TITLE OF THE RESEARCH PAPER

The Rights of Disabled persons - International and National Perspective

By

Name of the Student: C ANAND HITESH

Roll No.: 2016-027

Semester: VIII

Name of the Program: 5 year (B.A., LL.B.)

Name of the Faculty Member

Dr. CH LAKSHMI

Date of Submission:

12-12-2020

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

NYAYAPRASTHA “, SABBAVARAM,
VISAKHAPATNAM – 531035, ANDHRA PRADESH

1
 ACKNOWLEDGMENT

Firstly, I am, highly grateful to Dr. Ch Lakshmi, of Damodaram Sanjivayya National Law
University, for her support and guidance throughout this research paper. We acknowledge
with deepest sense of gratitude, guidance and her support throughout the course of this
research paper.

Secondly, I would also like to thank all information providers without whom this research
paper would have been incomplete.

2
 OBJECTIVE OF THIS PAPER

The main objective of the paper is to know the rights of disabled persons both in National and
International Perspective.

SIGNIFICANCE OF THE PAPER

The significance of the project is to make the readers aware about various international
conventions which help to know the rights of disabled persons. And to give certain laws that
explain about the rights of disabled persons both national and international wise. Also
provided with significant case laws and articles and conventions supporting the paper.

REVIEW OF LITERATURE

The researcher had taken the information from the articles, Websites and books, which
provided a lot of help for completion of the project. The information in the articles and
websites have been cited properly.

RESEARCH METHODOLOGY

Research methodology used was doctrinal methodology. Doctrinal methodology includes

doing research from books, articles, journal, case study, newspapers and also taking the help
of web article and pdf.

CHAPTERIZATION

1. INTRODUCTION
2. WHY DO WE NEED TO SPEAK OF DISABILITY RIGHTS?
3. WHAT DO THE LAWS SAY?
4. DISABILITY A DOUBLE DISADVANTAGE

NATIONAL PERSPECTIVE
INTERNATIONAL PERSPECTIVE

5. THE IMPORTANCE OF LEGAL CASES IN FURTHERING RIGHTS

6. CONCLUSION

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CONTENTS-

1. INTRODUCTION
1.1 MEANING AND DEFINITION OF DISABILITY

2. WHY DO WE NEED TO SPEAK OF DISABILITY RIGHTS?

3. WHAT DO THE LAWS SAY?

4. DISABILITY A DOUBLE DISADVANTAGE

4.1 Women with Disability
4.2 Disability and Reproductive Rights
4.3 Poverty and Disability
4.4 Disability and the Juvenile Justice System

5. NATIONAL PERSPECTIVE
Some Important Rights

5.1 Education
5.2 Employment
5.3 Health

6. INTERNATIONAL PERSPECTIVE

7. THE IMPORTANCE OF LEGAL CASES IN FURTHERING RIGHTS

8. CONCLUSION

4
 1. INTRODUCTION-

1.1 MEANING AND DEFINITION OF DISABILITY-

“You’ve often heard people with disabilities being referred to as “the handicapped”. Did you
know that such references can be inaccurate? A person can be handicapped in a certain
environment without being disabled, or have a disability but not be handicapped in many
places. A disability is often defined as the malfunctioning, disturbance or loss in the normal
functioning of physical, mental or psychological processes, or a difficulty in the ability to
learn, or adjust socially, which interferes with a person’s normal growth and development.” A
handicap is a difficulty experienced by a person because of the nature of the environment in
which she finds herself. “For instance, even if an individual has a locomotors disability she
will still be mobile as long she can get around in a wheelchair. However, if the building in
which she has to work has no ramps or lifts which accommodate wheelchairs, she is
handicapped by the environment of the building. On the other hand an able bodied person
who does not know how to swim or row a boat is handicapped when he has to cross a river
unless he can find someone to ferry him across. Hence, handicap is neither unique nor a
synonym to persons with disabilities, it only refers to an environmental factor that an
individual finds difficult to overcome.”
Disability is a concept which is understood and interpreted by various social thinkers, social
workers and jurists keeping in mind the inherent philosophy of the term in its actual sense.
“Though the term “disability” carries with it the assumption of a lack or deficiency whether
physical, mental or sensory in respect of some people but there are lots of examples that
sometimes these people proved themselves as differently abled person by their intellectuality
or positive attitudes and outlook towards life.”
“Hence, the Rights and Laws of disabled persons need to be understood and studied from
various perspectives including human rights and various other laws in India which will
ultimately fill up the differences or mitigate the gap between the abled and the differently
abled persons in their attainment of persona and dignity in true sense of the terms.”
In this research work the researcher is giving much emphasis on the various legal provisions
and Laws available in our country and makes a systematic study on how these laws have
contributed towards the development of legal status of the disabled persons in India. “The
disability rights debate is not so much about the enjoyment of specific rights as it is about
ensuring the equal effective enjoyment of all human rights, without discrimination, by people
with disabilities. The non-discrimination principle helps to make human rights in general

