Authorities Sub Committee Meeting of 31 August 2010

Agenda 1 - Purpose of Act and Nature of Authorities-

Dr Shyamala - TO begin with the purpose of the CRPD. Promote, protect and ensure the full enjoyment of all human rights and fundamental freedoms by all PDs and to promote respect for their inherent dignity.

Dr Uma Tuli - Equal opportunities and full participation.

Non discrimination is the other purpose which we are looking into.

Dr Kaul - Awareness sensitization (Attitudinal barriers and Social Acceptance) are the crucial points which needs to be looked into.

Ms Poonam Natarajan- Autonomy.

Mr Dhariyal- Monitoring implementation of provisions of various disabilities laws and programmes/schemes.

Dr Shyamala- Talked about right issues- Right to liberty, integrity, life, political and public participation, health, cultural, sports and leisure, rights, education rights, employment, Accessibility, Economic Empowerment, Right to avail professional services, ensure equal distribution of resources, non disparity, right to justice, Social Security, Support Systems, Human Assistance, Spiritual Rights, Right to participation which established identity of a person.

Dr Menon- Clear cut language for defining rights of Person with Disability. Language framing should be clear and precise. Authorities will flow from the rights which are defined.

Dr Kaul - Accessing rights.

Mr Dhariyal - Non discrimination .

Ms Natarajan - Disability is the evolving concept.

Dr Shyamala - Inclusion

Dr Tuli - Mainstreaming Persons with Disabilities.

Dr Shyamala - Protective mechanisms against abuse, exploitation and violence and harassment.

Accessibility (Physical, virtual), Universal design

Ms Natarajan - A chapter on rural/tribal areas, other marginalised groups, women with disabilities and children with disabilities, persons with high support needs.

Certification

Empowerment to Authorities, Accountability

Legal Capacity

Disaster Management/Situation of Risks

Right to information in accessible formats as well as ensure availability to the information seeker.

Affirmative action.

Reasonable accommodation

Agenda - 2

Recommendation-There should be a separate Ministry.

SWOT analysis of the existing authority.

The powers exercised by the existing authorities, manner in which entitlements being implemented. Empowerment of existing authorities, if that not possible then a new authority.

Chief Commissioner Disabilities will coordinate work of:

  • Dr Kaul - The Authority should not only be a redressal authority but a wider function to perform.
  • Mr Pitam Singh, Dy CCD - Implementation and Monitoring should be separate bodies.
  • Mr Pattanayak - Presented the mechanism of PF commissioners, Labour Commissioners.
  • Dr Menon - CCD and SCDs have a role to play in new Act. Empower existing system for better implementation.
  • Dr Shyamala - Participation of People with Disabilities.

Functions of the Authority:

  • Accountable to Persons with Disabilities.
  • Advocacy, Inclusion and participation is being fulfilled.
  • Enabling environment to be created.
  • Monitor implementation of the Act.
  • Redressal of grievances
  • Social Audit
  • Public Private partnership.
  • To reach upto the Panchayat level.
  • Coordination and monitoring of Programmes.
  • Avenues and opportunities for participation.
    The authority at the National Level and also at the State level the role of that authority will be advocacy awareness raising, sensitization. Monitoring the implementation of the Act, the strategy also recommend evolution of policy on disability, co-ordination among different authorities in the disability sector for e.g RCI, NT, NHFDC, Ministries etc. Adjudicating authority likes CCDs and SCDs with adequate support of infrastructure and finance. Persons with Disability should have a strong representation in the authority, in form of members or committees.

The commissioner set up should be executive arms of the body.

Participation of States at the Central level Elections.

Coordination is required at higher as well as the ground level.

JS (DD) Recommendation received is Disability Certificate should be valid all over the country for all purposes. Notified by appropriate Govt. Nature of certificate should be looked into.

Suggestion from Mr Dhariyal- The authority at the National Level and also at the State level the role of that authority will be advocacy awareness raising, sensitization. Monitoring the implementation of the Act, the strategy also recommend evolution of policy on disability, co-ordination among different authorities in the disability sector for e.g RCI, NT, NHFDC, Ministries etc. Adjudicating authority likes CCDs and SCDs with adequate support of infrastructure and finance. Persons with Disability should have a strong representation in the authority, in form of members or committees.

Dr Syamala - Developing support systems to be looked into by authority. Strengthening the voice of people with disability.

A separate authority needs to be created as decided by the sub-committee. There should be separate Ministry for Disability Affairs.

CCDs will have adjudicating powers.

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