The UNCRPD marks a paradigm shift away from the medico-charity model
of disability. It is based on the precept of the “social model ”
which recognises disability as ‘an evolving concept’ resulting
from ‘the interaction between persons with impairments and attitudinal
and environmental barriers that hinders full and effective
participation in society on an equal basis with others.1
As per the guidelines set by UN the Country Report would contain
information about the activities of the State in upholding and
implementing the UNCRPD viz., the protection and promotion of human
rights and as well as information on non-discrimination and equality,
and effective remedies, in accordance with the harmonized guidelines.
In addition we would like to highlight the efforts of the non-state
parties like NGOs, individuals, private organisations etc that has been
path breaking. These could be individual success story, best practices
or any activity that has been instrumental in bringing about change in
the lives of persons with disabilities in the true spirit of UNCPRD.
There is a lisitng of UNCPRD articles, a brief explanation of the
article and some examples of issues on which you could send in
information. You are free to send information on any other matter
that is relevant to the articles on UNCPRD in letter and spirit.
You could write to us at [email protected].
We would also be thankful if you could let us know of any individuals
or organizations working for disability rights in parts of the country
which lack access to the internet and we will proactively reach them.
ARTICLE 6 WOMEN WITH DISABILITIES
Explanation
Women and girls with disabilities face all types of discrimination.
Some Examples
-
Cases and judgements of SHRC, WC, Disability Commissioners
office, High Court, Domestic Violence Act
-
Studies / Reports
-
Central / State initiative or action to support the growth and
empowerment of women with disabilities
-
Success Stories
-
Central or State government scheme
-
Any initiative by Private sector
Feed Back
ARTICLE 7 CHILDREN WITH DISABILITIES
Explanation
- Priority to children in matters that concern children
- Children with disabilities have the right to express their
opinion and that their opinion is taken into account. Children with
disabilities get help appropriate to their age they need to express
their opinions
Some Examples
- Success Stories
- Parent Groups / Schools
- Best Practices by Schools
- Cases and judgements concerning children ( JJA)
- Studies / Reports
Feed Back
ARTICLE 8 AWARENESS-RAISING
Explanation
Stereotypes are incorrect notions that classify and assume negative
traits. Stereotypes are often damaging which leads to discrimination
against persons with disabilities.
Some Examples
- Mechanism to fight against stereotypes of persons with
disabilities;
- Central / State laws / rules
- Cases of discrimination
- Court Orders
- Highlight public campaigns about the rights of persons with
disabilities that show that persons with disabilities have the same
rights as all people;
- Movies [English, Hindi or Regional]
- Television Serials [English, Hindi or Regional]
- Advertisements [English, Hindi or Regional]
- Poster [English, Hindi or Regional]
- Efforts of Central / State to encourage cinema. Media to portray
positive images of persons with disabilities that that recognise and
respect them as members of society
- Image of persons with disabilities in workplaces /
hospitals /
schools / public places etc
- Cases of discrimination
- Court Orders
- Best Practices
- Training and awareness programmes on the UNCRPD principles
- Govt. Disability Commissioners Office
- NGO
Feed Back
ARTICLE 9 ACCESSIBILITY
Explanation
Eliminate barriers that persons with disabilities face in buildings,
the outdoors, transport, information, communication and services, in
both cities and the countryside..
Some Examples
- Buildings, roads, transportation, indoor and outdoor objects, for
example, schools, housing, hospitals, health centres, and workplaces;
- Government laws on Accessibility
- Instances of implementation of accessibility in new projects and
- Instances of implementation of accessibility in existing
buildings
- Best Practices by private sector on accessibility
- Access Audits carried out by individuals. NGOs, access audit
consultants, and Govt.
- PIL on access, orders by various judicial authorises on access
- Accessible Websites
- Implementation of State govt. And central govt website of the new
accessibility guidelines by govt. Of india
- Access Audits of Websites
- Best Practices of private sector websites
- Private businesses and organizations that are open to the public
are
accessible for persons with disabilities;
- Malls, Offices etc
- Implementation
- Access Audits carried out
- Training for accessibility and other issues concerning persons
with
disabilities need when it comes to accessibility;
- Airline staff, etc
- Braille signs and easy to read and understand information
for
blind persons
- Public Places
- Restaurants [Menu]
- Museums, etc
Feed Back
ARTICLE 10 RIGHT TO LIFE
Explanation
All persons with disabilities have the right to life.
Some Examples
Highlight central government / state government law /
schemes other than prevention of disability and is recognising
the value of disabled life.
