UNCRPD Country Report

The UNCRPD marks a paradigm shift away from the medico-charity model of disability.  It is based on the precept of the “social model ” which recognises disability as ‘an evolving  concept’ resulting 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.1

As per the guidelines set by UN the Country Report would contain information about the activities of the State in upholding and implementing the UNCRPD viz., the protection and promotion of human rights and as well as information on non-discrimination and equality, and effective remedies, in accordance with the harmonized guidelines.

In addition we would like to highlight the efforts of the non-state parties like NGOs, individuals, private organisations etc that has been path breaking. These could be individual success story, best practices or any activity that has been instrumental in bringing about change in the lives of persons with disabilities in the true spirit of UNCPRD. There is a lisitng of UNCPRD articles, a brief explanation of the article and some examples of issues on which you could send in information.  You are free to send information on any other matter that is relevant to the articles on UNCPRD in letter and spirit.

You could write to us at contact@disabilitystudiesnalsar.org. We would also be thankful if you could let us know of any individuals or organizations working for disability rights in parts of the country which lack access to the internet and we will proactively reach them.

ARTICLE 6 WOMEN WITH DISABILITIES

Explanation

Women and girls with disabilities face all types of discrimination.

Some Examples

  • Cases and judgements of SHRC, WC, Disability Commissioners office, High Court, Domestic Violence Act

  • Studies / Reports

  • Central / State initiative or action to support the growth and empowerment of women with disabilities

  • Success Stories

  • Central or State government scheme

  • Any initiative by Private sector

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ARTICLE 7 CHILDREN WITH DISABILITIES

Explanation

  1. Priority to children in matters that concern children
  2. Children with disabilities have the right to express their opinion and that their opinion is taken into account. Children with disabilities get help appropriate to their age they need to express their opinions

Some Examples

  • Success Stories
  • Parent Groups / Schools
  • Best Practices by Schools
  • Cases and judgements concerning children ( JJA)
  • Studies / Reports

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ARTICLE 8 AWARENESS-RAISING


Explanation

Stereotypes are incorrect notions that classify and assume negative traits. Stereotypes are often damaging which leads to discrimination against persons with disabilities.

Some Examples

  • Mechanism to fight against stereotypes of persons with disabilities;
  • Central / State laws / rules
  • Cases of discrimination
  • Court Orders
  • Highlight  public campaigns about the rights of persons with disabilities that show that persons with disabilities have the same rights as all people;
  • Movies [English, Hindi or Regional]
  • Television Serials [English, Hindi or Regional]
  • Advertisements [English, Hindi or Regional]
  • Poster [English, Hindi or Regional]
  • Efforts of Central / State to encourage cinema. Media to portray positive images of persons with disabilities that that recognise and respect them as members of society 
  • Image of persons with disabilities in workplaces  / hospitals / schools / public places etc
  • Cases of discrimination
  • Court Orders
  • Best Practices
  • Training and awareness programmes on the UNCRPD principles
  • Govt. Disability Commissioners Office
  • NGO

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ARTICLE 9 ACCESSIBILITY

Explanation

Eliminate barriers that persons with disabilities face in buildings, the outdoors, transport, information, communication and services, in both cities and the countryside..


Some Examples

  • Buildings, roads, transportation, indoor and outdoor objects, for example, schools, housing, hospitals, health centres, and workplaces;
  • Government laws on Accessibility
  • Instances of implementation of accessibility in new projects and
  •  Instances of implementation of accessibility in existing buildings
  • Best Practices by private sector on accessibility
  • Access Audits carried out by individuals. NGOs, access audit consultants, and Govt.
  • PIL on access, orders by various judicial authorises on access
  • Accessible Websites
  • Implementation of State govt. And central govt website of the new accessibility guidelines by govt. Of india
  • Access Audits of Websites
  • Best Practices of private sector websites
  • Private businesses and organizations that are open to the public are accessible for persons with disabilities;
  • Malls, Offices etc
  • Implementation
  • Access Audits carried out
  • Training for accessibility and other issues concerning persons with disabilities need when it comes to accessibility;
  • Airline staff, etc
  •  Braille signs and easy to read and understand information for blind persons
  • Public Places
  • Restaurants [Menu]
  • Museums, etc

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ARTICLE 10 RIGHT TO LIFE

Explanation

All persons with disabilities have the right to life.

Some Examples

Highlight central government / state government  law  / schemes other than prevention of disability and is recognising the  value of disabled life.