5
relevant in the specific context of disability, just as it does in the contexts of age, sex and
children. Non discrimination and the equal effective enjoyment of all human rights by people
with disabilities, is therefore the dominant theme of the long-overdue reform in the way
disability and the disabled are viewed throughout the world.”1

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) 2 of 2006
has had profound impact on disability law and human rights law globally. With 162 State
Parties the Convention has reached more than 80% universal ratification for its 10th
anniversary. Most State Parties have reviewed and revised domestic disability law and have
established National Monitoring Mechanisms as prescribed by the Convention. The CRPD
seeks to bring about a paradigm shift in disability policy that is based on a new understanding
of disabled persons as right holders and human rights subjects. “The theoretical background
for this change is a modern model of disability as developed in disability studies and recent
group oriented approaches in modern human rights law. According to Article 1 the purpose
of the CRPD “to promote, protect and ensure the full and equal enjoyment of all human rights
and fundamental freedoms by all persons with disabilities, and to promote respect for their
inherent dignity.” It is the first human rights instrument which acknowledges that all disabled
persons are right holders and that impairment may not be used as a justification for denial or
restrictions of human rights. Such an approach recognizes that disability is a social construct
which is created when impairment interacts with societal barriers.” It is based on a new
thinking about disability which is usually described as a paradigm shift from the medical to
the social model of disability. The theoretical background is disability studies, a
multidisciplinary research school that has emerged from disability rights movements in the
UK and USA some 30 years ago. The debate about medical versus social model of disability
has been the central focus during the first two decades and several scholars have emphasized
that disability studies have moved on to new, less dichotomist models such as the
political/relational approach of Alison Kafer3 (p. 7). While it is true that the dichotomy
between medical and social model of disability is an outdated subject for disability studies
discourse, it has gained new attention within legal discourse. During the negotiations of the
CRPD the medical and social model played a pivotal role. During the first decade of its
existence the CRPD has been the catalyst for many law and policy reforms, which relate to
1
www.mierjs.in/ojs/index.php/mjestp/article/download/56/33
2
United Nations. “Convention on the Rights of Persons with Disabilities.” United Nations Treaties
Series, 2008, vol. 2515, p. 3. Available online: https://treaties.un.org/doc/publication/unts/volume
%202515/v2515.pdf
3
Alison Kafer. Feminist, Queer, Crip. Bloomington and Indianapolis: Indiana University Press, 2013.

6
the shift from, medical to the social model of disability. “It is important to understand the
new model of disability, which is supposed to be the foundation of modern disability law.
Hence it is necessary to address the issue of disability model again. During the negotiations,
reference was usually made to the social model of disability, which should replace the
medical model of disability. While the latter reduces disability to a medical phenomenon of
impairment, the first takes a social-contextual approach to disability. Persons with disabilities
are described as “those who have long-term physical, mental, intellectual or sensory
impairments which in interaction with various barriers may hinder their full and effective
participation in society on an equal basis with others.”(art. 1). Disability as a social construct
is the main feature of the social model of disability.” However, it is opined that the CRPD is
based on the human rights model of disability, which moves beyond the social model.