Feed Back
ARTICLE 11 SITUATIONS OF RISK AND HUMANITARIAN EMERGENCIES
Explanation
Protection of persons with disabilities in the case of war, natural
catastrophes or other emergencies.
Some Examples
- Statistics on how many persons become disabled during communal
violence, natural disasters, riots
- Policy on prevention and management of disaster manmade or
natural
with respect to persons with disabilities.
- Industrial disasters… e.g. Bhopal Gas tragedy.
- Rehabilitation
- Compensation Package
- Statistics
- Policy by Private sector
- law and policy and schemes…tsunami, earth quake..where persons
with
disability figure..
Feed Back
ARTICLE 12 EQUAL RECOGNITION AS A PERSON BEFORE THE LAW
Explanation
Persons with disabilities have the right to be recognised as people
before the law and have the same legal capacity to make choices / take
decisions in every aspects of their lives including legal issues.
Persons with disabilities have the right to own or buy property; to
control their money or other financial affairs; and get bank loans,
mortgages and credit.
Some Examples
- Policies / Schemes on providing support for persons with
disabilities by Central /State governments
- Guardianship and support..National Trust now has depository
..various people who have been awarded guardian ship.
- Parivaar project on supported decisions
- Equal access to bank loans: special provisions for people with
disability. What support given for wheel chair users for getting
bank loans.
- Is any special provisions are there for blind persons for
obtaining
bank loans. RBI has given guidelines for issuing bank loans for
disabled persons and persons with blindness.
- Whole financial regulations around disability persons while
sanction
a loan. Are there any specific instructions for loan disbursing officer?
- National Handicapped Finance Corporation. Services:
Insurance,
social security, financial, credit etc.
Feed Back
ARTICLE 13 ACCESS TO JUSTICE
Explanation
Persons with disabilities can access the justice system wth
reasonable and age-appropriate accommodation so that persons with
disabilities can be productively involved in all stages of legal
processes, for example, being a witness.
Some Examples
- Training for people working in the justice system, such as police
and prison staff.
- Legal services authority act.
- Judicial Academies.
- National Police Academy
- Judicial academy
- ASCI (Administrative Staff College of India)
- High Courts.. Access to Justice.
- Cases in various courts of law
Feed Back
ARTICLE 14 LIBERTY AND SECURITY
ARTICLE 15 FREEDOM FROM TORTURE OR CRUEL, INHUMAN OR DEGRADING
TREATMENT OR Punishment
ARTICLE 16 FREEDOM FROM EXPLOITATION, VIOLENCE AND ABUSE
ARTICLE 17 PROTECTING INTEGRITY
Explanation
- Persons with disabilities have the same right to liberty and
security as all other people; and have his / her liberty taken
away by force
- Persons with Disabilities will be tortured, or be treated or
punished in a cruel, inhuman or degrading way.
- Persons with Disabilities will not be forced to take part in
medical
or scientific experiments.
- Prevention of exploitation of persons with disabilities by giving
help and appropriate information to make sure persons with disabilities
and their families are protected from abuse.
- Institutions and programmes serving persons with disabilities are
regularly looked at to make sure there is no violence or abuse.
- Support for Persons with disabilities who are victims of violence
and abuse.
- Persons with disabilities have the same right as everyone else to
be
respected for their physical and mental whole.
Some Examples
- Legislation of Domestic Violence Act (16.1)
- RCI ….. obtaining authentic information on provision of
information on education how to recognize on how to avoid, recognize
and report instances (16.2)
- National Trust cases : local level committees (16.3)..
- Juvenile Justice Act
- communal violence (16.4)
- Child abuse
- Home bound…juvenile home..not only people with disability
- Beggary.. mental retardation
- Trauma centre.. post tsunami
- Hysterectomy
- Compulsory treatment
- Forced Interventions and Multiple surgeries
- Accessibility in Jails, mental hospitals, NIMHANS etc.
- Beggary Instiutions
Feed Back
ARTICLE 18 FREEDOM OF MOVEMENT AND NATIONALITY
Explanation
- Persons with disabilities have the right to get and to change
their
nationality and that nobody can take away their nationality without a
reason or because of a disability; and they cannot be denied
nationality on the grounds of disability
- Persons with disabilities are free to leave their own country and
any other country; and cannot be stopped from entering their own
country on the grounds of disability.
- Children with disabilities will be registered immediately after
they
are born. They will have the right to a name, to a nationality and, as
much as possible, the right to know their parents, and be raised by
their own parents.
