Consensus Paper

Part VI: Constituencies Mandating Enhanced Attention

Other than dedicated chapters on women and children with disabilities, the Committee is also being asked to consider whether explicit provisions should be included for Home Bound Persons with Disabilities and Aged with

Women with disabilities

This part of the law is still work under progress. At present the sub-group working on the right has reached the following decisions

  • There will be an explicit mention of discrimination by reason of gender in the right to equality and non discrimination. Consequently the definition of reasonable accommodation shall be suitably gendered.
  • There is a need to introduce the gender component at least in
    • Education
    • Employment
    • Health
    • Abuse and Violence
    • Home and Family
  • Other than the above the Committee would also need to consider how to promote and ensure a gendered understanding of the rights guaranteed under the new law. The legal consultant has been mandated to research this issue and a till date report shall be presented on the 19th-20th Oct meeting.
  • There should be an explicit prohibition on non -medical hysterectomy
  • The Committee also needs to deliberate on whether accountability, monitoring, redress and punishment were required for the enforcement of every right for WD? This matter needs consideration because of the distinct nature of each strategy.

Children with Disabilities

The sub-group dealing with this issue is recommending the following format for this part of the law

Double twin track

  • Dedicated Chapter in the new law which would address the particular concerns of children
    • Recognition to evolving capacity of child and balancing it with best interest
    • Access to justice
    • Freedom from exploitation violence and abuse
    • Right to nationality and to know and be cared for by their parents
    • Retaining of fertility
    • Right to a family life
    • Right to live in the community and the issue of abandonment
    • Right to Alternative Care
    • Right to free and compulsory education
    • Disability specific health services
    • Social protection programs
    • Right to political participation
    • Right to leisure culture and sport
  • Appropriate reference to this legislation in other legislations where children with disabilities are mentioned Illustratively the Juvenile Justice ( Care and Protection of Children) Act 2000
  • Second reference to children in the appropriate right where denial is expressly acute. For example an express mention to children in freedom from violence abuse and exploitation; in the right to education; in right to home and family; in leisure culture and sport.