UNITED NATIONS DISABILITY INCLUSION STRATEGY

The United Nations Disability Inclusion Strategy provides the foundation for sustainable andtransformative progress on disability inclusion through all pillars of the work of the United Nations.
Through the Strategy, the organizations of the United Nations system reaffirm that the full and completerealization of the human rights of all persons with disabilities is an inalienable, integral and indivisiblepart of all human rights and fundamental freedoms.
The Strategy is the result of a process launched by the Secretary-General in April 2018 to strengthensystem-wide accessibility for persons with disabilities and the mainstreaming of their rights. Itsdevelopment was informed by an extensive institutional review led by the Special Rapporteur on therights of persons with disabilities.
The Strategy includes a system-wide policy, an accountability framework and other implementationmodalities. The policy establishes the highest levels of commitment and a vision for the United Nationssystem on disability inclusion for the next decade and is aimed at creating an institutional framework forthe implementation of the Convention on the Rights of Persons with Disabilities and the 2030 Agenda forSustainable Development, among other international human rights instruments, as well as fordevelopment and humanitarian commitments.
The accountability framework includes two aligned components: (a) an entity accountability framework,with 15 common-system indicators, focused on four areas: leadership, strategic planning andmanagement; inclusiveness; programming; and organizational culture; and (b) a United Nations countryteam accountability scorecard on disability inclusion, which is currently under development and isexpected to be finalized in the second half of 2019. Timetables and technical guidance, as well as theallocation of the responsibilities required for the full implementation of the policy, are also included inthe framework.
Through the Strategy, the United Nations system will systematically embed the rights of persons withdisabilities into its work, both externally, through programming, and internally, and will build trust andconfidence among persons with disabilities to ensure that they are valued and their dignity and rights arerespected and that, in the workplace, they find an enabling environment in which to fully and effectivelyparticipate on an equal basis with others.
Mainstreaming a human rights-based approach to disability, in combination with targeted measures, willmake the concerns and experiences of persons with disabilities an integral dimension of the design,implementation, monitoring and evaluation of policies and programmes in all political, economic andsocietal spheres so that persons with disabilities benefit equally. The ultimate goal is to achieve equality ofoutcomes and foster an inclusive culture within the United Nations system.

GOVERNMENT OF INDIA MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

दिव्यांगजन सशक्तिकरण विभाग

Department of Empowerment of Persons with Disabilities

Hon'ble Minister

Dr. Virendra Kumar 

Union Minister of Social Justice and Empowerment

Hon'ble Minister

Shri A. Narayanaswamy

Minister of State of Social Justice & Empowerment

Hon'ble Minister

Km. Pratima Bhoumik

Minister of State of Social Justice & Empowerment

Hon'ble Minister

Shri Ramdas Athawale

Minister of State of Social Justice & Empowerment

Vision/Mission

Department of Empowerment of Persons with Disabilities (Divyangjan) under Ministry ofSocial Justice & Empowerment was set up in May 2012 with the aims to facilitateempowerment and inclusion of the persons with disabilities and acts as a nodal agency tolook after all development agenda of Persons with Disabilities (Divyangjan).Empowermentof persons with disabilities is an inter-disciplinary process, covering various aspectsnamely, prevention, early detection, intervention, education, health, vocational training,rehabilitation and social integration. The vision, mission and strategies of the Departmentare as follows –

Vision

To build an inclusive society in which equal opportunities are provided for the growth anddevelopment of Persons with Disabilities so that they can lead productive, safe anddignified lives.

Mission

To empower Persons with Disabilities, through its various Acts/ Institutions/Organizationsand Schemes for rehabilitation and to create an enabling environment that provides suchpersons with equal opportunities, protection of their rights and enables them to participateas independent and productive members of society.

The Rights of Persons with Disabilities Act (RPwD Act 2016)

The Rights of Persons with Disabilities Act (RPwD Act) is an important legislation in India that seeks to protectand promote the rights and well-being of persons with disabilities.

The Rights of Persons with Disabilities Act was enacted in 2016 and hasreplaced the Persons with Disabilities (Equal Opportunities, Protection ofRights and Full Participation) Act, of 1995.

The RPwD Act recognizes the evolving understanding of disability and theneed for a more inclusive and rights-based approach.

The RPwD Act, like any legal framework, is only as effective as itsimplementation. Sensitization efforts are crucial to ensure that the Act iseffectively enforced and that the rights and needs of persons withdisabilities are recognized and respected by government functionariesand society at large.

Rights of Persons with Disabilities Act

The Act provides an expanded and comprehensive definition of disabilities, covering a range of physical, mental,intellectual, and sensory impairments.
It recognizes 21 categories of disabilities, as opposed to the seven categories listed in the earlier legislation.