2. WHY DO WE NEED TO SPEAK OF DISABILITY RIGHTS?

“Today a new model of thinking is breaking grounds where disability is seen as an integral
part of society. There is also recognition that persons with disabilities encounter several
obstacles due to sensitivity and attitudinal barriers. Policies that are based ideologically on
the human rights model start by identifying barriers in society that restrict disabled persons’
participation. This has altogether changed the perception of disability and the approach to it.
Earlier the emphasis was on correcting the impairment and rehabilitating the individual so
they may ‘fit in’ to society. Now there is recognition that disability is not a deviation
therefore, all systems and structures of the society must be improved upon so as to allow
equal access and full participation. Consequently States are bound by a multi layer of
obligations to guarantee both de jure and de facto equality.”

WHAT DO THE LAWS SAY?

International Human Rights Law

There are three legal instruments which make up the International Bill of Human Rights.
These are the Universal Declaration of Human Rights, passed by the General Assembly of
the United Nations in 1948, the International Covenant on Civil and Political Rights
(ICCPR), and the International Covenant on Economic, Social and Cultural Rights
(ICESCR), both adopted in 1966. International human rights law has not always adequately
acknowledged people with a disability as part of what the ‘human’, in human rights, means.
In the last two decades, however, there has been increasing international attention to issues

7
concerning the human rights of people with disabilities. “But to date this has not resulted in a
specific binding international treaty, as there is on racial discrimination, or discrimination
against women, or the rights of children. As already pointed out, when these international
legal instruments were elaborated, they did not explicitly mention disability as a category of
discrimination.”
The Indian Law and Disability
The Constitution of India premised on the principle of social justice and human rights. The
Preamble, the Directive Principles of State Policy and the Fundamental Rights enshrined in
the Constitution stand testimony to the commitment of the State to its people. These
provisions envisage a very positive role for the State in the upliftment of the status of
disadvantaged groups. For example, Article 41 enjoins that, “The State shall, within the limits
of its economic capacity and development make effective provision for securing the right to
work, to education and to public assistance in cases of unemployment, old age, sickness and
disablement.” More specifically, Article 46 stipulates that, “The State shall promote with
special care the educational and economic interests of the weaker sections of the people, and,
in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from
social injustice and all forms of exploitation.” Highlighting the significance of the Directive
Principles, the Supreme Court stated, in Kesavananda Bharati, that it is relevant in this
context to remember that in building up a just social order it is sometimes imperative that the
Fundamental Rights should be subordinated to the Directive Principles.
Article 249 of the Constitution empowers the Parliament to legislate on any subject falling in
any list in order to fulfil its international obligations.

The Mental Health Act, 1987

“The Mental Health Act predates the human rights emphasis in the nineties. It can be
described as a civil rights legislation as it aims to regulate standards in mental
health institutions and to make provisions with respect to their property and affairs.” From a
human rights perspective, the provision under Section 81 is of particular importance. It says,
1. No mentally ill person shall be subjected during treatment to any indignity (whether
physical or mental) or cruelty.
2. No mentally ill person under treatment shall be used for purposes of research, unless –
• Such research is of direct benefit to him for purpose of diagnosis or treatment, or
• Such persons, being a voluntary patient has given his consent in writing or where such
person (whether or not a voluntary patient) is incompetent by reason minority or otherwise, to

8
give valid consent, the guardian or other person competent to give consent on his behalf, has
given his consent in writing for such research.