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ARTICLE 11 SITUATIONS OF RISK AND HUMANITARIAN EMERGENCIES

Explanation

Protection of persons with disabilities in the case of war, natural catastrophes or other emergencies.

Some Examples

  • Statistics on how many persons become disabled during communal violence, natural disasters, riots
  • Policy on prevention and management of disaster manmade or natural with respect to persons with disabilities.
  • Industrial disasters… e.g. Bhopal Gas tragedy.
  • Rehabilitation
  • Compensation Package
  • Statistics
  • Policy by Private sector
  • law and policy and schemes…tsunami, earth quake..where persons with disability figure..

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ARTICLE 12 EQUAL RECOGNITION AS A PERSON BEFORE THE LAW

Explanation

Persons with disabilities have the right to be recognised as people before the law and have the same legal capacity to make choices / take decisions in every aspects of their lives including legal issues. Persons with disabilities have the right to own or buy property; to control their money or other financial affairs; and get bank loans, mortgages and credit.

Some Examples

  • Policies / Schemes on providing support for persons with disabilities by Central /State governments
  • Guardianship and support..National Trust now has depository ..various people who have been awarded guardian ship. 
  • Parivaar project on supported decisions
  • Equal access to bank loans: special provisions for people with disability.  What support given for wheel chair users for getting bank loans.
  • Is any special provisions are there for blind persons for obtaining bank loans.  RBI has given guidelines for issuing bank loans for disabled persons and persons with blindness.
  • Whole financial regulations around disability persons while sanction a loan. Are there any specific instructions for loan disbursing officer?
  • National Handicapped Finance Corporation.  Services: Insurance, social security, financial, credit etc.

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ARTICLE 13 ACCESS TO JUSTICE

Explanation

Persons with disabilities can access the justice system wth reasonable and age-appropriate accommodation so that persons with disabilities can be productively involved in all stages of legal processes, for example, being a witness.

Some Examples

  • Training for people working in the justice system, such as police and prison staff.
  • Legal services authority act. 
  • Judicial Academies. 
  • National Police Academy
  • Judicial academy
  • ASCI (Administrative Staff College of India)
  •  High Courts.. Access to Justice. 
  • Cases in various courts of law

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ARTICLE 14 LIBERTY AND SECURITY

ARTICLE 15 FREEDOM FROM TORTURE OR CRUEL, INHUMAN OR DEGRADING TREATMENT OR Punishment

ARTICLE 16 FREEDOM FROM EXPLOITATION, VIOLENCE AND ABUSE

ARTICLE 17 PROTECTING INTEGRITY

Explanation

  • Persons with disabilities have the same right to liberty and security as all other people;  and have his / her liberty taken away by force
  • Persons with Disabilities will be tortured, or be treated or punished in a cruel, inhuman or degrading way.
  • Persons with Disabilities will not be forced to take part in medical or scientific experiments.
  • Prevention of exploitation of persons with disabilities by giving help and appropriate information to make sure persons with disabilities and their families are protected from abuse.
  • Institutions and programmes serving persons with disabilities are regularly looked at to make sure there is no violence or abuse.
  • Support for Persons with disabilities who are victims of violence and abuse.
  • Persons with disabilities have the same right as everyone else to be respected for their physical and mental whole.

Some Examples

  • Legislation of Domestic Violence Act (16.1)
  • RCI ….. obtaining authentic  information on provision of information on education how to recognize on how to avoid, recognize and report instances (16.2)
  • National Trust cases : local level committees (16.3)..
  •  Juvenile Justice Act
  • communal violence (16.4)
  • Child abuse
  • Home bound…juvenile home..not only people with disability
  • Beggary.. mental retardation
  • Trauma centre.. post tsunami
  • Hysterectomy
  • Compulsory treatment
  • Forced Interventions and Multiple surgeries
  • Accessibility in Jails, mental hospitals, NIMHANS etc.
  • Beggary Instiutions

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ARTICLE 18 FREEDOM OF MOVEMENT AND NATIONALITY

Explanation

  • Persons with disabilities have the right to get and to change their nationality and that nobody can take away their nationality without a reason or because of a disability;  and they cannot be denied nationality on the grounds of disability
  • Persons with disabilities are free to leave their own country and any other country; and cannot be stopped from entering their own country on the grounds of disability.
  • Children with disabilities will be registered immediately after they are born. They will have the right to a name, to a nationality and, as much as possible, the right to know their parents, and be raised by their own parents. 

