the statute

Programs (Optional)

To be discussed by respective sub-groups

Accessibility

To be discussed by respective sub-groups

Awareness Raising

To be discussed by respective sub-groups

Capacity Building

• Capacity building programs for Families and care providers on care giving / giving support (e.g. Aadi's 4 principles program focuses on dignity, having control over own decisions, purpose of life, and social network).
• Trainings on right to life, liberty and living, and caring must be provided to doctors as well as part of their sensitisation.

Others

• Medico legal custodial institutions which deprive liberty on the basis of disability are not in the spirit of the UNCRPD. PWDA need not provide for special institutions.
• Therefore a regulated program needs to be established in all disabilities so that there is a timely phasing out of custodial institutions, with tandem development of community services (community living programs, group homes, parents' committees, etc.) and social safeguards for the institutionalised persons. A 'ramping facility' needs to be provided in law so that people from institutions can come into the mainstream. [Input for Health and rehab group]
• Institutions cannot be a permanent living option. [Input for Health and rehab group]
• This must be seen in context linking with right to community living. Community living programs and activities must be inclusive. Model programs based on guidelines / best practices must be built. [Schedules must be provided in the Act]. [Input for Health and rehab group]
• Long term living options for PDs - Right to service can be ensured only by government. Monitoring strategies should be strengthened. Quality of life must be assured. Group homes, community homes, etc. should not become one more place for dumping. Model programs based on guidelines / best practices must be built. [Rules and Schedules for long term living options.] [Input for Article on Community Living]
• The rights of children with disabilities should be ensured by child protection laws.
• These choices of group housing, community living, etc. are only illustrative, not exhaustive. Independent living means PDs live where they choose to live.
• Residential services on short term (a week to 10 days or so) on a hospice, recovery and retreat basis can be provided for, which are non custodial, offering a range of alternatives and catering to all the fitness and well being needs of all PDs. [Input for health and rehab team]
• Integration into the public health system: All medical and tertiary care needs can be provided in an integrated manner through the strengthening of public health system. Capacity building of doctors, and all staff linked to the medical system is a must. Integration with MOHFW on this aspect must be dialogued about. [Input for rehab team]
• The first time a person or family members recognize disability is a critical step where liberties are often compromised. Provisions must refer to preservation of right to liberty in the first instance where it is 'discovered'. Early intervention, diagnostic practices, and service delivery must be integrated and sensitive. In most of these interventions, children or young adults are involved, so developmental concerns must be kept in mind, ensuring quality of life in the long term, and protections from deskilling and from multiplying barriers (education, work, friendships, relationships, marriage, property, and other legal, social barriers) Input for health and rehabilitation subgroup.
• All services must be provided in natural living environments to maximise community and family support for PDs.

After Deliberation

ALL these recommendations shifted to the appropriate chapter of the new law.

Top

Right to integrity:

Policy Recommendations

• All laws, policies and practices must be rectified immediately, wherever it is there, which sets up barriers to the right to integrity.

Provisions for New Law

• Right to integrity is about personal identity. The 'RIGHT TO BE YOU' and the barriers to that. Right to affirm oneself as a whole person in a physical and mental sense.
• Articles (12, 17) must be read together.
• The new Act must ensure the safety of occupying one's own personal space. Good touch / bad touch, illustratively, is significant for people in wheel chairs or those being led. Every PWD would have experience of lacking safety in one's personal environment.
• Refer to standard interpretation of integrity in other human rights acts and jurisprudence.
• Right to integrity is linked with right to privacy, liberty, freedom of expression, right to be protected from violence, abuse and exploitation.
• Within the context of medical services, right to integrity is linked to right to liberty, right to consent, right to choice, and right to services in the natural settings, and right to be protected from abuse and violence, and right to protection from inhuman, degrading and torturous treatments.
• Right to integrity includes both bodily and mental integrity (e.g. domestic violence Act recognizes the latter.)
• Right to integrity must be equally assured in case of people who are homeless and within institutions, both private and public.

