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Protection of Disabled Person under International Law


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1 Hidyatullah National Law University, Raipur(C.G), India
     

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There are 650 million men, women and children in the world who live with either mental or physical disabilities.1 Most of them live in the developing world. The UN estimates that there are 500 million persons with disabilities in the world today. This number is increasing every year due to factors such as war and destruction, unhealthy living conditions, or the absence of knowledge about disability, its causes, prevention and treatment. They suffer from discrimination and lower standards of living. They are very often denied the basic human rights. They are denied basic human rights. They are denied basic educational oppurtunities and often given menial or poorly paid jobs. Social attitudes exclude them from cultural life and normal social relationship. This article has been written to know the concept and provisions protecting the rights of disabled persons under international law. Person with disabilities includes 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.2 Persons with disabilities are entitled to exercise their civil, political, social, economic and cultural rights on an equal basis with others. Disability "summarizes a great number of different disabled by physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or transitory in nature."3 (Standard Rules on the Equalization of Opportunities for Persons with Disabilities). Different expressions are used when referring to persons with disabilities. For example, the term "differently-able persons" indicates that disability is not perceived as a deviation from the norm. The term "disabled persons" might be misinterpreted to imply that the ability of the individual to function as a person has been disabled.
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  • Report of the U.N department of public information (2004).
  • Article 1 of the convention on the rights of the person with disabilities adopted on December 13, 2006.
  • H.O Agarwal, International law and human rights,17th edition, Central law agency 2010.
  • GA Res 56/168. It should be noted that the Commission on Human Rights no longer exists, and has instead been replaced by the Human Rights Council as part of initiatives to reform and improve the effectiveness of UN human rights bodies.
  • Secretary General Hails Adoption of Landmark Convention on Rights of People with Disabilities,” Official Statement of the UN Secretary General, SG/SM/10797, 13 December, 2006. http://www.un.org/News/Press/docs/2006/sgsm10797.doc.htm accessed on 28-7-12 at 6:20 pm.
  • http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&m tdsg_no=IV-15&chapter=4〈=en.
  • Optional Protocol to the Convention on the Rights of Persons with Disabilities, Article 1(1).
  • Secretary General Hails Adoption of Landmark Convention on Rights of People with Disabilities,” Official Statement of the UN Secretary General, SG/SM/10797, 13 December, 2006.http://www.un.org/News/Press/docs/2006/sgsm10797.doc. htm. accessed on 28-7-12 at 8;10 pm.
  • Article 1 of the U.N convention.
  • In a recent statement, the Children’s Commissioner has expressed concerns about the impact of the Welfare Reform Bill on children, citing Article 4 of the UN Convention on the Rights of the Child, which imposes similar obligations.
  • http://www.publications.parliament.uk/pa/jt201012/jtselect/jtrig hts/257/257.pdf.accessed on29-7-12 at 3:30 pm
  • Study on challenges and good practices in the implementation of the UN Convention on the Rights of Persons with Disabilities, European Foundation Centre, October 2010.
  • ----
  • Article 7
  • "Landmark UN treaty on rights of persons with disabilities enters into force" Scoop. 2008-05-05.
  • UN Treaty Collection: Parties to the Optional Protocol to the Convention on the Rights of Persons with Disabilities “United nations.
  • Optional Protocol to the Convention on the Rights of Persons with Disabilities, Article 1.
  • Optional Protocol to the Convention on the Rights of Persons with Disabilities, Articles 3 & 5
  • Agarwal H.O, International law and human rights, 17th edition, Central law agency 2010.
  • http://www.un.org/News/Press/docs/2006/sgsm10797 .doc.htm.
  • http://www2.ohchr.org/english/law/disabilitiesconvention. htm
  • www.un.org/disabilities/default.asp?id=150
  • www.hrea.org.
  • www.un.org/disabilities/default.asp?id=150
  • www.ideanet.org/cir/uploads/File/Law_Library_of_C ongress.

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  • Protection of Disabled Person under International Law

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Authors

Khushal Suryawnshi
Hidyatullah National Law University, Raipur(C.G), India

Abstract


There are 650 million men, women and children in the world who live with either mental or physical disabilities.1 Most of them live in the developing world. The UN estimates that there are 500 million persons with disabilities in the world today. This number is increasing every year due to factors such as war and destruction, unhealthy living conditions, or the absence of knowledge about disability, its causes, prevention and treatment. They suffer from discrimination and lower standards of living. They are very often denied the basic human rights. They are denied basic human rights. They are denied basic educational oppurtunities and often given menial or poorly paid jobs. Social attitudes exclude them from cultural life and normal social relationship. This article has been written to know the concept and provisions protecting the rights of disabled persons under international law. Person with disabilities includes 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.2 Persons with disabilities are entitled to exercise their civil, political, social, economic and cultural rights on an equal basis with others. Disability "summarizes a great number of different disabled by physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or transitory in nature."3 (Standard Rules on the Equalization of Opportunities for Persons with Disabilities). Different expressions are used when referring to persons with disabilities. For example, the term "differently-able persons" indicates that disability is not perceived as a deviation from the norm. The term "disabled persons" might be misinterpreted to imply that the ability of the individual to function as a person has been disabled.

References