Some Examples

  • Unique identity (UID) scheme …
  • India’s own policy: external affairs ministry for providing visas to persons with disabilities
  • Citizenship provided to persons with disabilities
  • Registration of Birth especially of children with disability in rural and urban areas

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ARTICLE 19 LIVING INDEPENDENTLY AND BEING INCLUDED IN THE COMMUNITY

Explanation

  • Persons with disabilities have the same right to live in the community and to be fully included in all the activities in the community including personal assistance, to help with inclusion and living in the community; with the right to make choices on where and how to live in the community,
  • Persons with disavilities cannot be forced to live in institutions.

Some Examples

  • CBR programmes.
  • Housing Policies..
  • Availability of housing loans to persons with disabilities
  • Reservations for persons with disability in housing
  • Discrimination on the basis of disability for renting / selling out to persons with disabilities
  • Accessibility / Vistability of houses for persons with disabilities

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ARTICLE 20 PERSONAL MOBILITY

Explanation

  • Persons with disabilities can move around with the greatest possible independence, including: access to mobility aids and technology, at affordable cost.
  • Training in mobility skills for persons with disabilities and staff working with them;

Some Examples

  • Alimco Scheme
  • Comparison of cost and quality of aids and appliances subsidised by government and what is available with private vendors
  • BIS (Bureau of Indian standards)
  • Policy / Schemes / Availability of Live assistance ..Dogs, etc
  • Aviation  policy and travelling of live assistance
  • National Institutes for the purposes of training for people with disabilities.
  • Small Scale Industries
  • Custom duties on aids and appliances and Patents for aids and appliances.

Feed Back

ARTICLE 21 FREEDOM OF EXPRESSION AND OPINION AND ACCESS TO INFORMATION

Explanation

  • Persons with disabilities have the right to communicate through Braille, sign language or other types of communication that they choose.
  • Receive information in formats that are accessible and used by persons with disabilities without extra cost (for example, Braille);
  • Encouraging private businesses and organizations that serve the public to make their services more accessible for persons with disabilities;
  • Encouraging the media to make their information accessible to persons with disabilities;
  • Use of sign language. .

Some Examples

  • Information Commissioners under Right to information Act.
  • Braille, Sign language at public places, offices, restaurants, hospitals , railway stations.  Offices of private enterprises, customer services 
  • Publicity division of Government of India (information of polio drops, disasters, Radio, TV, Newspapers)
  • Evidence Act ..Public documents Act
  • Accessibility of Online newspapers
  • Press Council of India
  • Look at the Information Technology Act
  • Telecom Regulatory Authority
  • ICT policies
  • Initiatives to promote Sign language

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ARTICLE 22 RESPECT FOR PRIVACY

Explanation

  • Privacy of persons with disabilities will be respected and nobody violates the honour and reputation of persons with disabilities. Persons with disabilities have the right to be protected by the law from such attacks.
  • Protection and maintain confidentiality of personal, health and rehabilitation information of persons with disabilities

Some Examples

  • Juvenile Justice Act
  • Mental Health Act has a specific provision but it allows for interception in certain specified grounds
  • Data Protection Bill

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ARTICLE 23 RESPECT FOR HOME AND THE FAMILY

Explanation

  • Persons with disabilities have the same right as other people to marry and have a family; have the right to have children and to decide how many children to have, and when to have them. Persons with disabilities have the same right as everyone else to keep their fertility. Persons with disabilities have the rights and responsibilities related to guardianship and adoption of children. Persons with Disabilities will get support in accomplishing responsibilities related to raising their children.
  • Children with disabilities have the same rights as everyone else to a family life. State will provide the information, services and support to children with disabilities and their families.
  • Child[ren] cannot be separated from parents because of the parent’s or the child’s disability.
  • Community to provide care / support when close family cannot take care of children with disability.

Some Examples

  • Central Govt Schemes for marriage of persons with disabilities [Mah gives Rs. 50,000/- for marrying a persons with disability]
  • Discrimination on the ground f disability leading to divorce
  • Inter-Country adoption and the manner in which Children with Disabilities are not treated on an equal basis with others  Scheme in Maharashtra - protection for Children
  • Marriage Portals - contact to find out if there are specific platforms where Persons with Disabilities can meet
  • Look at Custody case law - where parents are denied adoption due to disability