After Deliberations

• [offences] Prohibitions of gross violations / conduct / practices.
• Pejorative, harmful, cruel actions [SC/ST atrocities Act] + general penalty clause.
• Sub group members to send concrete illustrations of how integrity is deprived.
• This one is about upholding respect.
• Respectful communication: Making people feel they are not capable of anything (diminishing of identity)
• Labelling, calling names, hate speech
• Underdog mentality
• Psychedelic inputs causing terror and fear
• Verbal and emotional violence
• Wanting to be left alone when hearing voices
• Underestimating the person, talking about the person to somebody else.
• Mental integrity
• The kinds of practices / conduct which it will be difficult to categorise as abuse and exploitation, undermine their identity, those will come here. Those which anybody would agree is abuse... goes into that article.

Changes in Other Laws

To be discussed by respective sub-groups

• Programs (Mandatory)

After Deliberations

To be discussed by respective sub-groups

Add examples of Positive rights:

• Programs (Optional)
• Accessibility
• Awareness Raising
• Capacity Building
• Others

Top

Rights against Abuse and exploitation:

Policy Recommendations

This right should be read against and harmonized against the right to non discrimination, right to integrity, right to consent / health.

Provisions for New Law

• Abuse and exploitation as defined in other acts such as DVA, sexual harassment act, SCST atrocities Act, etc. can be considered. CrPC provisions can be considered. UN Convention against torture for definition of torture. Found in UNCRPD preamble.
• The new Act must consider that medical environments can be abusive and exploitative. Medical ethics references must be made to prevent the use of inhuman, degrading and torturous practices. There must be active dialogue with MOHFW to take up this aspect of best practices seriously. Such concerns must also reflect in the Health and Rehab articles of this new Act.
• Some focus on the higher risks of women, children (both boys and girls), elderly and multiply vulnerable PWDs to abuse.

Changes in Other Laws

Domestic Violence Act

Sexual Offences Bill

Programs (Mandatory)

• There is absolutely no cover for the disabled street child and women with disabilities who are homeless. Creating support systems (soup kitchens, night shelters, spaces for personal hygiene in their natural environment is a must.)
• Benefits for the child with disability could be covered by the PWDA.

Programs (Optional)

To be discussed by respective sub-groups

Accessibility

To be discussed by respective sub-groups

Awareness Raising

To be discussed by respective sub-groups

Capacity Building

To be discussed by respective sub-groups

Others

To be discussed by respective sub-groups

Top

Right to Privacy

Policy Recommendations

• In the rural set up, personal care, hygiene, (especially women with disabilities), toilets etc. must be looked at (Development issue).
• Privacy in work and public places must be considered.

After Deliberations

Should Work places have policy on privacy for persons with disability?? ( here or under employment section )

• Designing of group homes and other community living options should consider personal space requirements and privacy needs.

Provisions for New Law

• Privacy and having a boundary is central to anyone's experience of personhood. Not having an assurance of privacy leads to loss of dignity, shaming, and disrespect.
• Reasonable accommodation and necessary support must factor in personalized needs for privacy. The balance between disclosure and privacy is a matter to be decided by PWD if necessary with support group, including family.
• Protection of privacy in personal hygiene and self care within the home environment is a must.
• Privacy needs must be addressed by balancing need for being alone, and need for being supported. Neglect on the one hand must be balanced by overprotection on the other hand.
• Sexual identity and needs of PWDs also brings up issues of privacy (e.g. case study of woman with disability put into a room with lots of male cousins).
• Media, courts, printed and electronic channels, movies, medical and other kinds of health services must assure privacy. Use of private information in media, courts and medical services must be regulated. (Case study of woman with mental illness whose privacy was invaded for weeks by a local newspaper in Maharashtra.)
• Medical services must assure privacy in routine delivery of health and mental health care. Often only families are consulted, not PWD.
• Privacy in situations of medical emergencies must be assured.
• Ministry website having names and other details of PWDs must be edited out.
• There must be a mechanism that should look at whether reasonable accommodation is being monitored???? (what is meant)

After Deliberations

• Contextuality.
• No legislative text only judicially enunciated.
• Ethical guidelines when doing Research on PDs

Changes in Other Laws

After Deliberations

The following Acts were added Data protection Act, Right to Health Bill, Implied right in the constitution (21, 19A), Women and children, SC ST atrocities Act

• Programs (Mandatory)
• Programs (Optional)
• Accessibility
• Awareness Raising

After Deliberations

The Sub-group discussed situations where a persons with disability's personal and private matters are discussed openly in front of the person with disability [and not acknowledging their presence] and without the person with disability's consent.

