ABSTRACT
This article is based on the Theories and Principles of the Convention on the rights of people
with disabilities (CRPD). It, therefore, demonstrates the potential value and utility that these
have, in extending the inherent value of human rights that people with disabilities are endowed
with. The implementation of the CRPD is a challenge considering the complex ‘rights based’
issues involved and because disabled people have to generate commitment from civil society
and government.
KEYWORDS
DPO – Disabled Persons Organisation
CRPD – Convention on the rights of persons with disabilities
NGO – Non-Government Organisation
INTRODUCTION
A disability is a mental, developmental, intellectual, physical, sensory, or a combination of
these impairments. It has a huge impact on a person’s life as well as their family’s. Disability is
a contentious issue, with various interpretations in various groups. Certain institutions regard
it as a specific medical ailment that must be treated, based on certain mental or physical
characteristics. Individual restrictions imposed on individuals by the constraints of today’s
ablest society are frequently referred to as limitations imposed on individuals by the constraints
of today’s ablest society.
Discrimination and stigmatisation of people with mental illnesses have existed throughout
history, and they still exist in today’s civilised world. People who suffer from mental illness
(PMI) are more vulnerable to abuse and violations of their rights. The United Nations has
enacted several laws to guarantee that governments prepare suitable, effective, and timely
implementation plans for the protection of disadvantaged, marginalised, and vulnerable
individuals’ human rights.
CRPD is an International Human Rights Treaty of the United Nations intended to protect the
rights and dignity of persons with disabilities. It was adopted by the United Nations General
Assembly on December 13, 2006. Discrimination is no doubt a basic human rights violation
under the Convention on the Rights of Persons with Disabilities (CRPD). Generally, disability
results from an interaction of impairments with attitudinal and environmental barriers which
hinders full and active participation in the society on an equal basis. Attitudinal barriers, rather
than resource constraints, often create the strongest barriers in ensuring the rights of the person.
Human rights are rooted in the recognition of the inherent dignity and equal worth of all human
beings, regardless of their social background, gender, age, religion, health status, sexual
orientation or any other status. Every person is equally entitled to the fundamental rights
enshrined in the Universal Declaration of Human Rights (1948), and the subsequent nine core
human rights treaties, such as the International Covenant on Economic, Social and Cultural
Rights (1966), the Convention on the Elimination of all Forms of Discrimination against
Women (1979) or the Convention on the Rights of the Child (1989). These binding treaties
impose obligations on State parties to respect, protect and fulfil human rights. The convention
reaffirms that persons with disabilities are entitled to all civil, political, economic, social and
cultural rights enshrined in the eight core conventions. It specifies the content of these rights
in the context of disability and includes new dimensions.
FACTS
As per the 2011 Census of India, there are 26.8 million persons with disabilities in India who
constitute 2.21 per cent of the population. Out of these, 15 million are males and 11.8 million
are females. The Census data also illustrates that 69.50 per cent of persons with disabilities live
in rural areas. While it is well acknowledged that persons with disability (PWD) routinely face
violations of their basic rights including food, housing, education, health, work and social
security, it is also imperative to recognize that imposition of physical and social barriers is the
root cause of their exclusion and marginalization in the society.
The UNCRPD defines disability as an evolving concept. Furthermore, various initiatives are
being implemented regularly for the welfare of the Disabled. The National Disability Network
formed in 1999 by the NCPEDP, is a network of DPOs and NGOs from across the country to
disseminate information and advocate the rights of persons with disabilities.
NGOs AND THEIR MOVEMENT
• UNNATI Organisation for Development Education
In the light of the urgent need for engendering the values and provisions of the CRPD, an NGO
named UNNATI recently undertook extensive action towards the attainment of UNCRPD
provisions on Education and Employment.
The objectives of the research were to map the outcomes of disability-related programmes
concerning the principles and relevant provisions of the CRPD, further integrating the CRPD
substantively in the ongoing programmes and mobilising broader interest by educating through
dialogue and dissemination. The team in the first phase identified possible partners who had
initiated an inclusive practice for persons with disabilities in the sectors of education and
employment. In an ambit of a wider representation, they chose partners from the private and
public sectors and development organisations, more specifically disabled persons organisations
(DPO). Initially, the programmes and practices of four organisations on employment, one each
from the public and private sectors and two civil society organisations were categorised.
Further 3 educational programmes were included, first, that worked with the governmentsponsored Sarva Siksha Abhiyan, aiming at universalisation of primary education in the
country and two initiatives of inclusive education, run by civil society organisations.
The synthesis of their inclusive practices provides key pointers for future directions. The key
purpose is to facilitate the wider dissemination of inclusive practices and generate dialogue
with various institutions for educational purposes. Furthermore, a regional consultation is being
organised to present, discuss and learn from the existing programmes and practices promoting
inclusion.
