Rights of Persons with disabilities
One may comprehend the term ‘disability’ by comparing and contrasting it with the term ‘functioning’ as defined in the International Classification of Functioning[1], which offers a “biopsychosocial” model of disability- a suitable blend of the psycho-social model- the attribution of disability to environmental and personal factors- as well as the medical model- the attribution of disabilities to the health of the person themself. Therein, ‘functioning’[2] is understood as a broad term that comprises all body functions, activities and participation, with ‘disability’[3] then used as a wide term for impairments to said bodily functions, limitations to the performance of activities and restrictions to participation. Disability is not an extraordinary occurrence- in fact, it is part of the human lifespan, with nearly every individual being temporarily or permanently impaired at some point in life owing to injuries such as fractures or sprains, illnesses, pregnancy, and old age, all of which cause an individual to experience increasing difficulties in functioning. Thinking of disabilities, as with many other concepts, in the form of a spectrum ranging from mild to severe disabilities is helpful- with mild disabilities, temporary or permanent in nature, affecting an individual’s functioning a only slightly, increasing in the intensity of its effect as we go across the scale to severe disabilities, which significantly interfere with an individual’s social life and functioning. With every passing year there is an increase in the number of people with disabilities. According to the World Health Organization[4], nearly 15% of the world’s population experience some form of disability- physical, sensory and intellectual disability, work related injury, medical conditions, and mental, psychological and learning disabilities, all of which may or may not be non-evident forms of disability- with approximately one-fifth of this percentage experiencing severe disabilities. Such people are prone to leading lives at a vast socio-economic disadvantage as compared to the non-disabled, such as obtaining limited to no education, leading to lowered job opportunities, inversely proportional to the increased cost of living as well as an increased rate of poverty. This disadvantage- among several others- is further fuelled by the fact that the world has vastly been built in favour of non-disabled persons, making persons with disabilities seem like out-casts, abnormalities, burdens, even a curse of God(s), resulting in their being at the receiving end of harsh, irrational judgement and prejudices encouraged by stereotypes embedded in myths, religions and cultures around the world. These stigmas often culminate in disownment, abuse, exploitation, humiliation, and even infanticide, murder and rape of persons with disabilities, these heinous acts only increasing in frequency and intensity when influenced by ableism, racism, sexism and other forms of discrimination. Ideally, every member of the society has the same human rights – comprising civil, cultural, economic, political and social rights. These rights include but are not limited to equality before the law without discrimination; right to life, liberty and security of the person; freedom from exploitation, violence and abuse; right to respect physical and mental integrity; right to live in the community; right to education; right to health; right to work; right to an adequate standard of living[5]. For all the talk that persons with disabilities are no less human than any non-disabled person, they do not, in fact, enjoy the same rights as the latter. Till date, numerous declaratory provisions[6] have been made in favour of special rights for persons with disabilities, none providing legal protection nor enforcement of any significance. The mere recognition of the rights of persons with disabilities is insufficient- there is want for the implementation to the various texts in order for the disabled to exercise every recognized human right at par with non-disabled persons. The United Nations Convention on the Rights of Persons with Disabilities[7] (CRPD) is one such international treaty that identifies the rights of persons with disabilities, and aims to ensure that they get to enjoy the same human rights and opportunities as everyone else, enabling their full participation in the society. An analysis made by World Policy Analysis Centre at the UCLA Fielding School of Public Health[8] in 2016 sought to record the progress of the signatories of the CRPD, as well as the advancement yet to be made in the form of achievement of equal rights in the sectors of education, health and work. It was observed that not even 10% of the 193 United Nations member states surveyed explicitly guaranteed civil rights to persons with disabilities in their constitutions. Merely 28% constitutionally safeguard the right to education for children with disabilities, 5% of which had no provisions for children with disabilities in public schools nor provision for special schools. Only 18% of the surveyed countries constitutionally protect the right to work for persons with disabilities with less than 7% protecting such persons from discrimination at workplace. Just 26% of the sample overtly guarantee right to health for persons with disabilities, with only 11% providing paid leave. It is to be noted that these results were not centralized in underdeveloped or developing countries only- they also spanned over countries that claim to be developed. “The international system has generally failed to check the abuse of repressive governments and meaningfully deliver the promise of human rights to those most in need of protection”[9]. Essentially, the international system's approach towards the enforcement and implementation of human rights has proven to be impractical and “unrealistic in a world overrun by oppression, autocratic governments, poverty, and armed conflict”[10]. Despite there being a lack of consensus vis-à-vis how the international human rights may be implemented, few would disagree that the current enforcement mechanisms remain the weakest link in the international human rights system. If governments fail to implement, and people fail to comprehend, much thought must be given to how, then, can the rights of persons with disabilities be safeguarded and the subsequent duties arising in the governments as well as each citizen of every country towards these individuals be enforced. Being human beings ourselves, respecting other humans if not for anything but the virtue of being born a human ought not to be such a task, and yet it is, due to a lack of understanding and acceptance. These may sound like words right out of some religious scripture, nevertheless they hold immense truth in them. There have been numerous campaigns for the awareness of persons with disabilities but their impact has been short. Instead of comprehending the message of equality in the form of equity, non-disabled persons are infamous for pitying the persons with disability, making them charity cases and some sort of stepping stone for earning good karma. What is lacking, perhaps, is not merely awareness or education regarding the persons with disabilities- often referred to as the differently abled- but interaction with them. If people are, from infancy itself, sensitized enough that any form of difference is not an abnormality or a reason to tease or bully; if people learnt to not distinguish themselves from persons with disabilities as an in-group and an out-group, as ‘us’ and ‘them’, and simply as a unabridged ‘us’ as humans at the very base- mere mortal beings who strive to simply survive by adapting to the needs of the fast-paced lives today to the best of our abilities- the world would be a far better place.