Capacity Building

• Illustrative programs: All courses, including professional courses, must include trainings on aspects of respect for privacy, dignity, personal integrity.
• PWD should be provided with information and learning so that they know what choices to make on privacy.

Others

To be discussed by respective sub-groups

Top

Right to Freedom of Expression

Policy Recommendations

• The provisions for communication must not be treated as some kind of filling a gap or deficit. As human beings we do have a huge repertoire of expressing ourselves, albeit most of never use most of these imaginative, intuitive and sensory faculties, depending primarily on spoken or written language.
• Various fora should be made available for them to express their views.
• The new Act must facilitate the strengthening of the existing national institutes for innovation in communication for disabilities. More research on AAC to allow for total communication methods and technologies suited for the same.

After Deliberation

Include Sign language in definition.

Provisions for New Law

• The concept of 'communication' must be looked at more broadly, as helping people connect with each other in a meaningful and empathetic way. (For Definition in Law)
• Communication should be across domains, cultures, linguistic backgrounds, individualised forms of expression, non verbal communication, metaphorical communication, etc.
• Freedom of expression creates an atmosphere of support and care for the larger community. It helps in creating tolerant, adaptive and caring cultures. It creates safe emotional environments.
• The PD should have the freedom to express oneself in any way they choose to.
• All modes and forms of expression of PDs to be accepted / recognized.
• The views and opinions of PWDs expressed should be accepted and not be judged or criticised. Validation and affirmation of what PDs express, and the right to be listened to, should be provided for.
• Language as a system of communication is based on cognitive ability. Social and Emotional communication (e.g. receiving or giving a hug) is also to be developed to foster interdependence.
• Personal assistance, communication interpreters and supports to be provided for expressing oneself.
• Freedom of expression must be established in medical contexts, without it being considered as a further symptom of disability????

After Deliberation

What is the importance of freedom of expression for persons with disabilities. Why?

Changes in Other Laws

After Deliberation

Amend Constitution

To be discussed by respective sub-groups

Programs (Mandatory)

• [Provide Explanation] We must be enabled to talk about the right to "emotionally safe" environments and the access to that. What would be 'emotionally safe communication', which will break barriers between people to connect? Programs on assertive communication, creative communication, non violent communication, holding dialogues and trialogues, etc. can be fostered by the Act.

Programs (Optional)

To be discussed by respective sub-groups

Accessibility

To be discussed by respective sub-groups

Awareness Raising

To be discussed by respective sub-groups

Capacity Building

• People's creativity is a way of communication. Care givers, and supported networks must attend to creative expression with equal seriousness. The Act must facilitate good 'reception' and listening skills of care givers.

After Deliberations

Mandated provision on programs of Alternative modes of communication, including AAC, sign language

Others

To be discussed by respective sub-groups

Top

Right of Access to Justice

Policy Recommendations

Research on AAC should be developed vis a viz judicial systems and the access to justice.

• All legal services, private??? and public, should be disability sensitive.
• To address the issue of personnel, the new Act must create cadres of paralegal professionals and volunteers.

Provisions for New Law

• Justice system is the key holder of CPR and LC for PDs. The Act must provide for intersections with judiciary.
• All laws must presume / recognize / respect the full legal capacity of all people including PDs.
• Access includes [1] Access to take action against a wrong doer and [2] Access to the judicial system.
• PDs testimonial (e.g. blind people's and deaf people's testimonies) must be accepted in courts as evidence.
• Right of Access to Justice will be realized by recognition and Accessibility of communication at all levels, right from police level, to the level of supreme court. Accessible formats and language: AAC, interpreters, Braille, sign and tactile language, personal assistance, or any other mode of communication.
• [Explain]. Recognition of legal capacity, reasonable accommodations and supported decision making (mechanisms for recognition of support person) should be in place while accessing justice.
• Accessible judicial systems must be available at the block level, deployment of personnel and resources. Refer Human Rights Acts and structures and services therein (State, District Human Rights Courts).????