3. DISABILITY A DOUBLE DISADVANTAGE

 Women with Disability
Despite their significant numbers, women and girls with disabilities remain
hidden and silent, their concerns unknown and their rights unrecognized. In the urban
and rural communities alike, they face triple discrimination because of their
disabilities, gender and poverty. “Studies on women with disabilities in rural areas of
many countries in the Asian region have found that more than 80 per cent of women
with disabilities have no independent means of livelihood, and are thus totally
dependant on others for their very existence. UNICEF has reported that women and
children receive less than 20 per cent of rehabilitation services. Disabled women are
less likely than men to make use of many other existing social services, including
residential services, due to social, cultural and religious factors. The problems that
confront women with disabilities are even more severe in the rural areas due to lack of
information, awareness, education, income, and contact resulting in extreme isolation
and invisibility.”
 Disability and Reproductive Right
According to the draft definition published by the World Health Organization
“sexuality is a central aspect of being human.” As such, sexual rights are a part of
human rights. “All human beings have the right to seek and receive information
regarding sexuality, seek and receive services which provide high quality sexual and
reproductive health services, decide whether to be sexually active or not, and engage
in consensual sex and marriage, as long as they do not impinge upon or harm the
rights of other persons. Further, according to the World Health Organization,
reproductive rights imply that all persons have the capability to reproduce and to
decide if, how and when to do so.”
 Poverty and Disability
There is an intimate connection between poverty and disability, which
operates in a vicious cycle. “When people are poor, they are likely to suffer from
malnutrition, which contributes to disability, especially when pregnant and nursing
mothers and young children are involved. Further, they are more likely to live in
squalid and unhealthy environments and be employed in hazardous jobs which expose

9
 them to greater possibilities of disability. Children are likely to be raised in less
stimulating environments at home. Poverty can also increase stress levels of parents,
which in turn may lead to harsh, abusive or violent behaviour which may directly
affect children physically, or contribute to dysfunctional social and emotional
development.”
 Disability and the Juvenile Justice System
One of the major rights areas related to disability, which has received
negligible attention in India, relates to children with disabilities and the juvenile
justice system. “According to the Juvenile Justice Act, children may enter the juvenile
justice system when they are in conflict with the law, or when they are in need of care
and protection. Thousands of children belonging to both these categories live in
hundreds of governmental institutions and institutions run by nongovernmental
organizations in this country. Research studies show that children with disabilities are
disproportionately represented in both these categories in the juvenile justice system.
Unfortunately, little data is available on the numbers. The Country Report for 2003 of
the Ministry of Social Justice and Empowerment lists the numbers of facilities for
children with disabilities and for ‘juvenile offenders’ but does not take into
consideration the overlapping category, children in conflict with the law who may
have disabilities.”

NATIONAL PERSPECTIVE-
Some Important Rights
Rights are interconnected and are interdependent. In the absence of one it becomes
difficult to enjoy other rights. “In this chapter we will talk about some of the rights seen
crucial in the enjoyment of all other rights. Education, Employment and right to access form
the core of these rights, nonetheless rights that are not mentioned in this chapter are equally
significant for persons with disabilities. In the Disability Manual, 2005 the NHRC has
compiled a very comprehensive analysis of the complete range of rights with examples from
International and National Law including legal cases.”
 Education
Over the last fifty years, right to education has evolved in India, inspired by a
host of factors including judicial interpretations, enactment of special laws and amendment to
the Constitution. “For example, with the Eighty-Sixth Amendment the right to free and

10
compulsory education has become a fundamental right. Originally, this right was a part of the
Directive Principles under Article 45.” Other noteworthy aspect of this amendment is that the
fundamental right to education has been arranged as an extension of the right to life, as
Article 21A, which stipulates “The State shall provide free and compulsory education to all
children of the age of six to fourteen years in such manner as the State may, by law,
determine”. The Eighty-Sixth Amendment has brought another important facet of education,
i.e. early or pre-school education under the constitutional framework. The amended text of
Article 45 reads, “The State shall endeavour to provide early childhood care and education
for all children until they complete the age of six years.” This provision is of particular
relevance for children with disabilities. These amendments are not only important from the
perspective of an individual right but they have enlarged the scope of duties both for the State
and citizens.
“Recognizing that persons with disabilities must have equal access to all forms of education
through a variety of models, Section 27 of the Act lays down,” The appropriate governments
and the local authorities shall by notification make schemes for:
1. conducting part-time classes in respect of children with disabilities who having completed
education up to class fifth and could not continue their studies on a whole-time basis;
2. conducting special part-time classes for providing functional literacy for children in the age
group of sixteen and above;
3. imparting non-formal education by utilizing the available manpower in rural areas after
giving them appropriate orientation;
4. imparting education through open schools or open universities;
5. conducting classes and discussions through interactive electronic or other media; and
6. providing every child with disability free of cost special books and equipments needed for
his education.
Section 30 requires that the appropriate governments shall by notification prepare a
comprehensive education scheme which shall make provision for:
1. transport facilities to the children with disabilities or in the alternative financial incentives
to parents or guardians to enable their children with disabilities to attend schools;
2. the removal of architectural barriers from schools, colleges or other institutions imparting
vocational and professional training;
3. the supply of books, uniforms and other materials to children with disabilities attending
school;
4. the grant of scholarship to students with disabilities;

