PARIVAAR

NATIONAL CONFEDERATION OF PARENTS’ ORGANISATIONS

For Persons with Intellectual and Developmental Disabilities
Address for correspondence: A-1, Green Acres CHS, Saulanke Vihar Rd. Pune 411048
Email: [email protected] Tel 020-4860 3437

Submission to the CRPD Committee on General Comment 8 on Art 27 of CRPD

By Cdr. Shrirang Bijur, President, Parivaar NCPO

1. Introduction
Introduction of Parivaar, India
Parivaar NCPO is a National Confederation of Parents’ Organizations in India. The Parent
Organizations provide services to Persons with Intellectual & Developmental disabilities
[Intellectual disabilities, Autism, Cerebral Palsy & Multiple disabilities]. Parivaar has over
300 parent & non-parent civil society organizations affiliated to it who are present all over
India. Parivaar’s principle objective is to advocate for the rights and inclusion of persons with
intellectual and developmental disabilities. In addition, we also create awareness among the
parents and society. We also undertake initiatives which can be trailblazer for the rights and
wellbeing of our beneficiaries.
Parivaar also enabled formation of Self Advocates’ Forum of India (Safi), a designated DPO
of persons with intellectual and developmental disabilities. Self Advocates Forum of India
has over 900 members and has been active in advocating for the rights of persons with
intellectual and developmental disabilities.
Parivaar has initiated a livelihood project in five rural geographies in five states of India(one
district-taluka in each state). The baseline survey is getting completed and the statistics
included in our response in the section 3 of this paper are taken from this survey.
Art 27 of CRPD
India was one of the early signatories of UNCRPD and followed it up with an Act of
Parliament namely Rights of Persons with Disability Act. The Act brings as at par with
UNCRPD as far as the intent and legislation is concerned. The implementation has been
slow. We welcome the preparation of General Comments on Article 27 – the right to work
and employment. We are hopeful that General Comments will provide required guidance to
member countries and recommend means to implement the provisions for the most
discriminated and marginalized persons.
The persons with intellectual disabilities are the most discriminated persons who are often
outcastes in the society and shunned in the family, thereby depriving them to attain their
potential. Many mainstream schools, skill building institutions and employers consider them
‘not trainable or not employable or not fit for work’, a situation that still persists in most
countries. On this matter, the Committee has also undertaken an inquiry under article 6 of the
Optional Protocol to the Convention (CRPD/C/15/4). In its report on the inquiry, the Committee
noted that work capability assessments to deem persons with disabilities “fit to work” have been
focused on a functional evaluation of skills and capabilities and have put aside personal
 circumstances and needs and the barriers faced by persons with disabilities in returning to
employment, particularly those of persons with intellectual and/or psychosocial disabilities 1 .
Parivaar fully subscribe to it and consider it to be one of the factors that must be considered by
states in devising their program and schemes for the implementation of Art 27 of CRPD.

Based on the above context that Parivaar has analyzed the implementation of Article 27
utilizing the experience and state of affairs experienced by its affiliated organization. Our
recommendations are specific to ‘State Parties Obligations’ and therefore appended under
it.