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ARTICLE 24 EDUCATION

Explanation

  •  Persons with disabilities are included in the national  education system, at all levels
  • The education system :
    • will develop their human  potential, sense of dignity and self worth
    • will develop their personality and talents to their fullest potential
    • Participate in society
  • Children with disabilities are not excluded from free and compulsory primary and secondary education because of their disability
  • Persons with disabilities are able to choose accessible education in their own community
  • The State will ensure:
    • Curriculum would be adapted for better learning and teaching
    • Reasonable Accommodation would be available to persons with disabilities to assist them
    • Education includes learning life and social development skills  
    • Braille or other types of communication would be made available and students with disabilities would receive peer support and mentoring
    • Sign language and appropriate types of systems for blind and deaf-blind
    • Train and hire teachers who can teach persons with disabilities
    •  Provide opportunities to vocational training, universities and lifelong learning  to persons with disabilities

Some Examples

  • Planning Commission Report – Education of Persons with Disabilities
  • Right to Education Act – statute as enacted has excluded them
  • Examples of Schools that are providing accommodation – what have they done to actively provide for inclusion
  • Ministry of HRD -- Sarva Shiksha Abhiyaan
  • NCRT, NCTE, RCI, UGC, Department of Adult Education - education regulatory bodies to see how they are addressing the issue of education
  • Look at recent draft Bills from the Ministry of HRD
  • National Knowledge Commission Report
  • Ministry of Disability / Ministry of HRD / Ministry of Social Justice – who will administer education?

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ARTICLE 25 HEALTH

Explanation

Persons with disabilities :

  • have the same right to  excellent health care, without discrimination.
  • health-related treatment and services are available on equal basis as others
  • will get specific services they  need because of their disability
  • will have access to health  services in their communities
  • will get excellent free and affordable health care

State shall ensure:

  • Health workers will give quality care and respect their informed consent
  • Persons with disabilities have access to health insurance and life insurance that is fair and in  accordance with the law
  • Will not be discriminated against or denied health care or health services because of their disability

Some Examples

  • Health Policies – how are they addressing the health needs of persons with disabilities
  • National Population Council
  • Ministry of Health and Family Welfare – Annual Report
  • Too much attention on primary prevention and not on health needs
  • National Health Bill
  • Medical Council of India Guidelines on Informed Consent
  • Insurance Regulatory Authority – write to them and contact one of the offices in Hyderabad
  • Right to Food Bill – need for higher nutrition

Feed Back

ARTICLE 26 HABILITATION AND REHABILITATION

Explanation

State shall ensure:

  • Services and skills to persons with disabilities would be provided to enable independent participation in the community
  • Habilitation and rehabilitation services are  available, especially in health, employment, education and social services sectors
  • Early intervention
  • Promote training programmes for staff working in habilitation and rehabilitation services


Some Examples

  • Connect habilitation to education, health and social services
  • Peer support – case studies where habilitation/rehabilitation is happening through peer support (Case study from Bapu)
  • Trainings of professionals who are in public service – will interact with persons with disabilities – for instance, people who work in airlines
  • Look at the Model Nagara Raj Bill and the Rehabilitation and Resettlement Bill
  • Workmen’s Compensation Act, Armed Forces, Motor Vehicles Act, Disasters - when disability has been ‘produced’, see what is being done after that – pension, position.

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ARTICLE 27 WORK AND EMPLOYMENT

Explanation

State shall uphold and promote the rights of persons with disabilities:

  • to work and earn a living
  • to choose their work environment 
  • not to be treated unfairly when  employed
  • to receive equal pay for equal work done just like everyone else
  • to equal opportunities and to safe and healthy working conditions just like everyone else
  • to complain and not be harassed and to join labour and trade unions
  • career counselling, vocational trainings and career opportunities
  • self-employment and business opportunities
  • hiring persons with disabilities in the government
  • encourage the private sector to hire persons with disabilities
  • make sure reasonable changes are made in the work place environment
  • promote vocational and professional rehabilitation programmes to support the return to work
  • protect people with disabilities from slavery, forced labour

Some Examples

  • Workmen’s Compensation Act – look at schemes that
  • Labour and Employment Ministry – Annual Report
  • Recruitment Rules/Policies – to see how physical fitness is worked out? There seems to be a very general and presumptive standard without looking at the specific needs of a profession
  • Banks and Loan Policies – self employment, cooperatives, entrepreneurship
  • Write to some big trade unions – to see how they take on board the concerns of workers with disabilities
  • Data from Labour Bureau
  • Incentive Schemes for the Private Sector
  • Looking at Employment Exchanges and the Special Employment Exchanges – see if job portals like monster.com and naukri.com have any special platforms
  • Case study of agencies NGOs promoting training, persons with disabilities for jobs
  • For schemes in the open labour market – organizations/people who are job coaches and assistants who help during the adjustment time and assist the person in settling down
  • Case-law around reasonable accommodation – look at cases where people are denied promotion
  • HR/Recruitment policy in India compare it to policies in other countries

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ARTICLE 28 ADEQUATE STANDARD OF LIVING AND SOCIAL PROTECTION

Explanation

Persons with disabilities have right to an adequate standard of living for themselves and their families which includes adequate food, clothing, housing, social security, poverty alleviation schemes, pensions.