After Deliberations

• The law will explicitly mention the duty holders.
• Right to legal services

Changes in Other Laws

PDs testimonial (e.g. blind people's and deaf people's testimonies) must be accepted in courts as evidence.

• Institutions such as NALSA (National Legal Services Authority) would need to examine the National Legal Services Authorities Act, and refurbish the system and services on principles of inclusion and access to justice for PD, made to comply with UNCRPD. Legal courts linked with LSAA should be looked at and strengthened.
• Various commissions can be activated on disabilities; HR commissions, women's commissions, minority, child rights, SC, ST, backward.
• Programs (Mandatory)
• Programs (Optional)
• Accessibility
• Physical access to the courts or to any judicial system must be immediately done.

Awareness Raising

To be discussed by respective sub-groups

Capacity Building

• Train various cadres on the new Law (mandatory), interpretation in continuing education programs. Attitude training built into the law.
• There was a discussion on improving the caring capabilities of the judicial system, which is a highly cognitive system. Emotional intelligence of this system to be addressed, by finding sensitive judges and influencing them to instil sensitivities. Capacity Building of the judiciary is a must.
• Block level legal service authority must be sensitised to human rights of all peoples including people with disabilities.
• Quasi judicial systems and authorities (e.g. family court, Tribunals, Commissionerates, higher level people in civil service, etc.) must be trained as well on disability sensitivities.
• Lok adalats, gram nyalaya, juvenile courts and ADRs must be sensitized.
• Prison and police authorities must be trained in disabilities.
• Capacity building with different cadres on disability should aim to develop empathy, listening skills and other qualities of relating with society and with PWDs and not just be on basic information.
• Right of Access to justice for PDs must be included into all legal trainings, all legal curriculum, trainings of judges in training, all cadres of the judiciary including advocates.
• Medical professionals to be trained on disability rights and the new Law.

Others

• Research and documentation on Disability law and case work in the Indian context. A Glossary on disability and law will be useful.

Liberty of Movement and Nationality

To be discussed by respective sub-groups

Policy Recommendations

• Ensure procedures that will be established and ensure free movement between countries.

After Deliberations

India can enter into various other country governments on free movement between countries. All countries who ratified the UNCRPD can't refuse.

Provisions for New Law

• Ensure that there are universal designs and accessible processes for issuing of identity cards, voter ID cards, Bank pass books and ATM cards, Credit Cards, Pan Numbers, Drivers License, Passport, ration cards, Unique Identification Number, BPL cards, medical and health insurance cards, to people with disability on an equal basis with all other citizens. Disability should not be a ground for denial of passport or any other such document that proves ones nationality or residence within the nation.
• Ensure that People with disability have the right to acquire or change nationality on an equal basis with others and would not be deprived of the right on the basis of disability???

After Deliberation

Points to consider: If entitlements are there, duty bearers have to be apprised of it. You fail to honour, it becomes negligence on the part of duty bearers.

Changes in Other Laws

After Deliberations

Adoption laws need to be changed as the child has a right to know who his or her parents are.

• Programs (Mandatory)
• Programs (Optional)
• Accessibility
• Awareness Raising
• Capacity Building
• Others

Respect for Home and the Family

To be discussed by respective sub-groups

Policy Recommendations

• Absence of opportunity - not just denial of opportunity when it arises. PD (especially women) are often invisibly discriminated - they never go out of the house, let alone to schools etc. It is assumed that even a person with mild disability will be with family till the end. As seen in some cases this is far from the active life that some of India's PD lead... IF opportunities exist and are provided.

Provisions for New Law

• Ensure that people with disability have the right to marriage, family, parenthood, and relationships on an equal basis with others.

After Deliberation: Provision to be made in secular terms and not based on any religion or personal laws.

• Ensure non discriminatory procedures for people with disability to raise children of biological origin or adopt children according to their choice. It must also ensure support measures and necessary assistance to raise children.
• Ensure people with disability to retain their fertility
• Ensure the right of children with disability to live with their families, and not be separated from their parents or families

Changes in Other Laws

• Divorce on the basis of disability? Think through on strategy and formulate.
• Ensure that people with disability have the right to marriage, family, parenthood, and relationships on an equal basis with others.
• Ensure non discriminatory procedures for people with disability to raise children of biological origin or adopt children according to their choice. It must also ensure support measures and necessary assistance to raise children.

