HimaniBansal15
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Feb 28, 2019
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About This Presentation
the united nations convention on the rights of people with disabilities
Size: 1.52 MB
Language: en
Added: Feb 28, 2019
Slides: 28 pages
Slide Content
United Nations Secretariat for the Convention on the Rights of Persons with Disabilities UNCRPD is an international instrument that provides persons with disabilities the same human rights that everyone else enjoys. It marks a radical shift in defining and understanding disability - it moves from a medical/social perspective to a human-rights based approach.
The ratification of UNCRPD was a direct result of the advocacy by: 1. national centre for promotion of employment for disabled people ( NCPEDP) 2. disabled rights group (DRG)
NCPEDP National Centre for Promotion of Employment for Disabled People (NCPEDP) was registered as a Trust in 1996. It was set up with a mandate to: Encourage the employment of disabled people. Increase public awareness on disability issues. Empower disabled people through appropriate legislation. Equip disabled people with educational opportunities. Ensure easy and convenient access to all public places.
Disabled Rights Group (DRG) Issues Of Concern Disability as a reason for discrimination Lack of education opportunities both at the primary and higher levels Lack of employment and livelihood opportunities Lack of physical Access in the built infrastructure Lack of access to information in accessible formats Denial of rights to promotion and emoluments to those who do find employment Denial of reasonable accommodation in employment, education and so on Denial of access to most Civil and Political rights Marginalisation and discrimination faced by women with disabilities
UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES - TIMELINE Adoption by the United Nations General Assembly - 13 December 2006 Opened for signature - 30 March 2007 Entry into force – 3 May 2008 First Conference of States Parties – 31 October & 3 November 2008 First session of the Committee on the Rights of Persons with Disabilities – 23-27 February 2008 Number of ratifications – 162 countries w orldwide , 25 EU Member States and EU itself
UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES - PURPOSE Article 1 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”
UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES - WHAT IS UNIQUE ABOUT CRPD? ‘ Nothing about us, without us’ - a forceful call from persons with disabilities around the world to have their human rights respected, protected and fulfilled on an equal basis with others • A policy instrument which is cross-disability and crosssectoral : includes all persons with disabilities, including persons with intellectual and psychosocial disabilities, and all areas of life • Legally binding, both for public authorities and private entities
UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES - HUMAN RIGHTS BASED APPROACH The Convention marks a ‘paradigm shift’ in attitudes and approaches to persons with disabilities. • Persons with disabilities are not viewed as "objects" of charity, medical treatment and social protection • Rather as "subjects" with rights, who are capable of claiming those rights and making decisions for their lives based on their free and informed consent as well as being active members of society • The Convention gives universal recognition to the dignity of persons with disabilities
Preamble of CRPD : ‘ Disability is an evolving concept, and that disability results 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 ’ Article 1 CRPD : ‘ Persons with disabilities include 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’
GENERAL PRINCIPLES (Art 3) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons • Non-discrimination • Full and effective participation and inclusion in society • Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity • Equality of opportunity • Accessibility • Equality between men and women • Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities
Children with disabilities To take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration. To ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity , on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right.
Effective individualized support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion . shall take appropriate measures to employ teachers, including teachers with disabilities, who are qualified in sign language and/or Braille , and to train professionals and staff who work at all levels of education. Such training shall incorporate disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities.