11
5. suitable modification in the examination system to climate purely mathematical questions
for the benefit of blind students and students with low vision;
6. restructuring of curriculum for the benefit of children with disabilities; and
7. restructuring the curriculum for the benefit of students with hearing impairment to
facilitate them to take only one language as part of their curriculum.
Section 39 of the Persons with Disabilities Act imposes yet another positive obligation on the
State by mandating “all government educational institutions and other educational institutions
receiving aid from the government” to “reserve not less than three per cent seats for persons
with disabilities”. “This section of Persons with Disabilities Act remained under controversy
for sometime by its placement under the Chapter on Employment, instead of Education.
Finally, the Supreme Court in All Kerala Parents Association vs State of Kerala while
settling this issue said that the inclusion of the Section 39 under the chapter on employment is
due to an error in drafting and affirmed that reservation of three per cent of available seats in
government educational institutions for students with disabilities should be applied.”
There has been some confusion about who would constitute an ‘educational institution
receiving aid’ from the government within the context of reserving three per cent seats for
persons with disabilities.
 Employment
In spite of recognition by international community of the dignity of human life, persons
with disabilities have remained marginalized and excluded from participating in different
aspects of community life. “They have always been perceived as lacking abilities and
potential to engage in any meaningful activity or work. This perception resulted into denial of
the ‘right to work’ to them which has been recognized in UDHR and more specifically in
IESCR. The dismal employment situation of persons with disabilities engaged the attention
of international community which culminated into the first international document relating to
disability and work titled Recommendation 99 of the International Labour Organization on
Vocational Rehabilitation (Disabled) in 1955.” Committee on Economic, Social and Cultural
Rights through its General Comments elaborated positively on the ‘right to work’ on persons
with disabilities. All disability related international instruments also provided a broad
guideline and a foundation for legislative and policy framework at domestic level to ensure
that persons with disabilities are able to enjoy their right to work and access job
opportunities. These international developments influenced the legislative and policy
environment in many countries. Since 1980s there has been growth of various legislation and

12
policies in most of the countries aimed at ensuring greater participation and equality of
persons with disabilities in all matters including employment. There are two visible major
legislative strategies one prohibits discrimination while assuring equality of opportunity of
persons with disabilities in employment through reasonable accommodation while the other
strategy provides for quota system to achieve real equality at least in organized public
employment sector. “In India, The Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995 adopts a multi prone approach to the issue of
employment of persons with disabilities. In order to promote employment of persons with
disabilities in organized formal sector, it provides for a scheme of quota to the extent of 3%
in all government departments (Central and State government), public sector undertakings
and local authorities to be distributed equally to the extent of 1% each among persons
suffering from blindness and low vision, persons suffering from hearing impairment and
persons suffering from locomotor disability or cerebral palsy (Section 33). Further, in order
to promote employment in private sector the Act mandates the government to formulate and
implement a scheme for providing incentives to such establishments whose work force is
composed of 5% of persons with disabilities (Section 39). To promote self-employment
among persons with disabilities, the Act further calls upon the government to formulate and
implement scheme for preferential allotment of land at concessional rates for industrial and
business purposes to persons with disabilities (Section 43). Besides these provisions, the Act
also prohibits denial of promotion on the ground of disability by any establishment of the
government and/or prohibits dispensation of service or reduction in rank of any employee
who acquires disability (Section 47).”
 Health Laws
Article 47 of the constitution imposes on the Government a primary duty to raise the level
of nutrition and standard of living of its people and make improvements in public health -
particularly to bring about prohibition of the consumption of intoxicating drinks and drugs
which are injurious tone’s health except for medicinal purposes. “The health laws of India
have many provisions for the disabled. Some of the Acts which make provision for health of
the citizens including the disabled may be seen in the Mental Health Act, 1987.”