Programs (Mandatory)

After Deliberations

• Programs for retaining children, on an equal basis with other members in the community
• Think through more programs that will ensure the right to fertility of children and adults with disabilities

Programs (Optional)

To be discussed by respective sub-groups

Accessibility

To be discussed by respective sub-groups

Awareness Raising

• Ensure awareness, training and services on social model of disability, stigma,
• Create awareness to respect the decisions made by people with disability on all matters related to family life, relationships, founding a family and raising children

Capacity Building

To be discussed by respective sub-groups

Others

After Deliberations it was decided to add two sections on:

• Home bound persons with disabilities
• institutionalised persons with disabilities

Personal Mobility

To be discussed by respective sub-groups

Policy Recommendations

To be discussed by respective sub-groups

Top

Provisions for New Law

• Personal mobility is crucial to the independence, dignity and positive self concept of people with disability.
• Home space should be free space, where a PD is allowed full liberties to move and act.
• Home space should be equitable, where PD is treated on equal basis with all others, having access to care and affection, support, resources, risk taking, growth and self expression.
• There must be prohibitions against house arrest of PDs. In hospital in patient settings, personal mobility must not be restricted on grounds of disability (e.g. will cause harm to self and others). ]????

States Parties shall take effective measures to ensure personal mobility with the greatest possible independence for persons with disabilities, including by:

• Guide animals should be allowed (especially during travel and subsequent accommodation) when requested.

After Deliberation the followings points were added

• Driving license should not be denied on the basis of disability. All persons with disabilities should be able to get a license on equal basis with others: License to drive and adapt your vehicle.
• Cadre of national disability services requires approval from Rajya Sabha. Committee can make a very strong recommendation in its Report
• Tandem between this article and accessibility
• Induct personal mobility into the right to rehabilitation

Changes in Other Laws

To be discussed by respective sub-groups

Programs (Mandatory)

• Inability to repair is not just inconvenient especially in semi-urban and rural areas, the use and throw practice is not environment friendly.
• People with disability have access to trained human resource that facilitate the process of procuring the good quality mobility aids and assistive devices/services and link them to functional skills in daily life, education, employment, recreation, health etc.

Programs (Optional)

To be discussed by respective sub-groups

Accessibility

• Good quality, according to standards established, mobility aids, devices, assistive technologies, live assistance and intermediaries etc. in affordable cost in rural, urban, hilly areas should be easily available to people with disability.
• Information about the aids assistive devices, live assistance should be available in accessible formats and languages. This information must include the ways of procuring such assistance with details of financial support.
• The quality mobility aids, devices, assistive technologies, live assistance are available in places where the person with disability can make effective use of e.g. homes/ pre schools/schools/secondary schools/ colleges/ workplace/residential homes/group homes etc in rural urban settings and in various difficult inaccessible terrains as well. (With locally viable adaptations).

Awareness Raising

To be discussed by respective sub-groups

Capacity Building

To be discussed by respective sub-groups

Others

To be discussed by respective sub-groups

Living Independently and in the Community

To be discussed by respective sub-groups

Policy Recommendations

• People with disability shall have access to financial schemes that would enable them to choose an option of living according to their choice.
• Living in institution is not a permanent solution. State has to arrange for alternative living arrangements for PDs in institutions.
• People with disability should have access to a range of living options including foster care, group homes in community settings, shared houses, paying guest accommodation, serviced apartments, residential schools, youth hostels, old age community homes, assisted living spaces.

Provisions for New Law

• People with disability have a right to choose their place of residence and not be obliged to live in a particular living arrangement.
• A National Institute of assisted and independent living shall be established under the New Act which will be guide by the basic principles of the New Act and the vision of Assisted And supported living as envisaged by people with disability themselves [ AUTHORITY]

Changes in Other Laws

Living independently and being included in the community

Programs (Mandatory)

• Support services to enable people with disability to live in their natural surroundings must be made available and it also must be ensured that these services are available at a low cost to people with disability in difficult circumstances.
• State shall provide dignified living options to people with disability who are homeless, abandoned and with multiple vulnerabilities. These options will be community based and shall ensure quality services.
• Community mechanisms for inclusion must be laid out, including peer support systems, local healing services, community networks, centres for making first contact, multipurpose workers who can provide first level counselling and immediately needed services at a single point, etc.