[1] International Classification of Functioning, Disability and Health (ICF), World Health Organization (2019), https://www.who.int/classifications/icf/en/ (last visited Apr 20, 2020).[2] THE ICF: AN OVERVIEW, National Disability Authority, https://www.cdc.gov/nchs/data/icd/icfoverview_finalforwho10sept.pdf (Retrieved April 19, 2020)[3] Ibid.[4] Disability Inclusion Overview, World Bank, https://www.worldbank.org/en/topic/disability (last visited Apr 19, 2020).[5] Frequently Asked Questions regarding the Convention on the Rights of Persons with Disabilities, United Nations, https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/frequently-asked-questions-regarding-the-convention-on-the-rights-of-persons-with-disabilities.html#iq1 (last visited Apr 20, 2020).[6] Human Rights and Disabled Persons, United Nations Enable, from https://www.un.org/esa/socdev/enable/dispaperdes1.htm (Retrieved April 19, 2020)[7] UN General Assembly, Convention on the Rights of Persons with Disabilities: resolution / adopted by the General Assembly, united nations (2007), A/RES/61/106, available at: https://www.refworld.org/docid/45f973632.html [accessed 19 April 2020][8] Putting fundamental rights of persons with disabilities on the map, UCLA Fielding School of Public Health (2016), https://ph.ucla.edu/news/press-release/2016/nov/putting-fundamental-rights-persons-disabilities-map (last visited Apr 20, 2020).[9] Douglas L. Donoho, Human Rights Enforcement in the Twenty-First Century, Nova Southeastern University (2006), https://nsuworks.nova.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1003&context=law_facarticles (last visited Apr 20, 2020).[10] Ibid.
[1] International Classification of Functioning, Disability and Health (ICF), World Health Organization (2019), https://www.who.int/classifications/icf/en/ (last visited Apr 20, 2020).[2] THE ICF: AN OVERVIEW, National Disability Authority, https://www.cdc.gov/nchs/data/icd/icfoverview_finalforwho10sept.pdf (Retrieved April 19, 2020)[3] Ibid.[4] Disability Inclusion Overview, World Bank, https://www.worldbank.org/en/topic/disability (last visited Apr 19, 2020).[5] Frequently Asked Questions regarding the Convention on the Rights of Persons with Disabilities, United Nations, https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/frequently-asked-questions-regarding-the-convention-on-the-rights-of-persons-with-disabilities.html#iq1 (last visited Apr 20, 2020).[6] Human Rights and Disabled Persons, United Nations Enable, from https://www.un.org/esa/socdev/enable/dispaperdes1.htm (Retrieved April 19, 2020)[7] UN General Assembly, Convention on the Rights of Persons with Disabilities: resolution / adopted by the General Assembly, united nations (2007), A/RES/61/106, available at: https://www.refworld.org/docid/45f973632.html [accessed 19 April 2020][8] Putting fundamental rights of persons with disabilities on the map, UCLA Fielding School of Public Health (2016), https://ph.ucla.edu/news/press-release/2016/nov/putting-fundamental-rights-persons-disabilities-map (last visited Apr 20, 2020).[9] Douglas L. Donoho, Human Rights Enforcement in the Twenty-First Century, Nova Southeastern University (2006), https://nsuworks.nova.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1003&context=law_facarticles (last visited Apr 20, 2020).[10] Ibid.