Some Examples

  • Rules and Implentation Right to Food schemes
  • Housing Schemes – the Central scheme, the State level schemes and schemes at the Panchayats  level
  • Are there special housing loans schemes are available for persons with disabilities
  • Social Security Schemes
  • Poverty Alleviation Schemes

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ARTICLE 29 PARTICIPATION IN POLITICAL AND PUBLIC LIFE

Explanation

Persons with disabilities have right to vote and be elected.

Some Examples

  • Political Parties/Manifestos
  • Election Commission – and the Election Case filed by DRG
  • Viklang Manch and other groups who are active and strong political movement
  • Efforts of political parties to promote rights of persons with Disabilities [CPIM]
  • Persons with Disabilities – experience as voters?
  • Implementation of Braille Ballot papers and other accessibility requirements in the last elections including accompanied by assistants
  • Statistics of candidates with disabilities in the lok sabha and state and municipal elections

Feed Back

ARTICLE 30 PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE AND SPORT

Explanation

  • State shall take appropriate measures to ensure that persons with disabilities;
  • have access to literature and other writings in formats such as Braille, sign and audio etc.
  • television programmes, film, theatre and other cultural activities in a way that are accessible
  • use  their creative, artistic and intellectual potential
  • are not unfairly treated by laws that protect the ideas of people when they access cultural materials
  • have the right to have their culture and language recognized, for example sign languages and deaf culture
  • have a chance to organize and participate in sport activities
  • receive training and support
  • access sports and recreational arenas
  • participate and play sports at school
  • access services to help them to organize recreational and sporting activities 

Some Examples

  • Commonwealth Games 2010
  • Work on copyrights issue by Inclusive Planet, CIS and other disability groups
  • Efforts of the Ministry of Culture and the Government
  • Libraries and Museums – eg., Bhopal
  • Extent of Support for Indian Contingent to International Sporting Events for Persons with Disabilities at various sporting events including CWG, Paralympics and also sports at national level
  • Look for organization working for leisure activities for persons with disabilities
  • Dance Troops/Plays – Example -- Ramayana on Wheelchair
  • Live/Automatic Captioning – Information Technology Ministry/TRAI/Information and Broadcasting Ministry
  • Movie – mandatory to provide captioning; also look at “Audio Description”
  • Look at the regulatory system for cultural life, recreation, leisure and sport
  • Airlines/Resorts/Hotels/Restaurants – Look at Regulatory Bodies
  • Blind Cricket / deaf cricket


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ARTICLE 31 STATISTICS AND DATA COLLECTION


Explanation

Define the factors or statistical indicators for collecting data and other information.

  • Respect the right to people’s privacy.
  • Respect human rights and ethics when collecting and using the statistics.

Some Examples

  • Census 2011 efforts by Govt to include disability
  • Campaigns by NGOs and groups on census 2011
  • Ethical Guidelines for Collection of Statistics

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ARTICLE 32 INTERNATIONAL COOPERATION

Explanation

Enshrines the concept of inclusive development: persons with disabilities are to be included in all phases of development programs: planning, design, implementation, evaluation, etc.


Some Examples

  • International funding of projects including those by World Bank– are their projects looking into the needs of persons with disabilities including providing accessibility
  • Legal Treatises division? Ministry of Social Justice? – are they entering into any agreements for exchange of knowledge

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ARTICLE 33 NATIONAL IMPLEMENTATION AND MONITORING

Explanation

At least one independent body in the government that will be responsible for monitoring of the UNCRPD also Non-governmental organizations, especially persons with disabilities and their organizations, will be fully involved in overseeing how the UNCRPD is put into practice.

Some Examples

  • How effective has the Disability Commissioners office been in implanting and promoting the PDA and also the precepts of UNCPRD
  • Role of SHRC, courts in upholding the UNCPRD
  • Advocacy and campaigns by NGos, DPOs etc to get authorities to implement the UNCPRD

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