Some Examples
- Unique identity (UID) scheme …
- India’s own policy: external affairs ministry for providing visas
to
persons with disabilities
- Citizenship provided to persons with disabilities
- Registration of Birth especially of children with disability in
rural and urban areas
Feed Back
ARTICLE 19 LIVING INDEPENDENTLY AND BEING INCLUDED IN THE COMMUNITY
Explanation
- Persons with disabilities have the same right to live in the
community and to be fully included in all the activities in the
community including personal assistance, to help with inclusion and
living in the community; with the right to make choices on where and
how to live in the community,
- Persons with disavilities cannot be forced to live in
institutions.
Some Examples
- CBR programmes.
- Housing Policies..
- Availability of housing loans to persons with disabilities
- Reservations for persons with disability in housing
- Discrimination on the basis of disability for renting / selling
out
to persons with disabilities
- Accessibility / Vistability of houses for persons with
disabilities
Feed Back
ARTICLE 20 PERSONAL MOBILITY
Explanation
- Persons with disabilities can move around with the greatest
possible
independence, including: access to mobility aids and technology, at
affordable cost.
- Training in mobility skills for persons with disabilities and
staff
working with them;
Some Examples
- Alimco Scheme
- Comparison of cost and quality of aids and appliances subsidised
by
government and what is available with private vendors
- BIS (Bureau of Indian standards)
- Policy / Schemes / Availability of Live assistance ..Dogs, etc
- Aviation policy and travelling of live assistance
- National Institutes for the purposes of training for people with
disabilities.
- Small Scale Industries
- Custom duties on aids and appliances and Patents for aids and
appliances.
Feed Back
ARTICLE 21 FREEDOM OF EXPRESSION AND OPINION AND ACCESS TO INFORMATION
Explanation
- Persons with disabilities have the right to communicate through
Braille, sign language or other types of communication that they
choose.
- Receive information in formats that are accessible and used by
persons with disabilities without extra cost (for example, Braille);
- Encouraging private businesses and organizations that serve the
public to make their services more accessible for persons with
disabilities;
- Encouraging the media to make their information accessible to
persons with disabilities;
- Use of sign language. .
Some Examples
- Information Commissioners under Right to information Act.
- Braille, Sign language at public places, offices, restaurants,
hospitals , railway stations. Offices of private enterprises,
customer services
- Publicity division of Government of India (information of polio
drops, disasters, Radio, TV, Newspapers)
- Evidence Act ..Public documents Act
- Accessibility of Online newspapers
- Press Council of India
- Look at the Information Technology Act
- Telecom Regulatory Authority
- ICT policies
- Initiatives to promote Sign language
Feed Back
ARTICLE 22 RESPECT FOR PRIVACY
Explanation
- Privacy of persons with disabilities will be respected and nobody
violates the honour and reputation of persons with disabilities.
Persons with disabilities have the right to be protected by the law
from such attacks.
- Protection and maintain confidentiality of personal, health and
rehabilitation information of persons with disabilities
Some Examples
- Juvenile Justice Act
- Mental Health Act has a specific provision but it allows for
interception in certain specified grounds
- Data Protection Bill
Feed Back
ARTICLE 23 RESPECT FOR HOME AND THE FAMILY
Explanation
- Persons with disabilities have the same right as other people to
marry and have a family; have the right to have children and to decide
how many children to have, and when to have them. Persons with
disabilities have the same right as everyone else to keep their
fertility. Persons with disabilities have the rights and
responsibilities related to guardianship and adoption of children.
Persons with Disabilities will get support in accomplishing
responsibilities related to raising their children.
- Children with disabilities have the same rights as everyone else
to
a family life. State will provide the information, services and support
to children with disabilities and their families.
- Child[ren] cannot be separated from parents because of the
parent’s
or the child’s disability.
- Community to provide care / support when close family cannot take
care of children with disability.