2. Normative content: Legal analysis and links to the general principles of the
Convention: the right to work and employment as a fundamental and
transversal human right.
Parivaar is in consonance with legal analysis and normative content provided by CRPD team.
Wherever we have observation on the normative content, the same is included under the respective
sub-para.
I. Interpretation of article 27.1
II. Interpretation of article 27.1 (a): Discrimination in the workplace, including workplace
segregation
The Committee outlined in its Concluding Observations that States parties are required under
the Convention to move away from sheltered and segregated work employment,2 and has called
on States parties to modify and abolish discriminatory laws and policies. Many Sheltered
workshops are started by group of Parents of persons with intellectual disabilities who
recognize the ‘work capacity’ and ‘employability’ of their wards, but unable to find any avenue
for their adult son/ daughter for livelihood or even occupation. An adult with intellectual
disability who has to sit at home, without purpose 24X7, may develop mental illness resulting in
behaviour issues. A Sheltered workshop does not necessarily mean discriminatory workplace. It
may be a segregated workplace, not by design but by circumstances. The primary reason being
that the state has not enabled education and skill building inputs as required by the person with
intellectual disability. Besides, the community is not aware enough to welcome such workshops
since the general perception remains that persons with intellectual disabilities cannot work and
needed to be kept at a distance. The state has to create awareness and encourage community
participation. The parents and their adult son/ daughters with intellectual disabilities will
welcome it, and feel relieved. Because as on date these are the main avenues available for
Persons with intellectual disabilities to work and interact socially at workplace. Therefore, the
need of the day is to transform ‘sheltered workplaces’ in to ‘Community assisted workplaces’.

The committee may consider whether terming a group of persons with intellectual disabilities
and their parents, who form ‘sheltered workshops’ as an inappropriate group (or a segregated
group) in itself is a form of discrimination. For example Mensa International
(https://www.mensa.org/) is not considered a segregated group. The segregation is practiced by
an unaware society and oblivious state. There are many similar groups of like-minded
individuals having common interest or qualities who form groups for defined purposes. That do
not deny members of these groups not to interact with and within their communities. The state

1
CRPD/C/15/4, para 102.
2
See for example, CRPD/C/MDA/CO/1, para. 48.
 obligation should be to end discrimination and segregation of such groups by creating
awareness in the society.
III. Interpretation of article 27 (b): The right to equal remuneration for work of equal value
Concur
IV. Interpretation of article 27 (b) part II: Applying health and safety considerations in a non-
discriminatory way
Concur
V. Interpretation of article 27 (b) part III: Measures to eliminate discriminatory attitudes and
harassment, particularly against women, migrants and refugees with disabilities
Concur
VI. Interpretation of article 27 (c): Labour and trade union rights on an equal basis with others
Concur
VII. Interpretation of article 27 (d) and (j): Access to inclusive education and inclusive vocational
training
In case of persons with disabilities the “one fit all” skill building cannot apply. Different types and
extent of disabilities require different type, extent and additional content of training inputs. The
intensity of training will also differ. In case of Persons with intellectual disability the skill building
consists of 1) Soft skills for self-realization and social adaptability 2) job skill for performing the
assigned job. This needs to be articulated to the state because one fit approach will not do justice to
the provisions of Article 27 and resultant employability. The persons with intellectual disabilities
have been disadvantaged because of such approach.
VIII. Interpretation of article 27 (f): Self-employment, microfinance, business development services
The ‘sheltered workshops’ can also be transformed into Self Help Groups with judicial mix of
persons with disabilities and mainstream women coming from economically weak families.
IX. Interpretation of article 27(g) Employment of persons with disabilities in the public sector
Concur
X. Interpretation of article 27 (h): Affirmative action programs and special attention to persons
with disabilities who are particularly excluded from the labour market
Concur
XI. Interpretation of article 27 (i): The obligation to provide reasonable accommodation in the
workplace and the denial of reasonable accommodation as a form of disability-discrimination,
including in recruitment processes
The reasonable accommodation has largely interpreted to include measures required for physical and
neurological disabilities. The reasonable accommodation should also involve special assistance or
provisions required by persons with intellectual disabilities, Mental behaviour and those with high
support needs. For persons with intellectual disabilities the reasonable accommodation would require
provision of Mentor on as required bases and Self Advocacy training as part of continuous education
program - CEP.
XII. Interpretation of article 27 (k) Return-to-work programmes
Concur
XIII. Interpretation of 27 (2) forced or compulsory labour
Concur