• ADAPT – Abled Disabled All People Together
ADAPT formerly known as the Spastics Society of India, Mumbai runs an exhaustive
educational plan of action that represents a paradigm shift from special education to inclusive
education, that includes all children with and without disabilities and children from deprived
socio-economic backgrounds. ADAPT has pioneered and incubated unique models of
education and health service delivery at the micro and Meso levels in Mumbai and across the
nation by inculcating the provisions by the CRPD into it. The programme provides functional
life skills and extracurricular activities for the overall development of children with disabilities
and has inculcated them, despite many challenges.
• MICROSIGN
Microsign Products, Bhavnagar, Gujarat represents a voluntary initiative of employing persons
with disabilities in the private sector, with nearly eighty per cent of the workforce comprising
persons with disabilities. As the result of an individual’s enterprise, Microsign has chosen to
focus on the abilities of its employees: employing persons with hearing impairments and
orthopedically handicapped. In doing so, it creates opportunities for employment of persons
with disabilities who are unskilled or low skilled, and those who have been rejected by their
families and communities
• BLIND PEOPLES ASSOCIATION
The BPA has been working to promote the inclusion of children with disabilities in primary
schools through the Sarva Siksha Abhiyan, which aims at universalisation of primary education
in the country. Through a community-based approach, the district-wise camps help to identify
children with disabilities at an early age, thereby ensuring an early intervention in terms of
health, education and social and economic inclusion. It has developed and disseminated
teaching and learning aids that are accessible to groups of children affected by various
impairments of various classes/ grades. BPA runs a Savinay Sammilit Vidyalaya at Bavla in
Gujarat, which works with children from migrant workers and low-income group families,
including children with various disabilities and those without them.
Further, it operates an employment cell for persons with disabilities which provides diverse
opportunities for employment and self-employment in the public and private sectors, across
disabilities, with a specific focus on generating employment for women with disabilities. It
attempts to create opportunities beyond the stereotypical jobs for persons with different
disabilities from varied educational backgrounds and experiences.
• Ritham Special School for the Mentally Challenged Children
This institute has recognized that the lack of access to proper education and individual attention
to the specially-abled students has led to these young students dropping out of school. This
particular institute curates a syllabus based on individual assessment of each special student
and provides a one to eight teacher-student ratios for these disabled students thus, ensuring that
all these special students get proper education and individual attention.
• VISHWAS – Vision for Health Welfare and Special Needs
The team at VISHWAS promotes the rights and interests of people with disabilities. It
collaborates with different stakeholders to build knowledge and create inclusive practices and
policies to create meaningful participation. VISHWAS furthermore has 4 strategically devised
complementary programs. Which are as follows –
- VISHWAS Vidyalaya – lays out an equitable and inclusive school system for disabled and
underprivileged children. - VISHWAS Research and Training Programme – aids to enhance operational education to
bridge the gap between planning and implementation. - VISHWAS Skill Development and Training Programme – supports young adults and adults
with disabilities with skill development and life skill opportunities. - VISHWAS Community based Programme – it facilitates various committees in providing an
inclusive environment which is hurdle free and empowering
DIRECTIONS FOR FUTURE
The key directions for further strengthening inclusive practices, based on the emerging
experiences and challenges have been summarised below:
- Developing capabilities of persons with disabilities to better negotiate for their rights,
themselves. - Improving access to information and the built environment.
- Making the terms and conditions of work and employment fair and favourable for persons with
disabilities. - Upscaling efforts for inclusion by documenting them, and creating a wider dialogue with
various institutions. - Building an emancipatory research agenda to investigate the life experiences of persons with
disabilities in various walks of life, particularly those of women and children in rural areas.
CONCLUSION
The CRPD is a broad vision and provides guiding principles for realising the rights of persons
with disabilities. Disability refers to the disadvantage or restrictions of activity caused by how
a society is organized, which takes little or no account of people who have physical, sensory
or mental impairments. Disability is an unfortunate part of human life which can affect not
only the natural way of living but also cause despair and affect components of strengths and
power. The above initiatives have emerged from the commitment and experiences of disability
organisations and activists, or the individual commitment of individuals and organisations
towards more equal, inclusive communities. However, the case studies provide illustrations of
ways and means in which inclusive practices can be adopted. In order to implement these
principles in reality and for eliminating the existing barriers to the full and effective
participation of persons with disabilities in all walks of life, present efforts for inclusive
practices need to be documented and examined in the light of CRPD continuously. There is a
need for wider dissemination and dialogue among various stakeholders – the government,
persons with disabilities and their families, disabled people’s organisations, civil society,
academia and the private sector – at the local and national levels to remove the barriers and
harness the potential of persons with disabilities