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20 views2 pages

Laws

Uploaded by

neha.chhikara
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LAWS FOR PEOPLE WITH DISABILITIES

Introduction:
Disability is a complex concept that includes a range of physical, mental, intellectual, or sensory
impairments that can limit an individual's ability to fully engage in society. According to the
World Health Organization (WHO), it serves as an umbrella term covering impairments, activity
restrictions, and participation challenges. This definition emphasizes that disability is not just a
medical condition but arises from the interaction between individuals and their environment.
Recognizing this, it is crucial to establish laws that safeguard and support the rights of
individuals with disabilities, enabling their full inclusion in societal activities.

Necessity of Laws for Persons with Disabilities:


The need for laws addressing persons with disabilities (PWDs) stems from several critical factors
:-
● Protecting Rights - Legislation safeguards individuals with disabilities from
discrimination, ensuring fairness and equality. Without such protections, vulnerable
groups risk facing systemic biases in areas such as education, employment, and
healthcare.
● Encouraging Inclusion - Disability laws promote an inclusive society by requiring
accessibility and accommodations, enabling PWDs to fully engage in economic, social,
and political activities.
● Removing Barriers - Comprehensive laws tackle both physical and societal obstacles
faced by PWDs, mandating accessible infrastructure, technologies, and services.
● Raising Awareness and Advocating Right - Laws can increase public understanding of
disability issues, fostering respect and driving advocacy for the rights of PWDs within
communities.

Global Framework for Disability Rights:


The Convention on the Rights of Persons with Disabilities (CRPD), adopted by the United
Nations in 2006, is a landmark agreement that advocates for the rights of persons with
disabilities (PWDs). It provides a comprehensive framework to ensure that PWDs enjoy all
human rights and fundamental freedoms. The CRPD shifts the perception of disability from a
deficit to a condition influenced by societal barriers and attitudes.
The CRPD is grounded in several key principles :-
● Respect for Dignity - Recognizing the inherent value and worth of individuals with
disabilities.
● Non-Discrimination - Requiring signatory nations to protect PWDs from discrimination
across all aspects of life.
● Participation and Inclusion - Ensuring that PWDs are fully included in every sphere of
society, including decision-making processes that affect them.
● Accessibility - Encouraging the removal of physical, informational, and communicational
barriers to enable the active participation of PWDs.

Key Provisions of the CRPD:


The CRPD outlines key provisions aimed at protecting and promoting the rights of persons with
disabilities (PWDs). These include:-
● Article 4 - General Obligations:States must implement legislative, administrative, and
other measures to enforce the rights outlined in the Convention. This includes active
engagement with PWDs in decision-making processes.
● Article 5 - Equality and Non-Discrimination: Ensures protection from discrimination
based on disability and upholds the principle of equal rights for PWDs.
● Article 9 - Accessibility:Requires states to take steps to make public life accessible,
including buildings, transportation, and information and communication technologies.
● Article 24 - Education:Establishes the right to inclusive education, ensuring that PWDs
have access to appropriate educational resources and facilities tailored to their needs.

Disability Laws in India:


In India, the enactment of the Rights of Persons with Disabilities (RPWD) Act, 2016 represents a
significant legislative development aligned with the CRPD. This act expands the definition of
disability to include 21 specified conditions, including physical disabilities, sensory disabilities,
mental illnesses, and learning disabilities.
Key Provisions of the RPWD Act:
● Non-Discrimination- Prohibits discrimination against PWDs in various spheres such as
education, employment, and access to public places.
● Reservation for Employment- Provides for job reservations in government sectors to
enhance employment opportunities for PWDs.
● Accessibility- Requires the establishment of a barrier-free environment in public
transportation, buildings, and information dissemination throughout the government and
private sectors.
● Social Security- Establishes provisions for social security, rehabilitation, and support
services for individuals with disabilities and their families.

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