INTERNATIONAL PERSPECTIVE

13
 The United Nations Convention on the Rights of Persons with Disabilities (CRPD) 4 of
2006 has had profound impact on disability law and human rights law globally. With 162
State Parties the Convention has reached more than 80% universal ratification for its 10th
anniversary. Most State Parties have reviewed and revised domestic disability law and have
established National Monitoring Mechanisms as prescribed by the Convention.
The Disability Model of the CRPD
Since the 1960s, there have been many different models of disability in scientific literature.
“The medical (bio)-model, the social model, the economic model, the minority group model,
the universalist model, the Nordic relational model, the capabilities model and others. All
these models attempt to understand and occasionally explain or define disability. The most
important models of disability in the English-speaking world have been the medical and the
social model of disability. Both models were developed by scholars of disability studies
during the 1970s and 1980s in the UK and the USA.With the adoption of the United Nations
Convention on the Rights of Persons with Disability (CRPD), a new model emerged which is
the human rights model of disability.”
The medical model of disability, which the CRPD tries to overcome, regards disability as an
impairment that needs to be treated, cured, fixed or at least rehabilitated. “Disability is seen
as a deviation from the normal health status. Exclusion of disabled persons from society is
regarded as an individual problem and the reasons for exclusion are seen in the impairment.
Disability according to the medical model remains the exclusive realm of helping and
medical disciplines: doctors, nurses, special education teachers, and rehabilitation experts.
Michael Oliver, one of the founding fathers of the social model of disability, has called this
the ideological construction of disability through individualism and medicalization, the
politics of disablement.”5 Another feature of the medical model of disability is that it is based
on two assumptions that have a dangerous impact on human rights: (1) disabled persons need
to have shelter and welfare; and (2) impairment can foreclose legal capacity. The first
assumption legitimizes segregated facilities for disabled persons, such as special schools,
living institutions or, sheltered workshops. “The second assumption has led to the creation of
mental health and guardianship laws that take an incapacity approach to disability.6 During
the negotiations of the CRPD, the medical model served as a determent. While there was

4
United Nations. “Convention on the Rights of Persons with Disabilities.” United Nations Treaties Series, 2008,
vol. 2515, p. 3. Available online: https://treaties.un.org/doc/publication/unts/volume%202515/v2515.pdf
5
Michael Oliver. The Politics of Disablement. New York: St. Martin’s Press, 1990.
6
Amita Dhanda. “Legal capacity in the disability rights convention.” Syracuse Journal of
International Law and Commerce 34 (2007): 429–62.

14
often no consensus among stakeholders which way to go in terms of drafting the text of the
convention, there was overall agreement that the medical model of disability definitely was
not the right path.”7
“Rather the social model of disability was supposed to be the philosophical basis for the
treaty. The paradigm shift from the medical to the social model has often been stated as the
main achievement of the CRPD. However, while it is true that the social model of disability
has been the prevalent reference paradigm during the negotiation process, my understanding
of the CRPD is that it goes beyond the social model of disability and codifies the human
rights model of disability. The social model of disability explains disability as a social
construct through discrimination and oppression. Its focus is on society rather than on the
individual. Disability is regarded as a mere difference within the continuum of human
variations. The social model differentiates between impairment and disability. While the first
relates to a condition of the body or the mind, the second is the result of the way environment
and society respond to that impairment.” Exclusion of disabled persons from society is
politically analyzed as the result of barriers and discrimination.
International Developments in Disability Rights
“In response to the human rights crisis faced by people with disabilities, the UN has initiated
a number of agreements, statements, world conferences, and other meetings focused on
disability rights. States are gradually advancing toward a human rights perspective on
disability, and 39 countries have instituted non-discrimination or equal opportunity
legislation in the context of disability (Quinn & Degener, 2002). What follows is a brief
summary of some of the major human rights landmarks for people with disabilities. The
summary includes international commitments to disability rights, such as The World
Programme of Action concerning Disabled Persons, The Standard Rules on the Equalization
of Opportunities for Persons with Disabilities, and related UN resolutions. Reference to
selected regional commitments and international conferences are also included as examples
of recent developments.” This overview illustrates a growing acknowledgement that
disability is a human rights issue.
World Programme of Action Concerning Disabled Persons, 1982
During the International Year of Disabled Persons, 1982, the UN General Assembly adopted
the World Programme of Action concerning Disabled Persons. The World Programme
emphasized equal opportunity rights for people with disabilities, as well as equal access to