Some Examples
- Central Govt Schemes for marriage of persons with disabilities
[Mah
gives Rs. 50,000/- for marrying a persons with disability]
- Discrimination on the ground f disability leading to divorce
- Inter-Country adoption and the manner in which Children with
Disabilities are not treated on an equal basis with others Scheme in
Maharashtra - protection for Children
- Marriage Portals - contact to find out if there are specific
platforms where Persons with Disabilities can meet
- Look at Custody case law - where parents are denied adoption due
to
disability
Feed Back
ARTICLE 24 EDUCATION
Explanation
- Persons with disabilities are included in the
national
education system, at all levels
- The education system :
- will develop their human potential, sense of dignity and
self
worth
- will develop their personality and talents to their fullest
potential
- Participate in society
- Children with disabilities are not excluded from free and
compulsory
primary and secondary education because of their disability
- Persons with disabilities are able to choose accessible education
in
their own community
- The State will ensure:
- Curriculum would be adapted for better learning and teaching
- Reasonable Accommodation would be available to persons with
disabilities to assist them
- Education includes learning life and social development
skills
- Braille or other types of communication would be made available
and
students with disabilities would receive peer support and mentoring
- Sign language and appropriate types of systems for blind and
deaf-blind
- Train and hire teachers who can teach persons with disabilities
- Provide opportunities to vocational training,
universities and
lifelong learning to persons with disabilities
Some Examples
- Planning Commission Report – Education of Persons with
Disabilities
- Right to Education Act – statute as enacted has excluded them
- Examples of Schools that are providing accommodation – what have
they done to actively provide for inclusion
- Ministry of HRD -- Sarva Shiksha Abhiyaan
- NCRT, NCTE, RCI, UGC, Department of Adult Education - education
regulatory bodies to see how they are addressing the issue of education
- Look at recent draft Bills from the Ministry of HRD
- National Knowledge Commission Report
- Ministry of Disability / Ministry of HRD / Ministry of Social
Justice – who will administer education?
Feed Back
ARTICLE 25 HEALTH
Explanation
Persons with disabilities :
- have the same right to excellent health care, without
discrimination.
- health-related treatment and services are available on equal
basis
as others
- will get specific services they need because of their
disability
- will have access to health services in their communities
- will get excellent free and affordable health care
State shall ensure:
- Health workers will give quality care and respect their informed
consent
- Persons with disabilities have access to health insurance and
life
insurance that is fair and in accordance with the law
- Will not be discriminated against or denied health care or health
services because of their disability
Some Examples
- Health Policies – how are they addressing the health needs of
persons with disabilities
- National Population Council
- Ministry of Health and Family Welfare – Annual Report
- Too much attention on primary prevention and not on health needs
- National Health Bill
- Medical Council of India Guidelines on Informed Consent
- Insurance Regulatory Authority – write to them and contact one of
the offices in Hyderabad
- Right to Food Bill – need for higher nutrition
Feed Back
ARTICLE 26 HABILITATION AND REHABILITATION
Explanation
State shall ensure:
- Services and skills to persons with disabilities would be
provided
to enable independent participation in the community
- Habilitation and rehabilitation services are available,
especially in health, employment, education and social services sectors
- Early intervention
- Promote training programmes for staff working in habilitation and
rehabilitation services
Some Examples
- Connect habilitation to education, health and social services
- Peer support – case studies where habilitation/rehabilitation is
happening through peer support (Case study from Bapu)
- Trainings of professionals who are in public service – will
interact
with persons with disabilities – for instance, people who work in
airlines
- Look at the Model Nagara Raj Bill and the Rehabilitation and
Resettlement Bill
- Workmen’s Compensation Act, Armed Forces, Motor Vehicles Act,
Disasters - when disability has been ‘produced’, see what is being done
after that – pension, position.
Feed Back
ARTICLE 27 WORK AND EMPLOYMENT
Explanation
State shall uphold and promote the rights of persons with
disabilities:
- to work and earn a living
- to choose their work environment
- not to be treated unfairly when employed
- to receive equal pay for equal work done just like everyone else
- to equal opportunities and to safe and healthy working conditions
just like everyone else
- to complain and not be harassed and to join labour and trade
unions
- career counselling, vocational trainings and career opportunities
- self-employment and business opportunities
- hiring persons with disabilities in the government
- encourage the private sector to hire persons with disabilities
- make sure reasonable changes are made in the work place
environment
- promote vocational and professional rehabilitation programmes to
support the return to work
- protect people with disabilities from slavery, forced labour
Some Examples
- Workmen’s Compensation Act – look at schemes that
- Labour and Employment Ministry – Annual Report
- Recruitment Rules/Policies – to see how physical fitness is
worked
out? There seems to be a very general and presumptive standard without
looking at the specific needs of a profession
- Banks and Loan Policies – self employment, cooperatives,
entrepreneurship
- Write to some big trade unions – to see how they take on board
the
concerns of workers with disabilities
- Data from Labour Bureau
- Incentive Schemes for the Private Sector
- Looking at Employment Exchanges and the Special Employment
Exchanges
– see if job portals like monster.com and naukri.com have any special
platforms
- Case study of agencies NGOs promoting training, persons with
disabilities for jobs
- For schemes in the open labour market – organizations/people who
are
job coaches and assistants who help during the adjustment time and
assist the person in settling down
- Case-law around reasonable accommodation – look at cases where
people are denied promotion
- HR/Recruitment policy in India compare it to policies in other
countries
Feed Back
ARTICLE 28 ADEQUATE STANDARD OF LIVING AND SOCIAL PROTECTION
Explanation
Persons with disabilities have right to an adequate standard of
living for themselves and their families which includes adequate food,
clothing, housing, social security, poverty alleviation schemes,
pensions.