After Deliberations it was decided to look into details for indigenised models of Independent living

• CBR efforts
• National Trust Scheme [Gharonda]

Programs (Optional)

To be discussed by respective sub-groups

Accessibility

• Availability of personal assistance, skilled interpreters, technology aids at reasonable price, etc. to ensure smooth passage of PDs in community. Recognition of sign language in society and more knowledge of this language.
• Access of basic and necessary services, such as ATMs, phone booths, eateries, rentals, public transport, and other necessities of life.

Awareness Raising

• Basic approach of society to be one of inclusion of everyone, including values of tolerance, respect for diversity, empathy.

Capacity Building

• Independence trainings for care givers and for PDs, so that community relationships are built on mutual contribution and respect

Others

To be discussed by respective sub-groups

Right to Political Participation

To be discussed by respective sub-groups

Policy Recommendations

• Consider PDs as eminent citizens and role models in public functions, inaugurations, etc. of all manner of public events on equal basis with others.
• Include PDs in all policy and legal matters of the country having relevance for people as a whole, and inclusion not just in policies and laws on disabilities (e.g. environment policy, urban planning, forest, nutrition / health, etc.)
• Consider PDs on equal basis as OTHERS for representation in UN, other domestic and international expert bodies in the capacity of role models, emissaries and ambassadors.
• Strengthen the role of PDs in Panchayati Raj system
• Mandate political parties to have a wing on disabilities, on the lines of women, youth etc. that already exist. [
• Ensure the right to form associations of PDs including for people with psychosocial and intellectual disabilities.
• Ensue education of people with disability prepares the persons at young age for participation in public and political affairs.( Part of school and college education system and these all shall be accessible to all in accessible formats and languages etc.( Audio-visual, sign language, tough sign language, Braille, software, people supported etc.etc)

Provisions for New Law

• Recognize persons with disability as equal participants in political life-as voters, leaders, reformers at all levels ( From Panchayat to parliament)
• The topic of home bound PDs to be seriously addressed in the new Act. There must be a way of registering home bound PDs and their family members and some public mechanism of tracking their survival and well being. [
• Address the topic of institutionalised PDs seriously. They are farthest away from democratic process. There must be a way of registering them, and a public mechanism of tracking their survival and well being.

Changes in Other Laws

• Recognize persons with disability as equal participants in political life-as voters, leaders, reformers at all levels ( From Panchayat to parliament)
• The topic of home bound PDs to be seriously addressed in the new Act. There must be a way of registering home bound PDs and their family members and some public mechanism of tracking their survival and well being. [
• Address the topic of institutionalised PDs seriously. They are farthest away from democratic process. There must be a way of registering them, and a public mechanism of tracking their survival and well being.
• Provide for reservation of a certain percentage of PDs in political spheres at all levels.... including in local governance (as in the precedent of SC/ST seats, women in each election.
• Dismantle laws excluding PDs on basis of disability from contracting, voting, employment, marriage,
• E.g. Representation of People's Act 'definition of ordinary resident' [postal / electronic voting: institutionalised people to have electoral rights.]

Programs (Mandatory)

To be discussed by respective sub-groups

Programs (Optional)

To be discussed by respective sub-groups

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Accessibility

• Ensure availability of information and documents (all government publications as well) in accessible formats and languages for people with disability to participate in political and public life.
• Ensure Public parks, community centres; malls, cinema halls, etc. are accessible and welcoming of PDs.

Awareness Raising

• Mandate the ministries - (MOSJE) to build public image of PDs through recognized programs.
• Remove cultural barriers and stigma to participation in political and public life (e.g. stigma about disability and hence, not being invited to marriages and other 'sacred' functions).

Capacity Building

• Ensure all bodies mentioned above be sensitized and trained for mechanism of participation of persons with disability in various affairs related to public and political matters.