7
Rosemary Kayess, and Philipp French. “Out of Darkness into Light?” Human Rights Law Review 1
(2008): 1–34.

15
improved living conditions resulting from economic and social development. Further, for the
first time, the relationship between disability and the environment was officially recognized
in the definition of handicap. “The implementation of the World Programme of Action
required states to establish legal authority for instituting measures to reach Programme
objectives, to eliminate barriers to full participation, and to support the creation and growth of
organizations of people with disabilities.”
The World Programme of Action proposed government action to ensure the equalization of
opportunity for people with disabilities in a variety of spheres, from education to legislation,
and from employment to sports and culture. The UN Decade of Disabled Persons 1983-1992
was declared to provide a timeframe for governments to implement the World Programme.
Disabled Persons International (DPI) Sapporo Declaration, 2002
“The disability community has fostered the emerging human rights approach to disability.
Members of the disability community have advocated at the international level for the
creation of a special convention specific to rights for people with disabilities, as well as the
adoption of anti-discrimination legislation and policies in every country to ensure the
equalization of opportunities for people with disabilities. Disabled Persons International
(DPI), a global network of people with disabilities, published the Sapporo Declaration in
October 2002, following a conference that involved representatives from disability
communities in 109 countries.” Pointing to the exclusion or marginalization of the rights of
people with disabilities within the monitoring procedures of the UN human rights system, the
Sapporo Declaration calls for:
“A specific international human rights convention that is reflective of the full range of civil,
political, economic, social and cultural rights and that includes a strong convention
monitoring mechanism informed by the unique perspective of people with disabilities to
ensure the credibility, legitimacy and efficacy of the convention.”
(Disabled People's International, 2002)
Declarations of international disability conferences emphasize equality and inclusion and
address priorities such as education; improvement of the quality of life and standard of living
of people with disabilities; elimination of discriminatory attitudes and practices; removal of
information, legal, and infrastructure barriers; and increased resources to facilitate equal
participation of people with disabilities in their societies.
Monitoring the Human Rights Situation of People with Disabilities
Monitoring government compliance with international human rights agreements requires
accurate information about the human rights situation of people with disabilities. Building on

16
the recommendations of the third UN expert seminar on disability held in Stockholm, Sweden
in 2000, Disability Rights Promotion International (DRPI) was created in 2002 to facilitate
capacity building and disability rights monitoring. “Having completed inventories of
monitoring tools, training resources, and opportunities for using international human rights
instruments in the disability context, DRPI is working collaboratively with disability rights
organizations and others active in human rights to prepare disability rights monitoring tools,
train monitors, and support monitoring test sites in various regions of the world. Monitoring
activities will focus on individual cases of human rights violations, legal cases, legislation,
media portrayal of people with disabilities, and government programs, services and
practices.” It is anticipated that effective monitoring in these five areas will expose the extent
of discrimination faced by people with disabilities, providing the necessary documentation
for various advocacy activities by disability organizations and for governments to develop
policy and plans to ensure the inclusion of people with disabilities in their societies.
Enforcing Disability Rights Using Existing International Human Rights Treaties
Short of a new disability convention, contemporary human rights instruments already include
articles for the equal rights of people with disabilities. “As noted in the summary of
landmarks of human rights and disability above, numerous experts have argued for greater
use to be made of existing human rights treaties, which have historically been underused in
terms of advancing disability rights. Each of the major international human rights instruments
includes a non-discrimination provision requiring governments to respect and ensure all
treaty rights without discrimination.”
Disability is not explicitly listed as a prohibited ground of discrimination, but the Committee
on Economic, Social and Cultural Rights (1994), quoted above, is a persuasive authority for
arguing that people with disabilities "are clearly entitled to the full range of rights". The
human rights treaty monitoring bodies are active bodies, routinely receiving state reports and
complaints of human rights violations. Advocacy before the treaty monitoring bodies is a
feasible strategy for enforcement that could be undertaken concurrently with the efforts to
establish a specific disability convention.