Significance of the RPwD Act

  • Access to Justice: The Act recognizes the rights of persons with disabilities in the legal system. It mandatesthat courts be accessible and sensitive to the needs of persons with disabilities. It also allows for theappointment of “guardians” to assist persons with disabilities in legal matters, where necessary.
  • Protection against Abuse and Violence: The Act contains provisions to safeguard persons with disabilitiesfrom abuse and violence, whether at home or in institutional care. It establishes mechanisms to report andaddress cases of abuse.
  • Access to Healthcare: The legislation ensures access to healthcare and medical services for persons withdisabilities. It promotes research on disability-related issues and the development of assistive devices.
  • Education: The Act advocates for inclusive education and the development of curricula and teachingmaterials that cater to the needs of students with disabilities. It encourages the training of special educators.
  • Accessibility: The Act emphasizes the creation of accessible infrastructure, transportation, and informationand communication technology. It mandates that government buildings and public spaces be madeaccessible.
  • Social Inclusion: The Act promotes the social inclusion of persons with disabilities by providing opportunitiesfor skill development, employment, and participation in community activities.

Other government initiatives for PwBD

The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and MultipleDisabilities Act, 1999
Rehabilitation Council of India Act, 1992
The National Policy for Persons with Disabilities, 2006

Concerns with enactment of RPwD Act, 2016

While enacting disability rights law is a crucial step towards ensuring equal opportunities and non-discrimination for people with disabilities, it’s equally important to ensure that these laws are effectivelyimplemented and that there is widespread awareness and sensitivity about disability issues.
Awareness and Sensitization
:Effective implementation requires a comprehensive awareness and sensitizationcampaign. This includes educating government functionaries, law enforcement agencies, healthcare providers,educators, and the general public about the rights and needs of people with disabilities.
Training Programs
:Government functionaries, such as bureaucrats, police officers, and healthcare workers,should undergo training programs to understand the provisions of the disability rights law, as well as todevelop sensitivity and empathy towards people with disabilities. This training can help ensure that theseindividuals are well-informed about disability issues and can provide the necessary support and services.
Community Engagement
:Sensitizing citizens, including employers, teachers, and neighbors, is essential tocreate an inclusive and supportive society. Disability awareness campaigns and community outreach programscan help break down stereotypes and misconceptions about disability.
Accessibility and Infrastructure
:The Act also mandates that public spaces and services should be accessible topeople with disabilities. Ensuring such accessibility, along with sensitizing the authorities responsible forpublic infrastructure, is a critical part of the implementation process.
Promoting Inclusive Education
:The Act includes provisions for inclusive education. Schools and teachersshould be sensitized to welcome children with disabilities into mainstream education and provide them withthe necessary support.
Advocacy and Civil Society Involvement
:Disability rights organizations and civil society groups play a vital rolein advocating for the rights of people with disabilities. They can also conduct awareness and sensitizationprograms to ensure the effective implementation of the Act.
Legal Aid and Support Services
:The Act includes provisions for legal aid and support services for people withdisabilities. Government agencies and NGOs should work together to provide these services and make peopleaware of their rights.
Monitoring and Evaluation
:Regular monitoring and evaluation of the implementation of the Act are essential.Independent bodies should assess the progress and identify areas where further sensitization and awarenessefforts are required.

CONCLUSION

Having comprehensive disability rights legislation is a crucial first step, but it must becomplemented by sustained efforts to sensitize government functionaries, service providers, andthe general public.
This is necessary to ensure that the rights and needs of persons with disabilities are recognizedand respected and that they can fully participate in society on an equal basis. It’s an ongoingprocess that requires collaboration between government agencies, civil society, and the public atlarge.
The Rights of Persons with Disabilities Act aims to bring about a paradigm shift in how societyperceives and treats persons with disabilities.
It reflects India’s commitment to inclusivity and equality and is in line with internationalconventions, such as the
United Nations Convention on the Rights of Persons with Disabilities(UNCRPD)
, which India ratified in 2007.
The Act seeks to create a more inclusive and equitable society where persons with disabilities canlive with dignity and enjoy their full rights and freedoms.

EQUAL OPPORTUNITY POLICY

  • Rule 8 of the Rights of Persons with Disabilities (RPwD) Rules, 2017 further provides manner
    of publication of Equal Opportunity Policy, which are as under:
    1) Every establishment shall publish equal opportunity policy for persons with disabilities.
    2)The establishment shall display the equal opportunity policy preferably on their
    website, failingwhich, at conspicuous places in their premises.
    3)The equal opportunity policy of a private establishment having twenty or more employees andthe Government establishments shall inter alia, contain the following, namely:-
  • facility and amenity to be provided to the persons with disabilities to enable them to effectivelydischarge their duties in the establishment;
  • list of posts identified suitable for persons with disabilities in the establishment;
  • the manner of selection of persons with disabilities for various posts,
  • post-recruitment and pre-promotion training,
  • preference in transfer and posting,
  • special leave, preference in allotment of residential accommodation if any, and otherfacilities;
  • provisions for assistive devices, barrier-free accessibility and other provisions for personswith disabilities;
  • appointment of liaison officer by the establishment to look after the recruitment of personswith disabilities

TYPES OF DISABILITY AS PER RPWD ACT 2016