3. State Party Obligations

I. Immediate Obligations
1. Transforming the Sheltered work employment into Self Help Group OR Assisted Workshop
format: The sheltered workshops are at present the mainstay of engagement of persons with
intellectual disabilities for work, in India. The parents get together and work on mostly volunteer
basis to manage and run the workshops where their own as well as neighboring persons with
intellectual disabilities work. There are models like “Self Help Groups (SHGs)” that can be emulated
and community participation encouraged. The governments should enable such linkages by training
the management of Sheltered workshops for product value enhancement, formation of market
 linkages and product viability studies. The Self Help Groups protocol would achieve the threefold
objectives of employment, inclusion and empowerment. At present in most states the statute indicates
SHGs to comprise of women only. This is to be amended and Persons with Disabilities included for
formation of SHGs. In India State Livelihood Mission and National livelihood missions are
promoting SHGs and their rules to consider Persons with Disabilities (who are part of sheltered
workshop) as Below Poverty Line (BPL) persons, and given facilities available for BPL population.
As mentioned earlier the Sheltered Workshops need to be transformed into ‘Community Assisted
workshops’ or SHGs.

2. Creating Awareness regarding the Rights of Persons with Disabilities among the
administrators & Judiciary: It is not unusual to find bureaucracy at many positions and levels to be
unaware about Rights of Persons with Disability Act 2016, which was legislated consequent to India
signing UNCRPD. This lack of sensitization results in inaction on the part of government
departments to expedite the plans and schemes formed to benefit Persons with disabilities, especially
for employment. Introduction of UNCRPD/ State Act in the training curriculum at Training institutes
for Civil Service, Administrative staff Colleges, Judiciary Training colleges will provide necessary
knowledge.: Therefore a subject on Rights of Persons with Disabilities, community based
rehabilitation, various govt rules regulations and schemes and equal opportunity policies along with
positive and negative case studies should be introduced in initial joining-in training for officials
joining Police departments, Central & State administrative services, Judiciary. A capsule form of such
program may be also introduced as in service training for officials.

3. Quota/ Reservation in Boards/ Executive Council of Trade unions & Workers Consultative
Committees, Confederations & Federations of Industry and Trade, Public trusts, Cooperative
societies, Civil societies in public domain: India has notified 4% reservation in all public jobs for
persons with disabilities. These employees/ workers form the unions for collective bargaining and
also internal administration. However, the quota does not apply to entities that can influence its
implementation such as trade unions, industry federations, public trusts and endowments,
confederations in large public sector entities, consultative committees, advisory committees etc. This
4% reservation should be extended to all such bodies since they have large affiliations where in turn
priority for employment of persons with disabilities and reasonable accommodation at work place can
be assured.

4. Payment of Minimum wages and Equal Remuneration for Work by a campaign with Industry
& Business leaders: On the issue of equal remuneration, the CRPD Committee has called on States
parties to ensure that persons with disabilities are paid no less than the minimum wage. On the ground
there is a perception issue (during employment of persons with disabilities) in low-paid jobs where
many times the employer considers it an act of charity or at best sympathy in employing a person
with disability. There are also many instances where unequal wages are paid as an exploitation of
supply-demand equation in remunerative employment. An effective campaign by state among the
employers, Industry leaders, and Trade bodies is required to apprise them about the rights of persons
with disabilities.

II Provision of Reasonable Accommodation

1 Reasonable accommodation is generally construed for persons with physical and neurological
disabilities. The persons with intellectual disabilities have requirement to consult their Mentor or
Personal Assistant who acts as their friend and guide in some social and interpersonal situations.
There remains a need of person with intellectual disability to convey and accept the circumstances for
inter-personal relationship management, for which advice from Mentor is desirable. This also enable
the person to sustain the job as well as enjoy working in the team. Therefore over and above
 accessibility of physical space, data and information; the persons with intellectual disabilities will
require access to his/ her Mentor periodically.