Others

To be discussed by respective sub-groups

Participation in Cultural Life, Recreation, Leisure and Sports

To be discussed by respective sub-groups

Policy Recommendations

• This right is fundamental to a PDs experiencing thriving sense of well being, rather than being just functional. This right links to fitness, identity and belonging, social networks, friendships and support groups, being creative, expressing oneself freely and enjoying positive emotions. Growth and creativity factor is centrally found in this right.
• Courses in Arts and cultural subjects to be redesigned to cater students with disability in inclusive settings. Teaching and training schools for these activities to be inclusive, and disability sensitive. Classroom infrastructure and facilities must be accessible.
• Admission to all schools / colleges of arts, performing arts and drama.
• Ministry of Culture and Ministry of Sports should develop policy and programme in designing inclusive games/sports/ recreation activities Recreational technologies to be adapted for PDs. Design institutes can devote time to new technologies for PDs.
• Research on adaptability to different sports and games - for e.g. blind cricket alternative to regular cricket. Games invented with disabilities in mind from the start.
• All cultural activities, art forms are accessible to persons with disability to learn perform and enjoy. Focus on research to adapt cultural forms to suit people with disability. Appreciating art must be an option available in schools and colleges.

After Deliberations the following points were added

• Encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels. In addition concerted efforts should be made to promote integrated sports, cultural, vocational skill and leisure activities both in the urban and rural areas.
• Setting up of National Institutes of Disability Arts and Drama to promote disability art and literature that is unique to disability e.g. Photography by blind person was proposed but no consensus reached on the same.

Provisions for New Law

• All cultural/recreational programmes shall have multi sensory features to cater all persons with disability ( Braille form, hearing loops, interpreters and provision of designing the programme for persons with intellectual impairment)
• All opportunities for recreation, leisure, sports and cultural activities are inclusive.

After Deliberations the following points were added

• Persons with disability have a right to lead a good quality life and be a part of mainstream society. In order to make them an integral part of the society, it is imperative that they are provided access, opportunities, and encouragement to take part on an equal basis with others in cultural life, recreation, leisure an sports. This is an aspect which needs taking appropriate actions to ensure that persons with disabilities take part in mainstream activities as well as disability specific activities particularly in the area of culture, sports and recreation. This would necessitate development and expansion of facilities, allocation of appropriate resources so that they can enjoy their rights without discrimination.
• The appropriate Government and local authorities shall allocate adequate funds to make it possible for better utilization of existing facilities and opportunities. They should also promote creation of opportunities for further development and utilization of existing but latent creative, artistic and intellectual potential of persons with disabilities, not only for their own benefit, but also for the enrichment of society.
• No person will be denied access to and participation in sports, cultural, recreation and other co-curricular and extra-curricular activities on grounds of disabilities. A provision of adequate funds shall be made for ensuring promotion of these activities.
• Ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including activities in schools;

Changes in Other Laws

To be discussed by respective sub-groups

Programs (Mandatory)

After Deliberations the following point added

1. Make recreation and sports a part of the academic curriculum. Opportunities should be provided to Physical Education teachers and support staff for promotion of facilities and encouragement of integrated sports, culture and leisure activities in their own environment.

Programs (Optional)

To be discussed by respective sub-groups

Accessibility

• All sports stadium, complexes, cultural places, theatres, cinema halls, exhibition centres, etc to be accessible, having ramps, lifts, audio systems, visual clippings, hearing loops etc to cater to persons with disability as audience and as active participants as artist, players etc.

After Deliberations the following point added

• Ensure that persons with disabilities have full access to sporting, recreational and tourism venues. This will enable them to show that anything is possible by promoting and encouraging a positive lifestyle. It is imperative that by making the infrastructure accessible and not making the services available to persons with disabilities may not enable persons with disability to use such facilities and services that are available to general public. Such an act should be considered as discrimination and infringing the rights based approach.

Awareness Raising

After Deliberations the following point was added

1. Special efforts should be made to devise and promote and popularize disability specific events for persons with disabilities to enable reinforcement of positive attitude of society towards people with disabilities. They should also be provided adequate funds, opportunities and accessible areas to organize, develop and participate in disability-specific sporting and recreational activities.

Capacity Building

1. Encourage introducing new programmes and modules in their existing training programmes for the trainers and persons with disabilities for provision of appropriate instruction, training and resources using latest available technology.

Others

To be discussed by respective sub-groups

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