Some Examples
- Rules and Implentation Right to Food schemes
- Housing Schemes – the Central scheme, the State level schemes and
schemes at the Panchayats level
- Are there special housing loans schemes are available for persons
with disabilities
- Social Security Schemes
- Poverty Alleviation Schemes
Feed Back
ARTICLE 29 PARTICIPATION IN POLITICAL AND PUBLIC LIFE
Explanation
Persons with disabilities have right to vote and be elected.
Some Examples
- Political Parties/Manifestos
- Election Commission – and the Election Case filed by DRG
- Viklang Manch and other groups who are active and strong
political
movement
- Efforts of political parties to promote rights of persons with
Disabilities [CPIM]
- Persons with Disabilities – experience as voters?
- Implementation of Braille Ballot papers and other accessibility
requirements in the last elections including accompanied by assistants
- Statistics of candidates with disabilities in the lok sabha and
state and municipal elections
Feed Back
ARTICLE 30 PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE AND
SPORT
Explanation
- State shall take appropriate measures to ensure that persons with
disabilities;
- have access to literature and other writings in formats such as
Braille, sign and audio etc.
- television programmes, film, theatre and other cultural
activities in a way that are accessible
- use their creative, artistic and intellectual potential
- are not unfairly treated by laws that protect the ideas of people
when they access cultural materials
- have the right to have their culture and language recognized, for
example sign languages and deaf culture
- have a chance to organize and participate in sport activities
- receive training and support
- access sports and recreational arenas
- participate and play sports at school
- access services to help them to organize recreational and
sporting activities
Some Examples
- Commonwealth Games 2010
- Work on copyrights issue by Inclusive Planet, CIS and other
disability groups
- Efforts of the Ministry of Culture and the Government
- Libraries and Museums – eg., Bhopal
- Extent of Support for Indian Contingent to International Sporting
Events for Persons with Disabilities at various sporting events
including CWG, Paralympics and also sports at national level
- Look for organization working for leisure activities for persons
with disabilities
- Dance Troops/Plays – Example -- Ramayana on Wheelchair
- Live/Automatic Captioning – Information Technology
Ministry/TRAI/Information and Broadcasting Ministry
- Movie – mandatory to provide captioning; also look at “Audio
Description”
- Look at the regulatory system for cultural life, recreation,
leisure and sport
- Airlines/Resorts/Hotels/Restaurants – Look at Regulatory Bodies
- Blind Cricket / deaf cricket
Feed Back
ARTICLE 31 STATISTICS AND DATA COLLECTION
Explanation
Define the factors or statistical indicators for collecting data and
other information.
- Respect the right to people’s privacy.
- Respect human rights and ethics when collecting and using the
statistics.
Some Examples
- Census 2011 efforts by Govt to include disability
- Campaigns by NGOs and groups on census 2011
- Ethical Guidelines for Collection of Statistics
Feed Back
ARTICLE 32 INTERNATIONAL COOPERATION
Explanation
Enshrines the concept of inclusive development: persons with
disabilities are to be included in all phases of development programs:
planning, design, implementation, evaluation, etc.
Some Examples
- International funding of projects including those by World Bank–
are their projects looking into the needs of persons with disabilities
including providing accessibility
- Legal Treatises division? Ministry of Social Justice? – are they
entering into any agreements for exchange of knowledge
Feed Back
ARTICLE 33 NATIONAL IMPLEMENTATION AND MONITORING
Explanation
At least one independent body in the government that will be
responsible for monitoring of the UNCRPD also Non-governmental
organizations, especially persons with disabilities and their
organizations, will be fully involved in overseeing how the UNCRPD is
put into practice.
Some Examples
- How effective has the Disability Commissioners office been in
implanting and promoting the PDA and also the precepts of UNCPRD
- Role of SHRC, courts in upholding the UNCPRD
- Advocacy and campaigns by NGos, DPOs etc to get authorities to
implement the UNCPRD
Feed Back