Non-discrimination Fundamental principle of international human rights law • Includes direct and indirect discrimination • The obligation of providing reasonable accommodation for persons with disabilities • Reasonable accommodation: ‘necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms’
Accessibility Important as a means to empowerment and inclusion. Both a general principle and a stand-alone article (article 9) Access must be ensured to: • Justice (article 13) • Living independently and being included in the community (article 19) • Information and communication services (article 21) • Education (article 24) • Health (article 25) • Habilitation and rehabilitation (article 26) • Work and employment (article 27) - human resource policies and practices • Adequate standard of living and social protection (article 28) • Participation in political and social life (article 29) • Participation in cultural life, recreation, leisure and sport (article 30)
PREVENTATION AND EARLY DETECTION OF DISABILITIES (a) Undertake or cause to be undertaken surveys, investigations and research concerning the cause of occurrence of disabilities; (b) Promote various methods of preventing disabilities; (c) Screen all the children at least once in a year for the purpose of identifying "at-risk" cases; (d) Provide facilities for training to the staff at the primary health centres; (e) Sponsor or cause to be sponsored awareness campaigns and is disseminated or cause to be disseminated information for general hygiene. Health and sanitation,
(f) Take measures for pre-natal, parental and post-natal care of mother and child; (g) Educate the public through the pre-schools, schools, primary health Centers , village level workers and anganwadi workers; (h) Create awareness amongst the masses through television, radio and other mass media on the causes of disabilities and the preventive measures to be adopted;
EMPLOYMENT Appropriate Governments shall-- (a) Identify posts, in the establishments, which can be reserved for the persons with disability; (b) At periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology
AFFIRMATIVE ACTION To provide aids and appliances to persons with disabilities. The appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concession] rates for- (a) House; (b) Setting up business; (c) Setting up of special recreation centers ; (d) Establishment of special schools; (e) Establishment of research centers ; (f) Establishment of factories by entrepreneurs with disabilities
The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development. Provide for- (a) Installation of auditory signals at red lights in the public roads for the benefit of persons with visually handicap; (b) Causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users; (c) Engraving on the surface of the zebra crossing for the blind or for persons with low vision; (d) Engraving on the edges of railway platforms for the blind or for persons with low vision; (e) Devising appropriate symbols of disability; (f) Warning signals at appropriate places.
RESEARCH AND MANPOWER DEVELOPMENT The appropriate Governments and local authorities shall promote and sponsor research, inter alia,, in the following areas- (a) Prevention of disability; (b) Rehabilitation including community based rehabilitation; (c) Development of assistive devices including their psychosocial aspects; (d) Job identification; (e) On site modifications in offices and factories.
The appropriate Governments shall provide financial assistance to universities, other institutions of higher learning, professional bodies and non-governmental research-. units or institutions, for undertaking research for special education. rehabilitation and manpower development.
GENERAL OBLIGATIONS (Art 4) Law and policy review • To adopt new legislation and policy to implement CRPD • To modify or abolish existing legislation and policy that constitutes discrimination against persons with disabilities; • To mainstream the human rights of persons with disabilities in all policies and programmes. Research and development of universally designed goods, services, equipment and facilities, and new technologies, including information and communications technologies, mobility aids, devices and assistive technologies Training of professionals and staff working with persons with disabilities in the rights recognized in this Convention so as to better provide the assistance and services guaranteed by those rights.
LAW AND POLICY REFORM
UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES - TRAINING AND AWARENESS RAISING FOR • Persons with disabilities • all officials working to promote CRPD at the national, regional and local levels • Health, legal, educational professionals (civil servants, judges, social workers, teachers, educational administrators, other educational staff, police) • Election officials and staff (voting) • Sign language interpreters ON • Human rights model and inclusion • Accessibility • Reasonable accommodation, • Legal capacity including supported decision-making • Inclusive education
RIGHTS Equality before the law without discrimination (article 5) Right to life, liberty and security of the person (articles 10 & 14) Equal recognition before the law and legal capacity (article 12) Freedom from torture (article 15) Freedom from exploitation, violence and abuse (article 16) Right to respect physical and mental integrity (article 17) Freedom of movement and nationality (article 18) Right to live in the community (article 19) Freedom of expression and opinion (article 21) Respect for privacy (article 22) Respect for home and the family (article 23) Right to education (article 24) Right to health (article 25) Right to work (article 27) Right to adequate standard of living (article 28) Right to participate in political and public life (article 29) Right to participation in cultural life (article 30)