4. THE IMPORTANCE OF LEGAL CASES IN FURTHERING RIGHTS

Shri Suhas Vasant Karnik vs. Union of India and Ors
“In this case, the Bombay High Court had the occasion to examine whether a
blind person could be declared ineligible for seeking promotion. The High Court
held that the respondent is not entitled to discriminate amongst the members of

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 staff merely because some of its members are physically handicapped. It further
held that the respondent is under constitutional obligation to encourage
participation of visually handicapped persons in activities of the Bank on par with
other members of the staff, and to consider cases of visually handicapped staff for
promotion fairly and equitably.”

Dr. Raman Khana vs. University of Delhi & Ors

“In this case Raman Khana was suffering from Haemophilic Arthropathry of
right knee causing 40% physical disability. He applied in Delhi University for a
postgraduate course in Community Medicine. The Court held that reservation policy
as per section 39 of the Act is also applicable to post graduate courses. Court further
directed that Delhi University does not have power to insist that a person who have
produced Medical Handicapped Certificate from any of the nine hospitals mentioned
in the order dated 8/8/2002 should appear before a Medical Board constituted by the
University. As there is only one candidate who has applied under physically
handicapped category and whose certification shows that he is above 40% degree of
disability. The court directed the MCI and Delhi University to reconsider the policy of
disqualifying candidate with disability of the upper limbs for availing the benefits
enshrined in the Disabilities Act. If this is not done it would directly offend section 39
of the Disabilities Act.”
National Association for the Blind & Others vs. Central Board of Secondary
Education & Others
“In this the Delhi High Court directed to “grant an extra hour to blind students
(appearing for a written examination): meaning thereby that they shall be given 4
hours instead of 3 hours given to normal students”. Respondent No.1 was also
directed to permit the school from which a blind candidate is to appear to choose
amanuensis, subject to observance of the relevant rules. Due to paucity of time, the
Court did not allow the prayer in respect of modification of the mathematics paper
and supply of question papers in Braille. However, it directed that “so far as the future
examinations are concerned, proper curriculum and examination system shall be fixed
keeping in view the objectives of the Act”.

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CONCLUSION

The treatment of people with disabilities has varied through the centuries, and it has more
commonly been oppressive than otherwise. A sustained campaign for rights by persons with
disabilities, their family members and well wishers has given birth to new thinking about
disability. “This has a clear bearing on the legal and policy frameworks and the mechanisms
for their implementation. While it may be possible to discuss the issue of disability rights in
much greater length and depth, the issue is ultimately a simple one. As human beings, in
addition to access, education, health care, rehabilitation services and employment, all people
with disabilities need a safe, secure and accessible environment which is respectful of their
dignity. We need to learn to care for all human beings as human beings, with due respect for
all their differences.”
These efforts to strengthen the monitoring mechanism of the Standard Rules, to establish a
new convention specific to disability, and to monitor the human rights situation of people
with disabilities globally, are all aimed at implementing the many important international
commitments addressing the human rights of people with disabilities. Recent decades have
witnessed the increasing recognition of disability as a human rights issue and an
acknowledgement of the UN human rights system's responsibility to take action to protect
and promote the human rights of people with disabilities. “The recent developments at the
international level highlight the importance of a human rights approach to disability. For
these international statements to become local realities, we must continue to insist on a
human rights perspective and on effective monitoring mechanisms to expose government
inaction and provide recourse for violations of the human rights of people with disabilities.”

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