Disability In the Realm of Human Rights in Current Society







11 November 2010 | posted by: Rachel Hanson | No Comment

The issues of disability for human rights were unaddressed till recent years. The only reference relating to Social Security is the only reference to disability in the foundational instruments of Human Rights.

Youths: Human Rights on Disability a tall Order

The 1975 UN Declaration on the Rights of Disabled person the World Program of Action Concerning Disabled Persons (1982) and the UN Standard Rules on the Equitation of Opportunities for Persons with Disabilities (1999) are the major legal materials available on this area. Disability is also mentioned in the International Covenant on the Economic and Cultures Rights, 1994.

The Standard Rules on the Equalization Opportunities for persons with Disabilities offers the best definition, 1993, which encloses a lot of functional limitations connected to physical, intellectual or any sensory impairment, medical conditional or mental illness, if permanent or not.

Handicap has been defined to include loss or limitation of opportunities to participate in the same playing field with the other members of the society. Handicap can thus be described as a competitor between the dissembled person and the surrounding environment. For more information, one is advised to read, International Human Rights Lexicon by Susan Marks and Andrew Clapham.

“People with disabilities” is the preferred to address the persons who are handicap, which avoids describing the persons existence and the circumstances which refer to the victims disability. It is still early for persons to be occupied with the limitations of the victims and the spotlight has shifted to the persons in the society in relation to the disability.

The 1982 World program of Action Concerning Disabled persons proposes three strategies to be used.
Preventive- aimed at reducing the occurrence of the disability and how far the disability limits the person’s functions.

Rehabilitative- provide resources to aid the victims.

Equalization opportunities- these are the processes which the society and the environment, including services, activities, information and documentations be made available on an equal opportunity, persons with disability included. Standard Rules on the Equalization for Persons with Disabilities, 1993, has more information on this.

Cases on disability have been reported to the European Courts of Human Rights.

The rights abuses have some functional limitations. Violations have been reported concerning provisions on health care, food and water, safe conditions of work and education being the main culprits. Most of the persons with disability live in the developing world. Some of the victims sustained the injuries in their sweatshop conditions or armed conflict activities. This is also contrary to International Humanitarian Law.

The World program of Action says that it was necessary for the world to adopt those with disability and not to view them as objects of charity or burden. The procedure to follow in addressing the needs of persons with disabilities is viewed as inadequate unless connected to rectify the social practices and institutions disadvantage from disability.

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