2. Re-thinking on Skill Requirement & Training for Persons with Intellectual Disabilities:
The persons with intellectual disabilities have abysmally low record of employment since the skill
building and training requirements for persons with disability are generally focused on job skill,
accessibility and reasonable accommodation during the training and later at work place. The persons
with intellectual disabilities, who are generally segregated in society for long time, are unable to
adjust socially. The key to the employment plan for the persons with intellectual disabilities is Self-
Advocacy Training in a socially inclusive environment. The Self-Advocacy training for persons with
intellectual disabilities is a soft skill based training which focus on Personality development and
Awareness of their Rights & Responsibilities.
Thereafter these Self Advocates are trained on the job skill required for the type of job she/ he has the
aptitude. The job may range from joining Self Help Group with a family member to pursue a
livelihood, running a small business, working in a workshop operated by the parents’ cooperative,
joining family business or employment in a local enterprise. The job skill training will have to include
basic numeracy/ literacy, concept of money, time, space and technical skills because many adult
persons with intellectual disabilities may not be literate in above aspects.

III Particular obligations within the context of article 27

a. Data Collection and Analysis for Impact Assessment
State parties have to regularly collect data to be able to assess the impact of their policies and their
implementation. Relying on the general census, that takes place once in ten years, may lead to delays
and states will miss out on timely course correction and feedback. For example in the rural regions of
five states in India where Parivaar is implementing livelihood project for persons with intellectual
disabilities the following figures derived from baseline survey provide a very different situation
regarding employment. In a sample size of 284 persons with intellectual disabilities, living in rural
areas and in working age group, only 6.69% were ever employed. Further this survey indicates only
5.53% of persons with intellectual disabilities have received remuneration. Only 15.8% of surveyed
persons with intellectual disabilities have been through any skill development training. The persons
surveyed are all in employable age. This is in spite of reservation of jobs in poverty alleviation/
employment guaranty schemes in rural areas, where not even a fraction of reserved vacancies are
utilized by persons with disabilities.
4. Relationship with other provisions of the CRPD
Consultations with DPOs in the context of social dialogue
Persons with disabilities and their families and organizations have vital role to play in policy
planning, drafting of legislations, provisions of plans and schemes and providing grass root feedback.
Therefore apex level bodies may lay special emphasis on such consultation – both formal and
informal. The representatives should be involved from each type of disability and extent of disability
because there are bound to be some common and some specific needs. The articulation of their needs
may be direct or through their families or the organizations.
The consulting agencies also have the responsibility to share their views, data, analytics and proposed
course of action, in advance, giving due time for consultation among the members of DPOs.
There are many geographies having different communities, rural-urban, castes/tribes and income.
Therefore representation from such plural societies is ideal when the groups within a geographies are
well represented in DPOs. Wherever the persons themselves require support from their parents or
mentors or assistants it should be provided and such persons should be included as representatives of
persons with disabilities along with them. Reasonable accommodation and accessibility, both
physical, information and dialoguing should be available.
The consulting partners should be provided with feedback on the outcome of the consultation and
periodically informed about the final outcome in a progressive manner.
5. Implementation at national level
Some of the positive highlights of disability legislations in India are given below

a. Distribution of reserved quota among the various types of disabilities. The Rights of Persons with
Disabilities provides for 4% reservation of all state jobs at every level of government. This 4% is
further sub divided into 4 sets for the disabilities specified for respective set. This has the advantage
of even spread of reserved vacancies among the various types of disabilities.
b. There are penal provisions provided in the Rights of Persons with disability Act for violating the law.
Stricter provisions are laid down for humiliating, intimidating, dishonoring a person with disability in
any place within public view.

We wish to thank UNCRPD team for giving us the opportunity to express Parent’s views on behalf of our
children with intellectual disabilities.

We request that the Ms. Aditi Verma, President of Safi (Self Advocates’ Forum of India) be given an
opportunity during the deliberations of CRPD Committee to express views of over 900 persons with
intellectual disabilities who are members of Safi.

Warm regards

Shrirang Bijur
President, Parivaar – National Confederation of Parents’ Organizations, India
Tel +91 7387625555