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Disability
is not Inability |
::“People with disabilities have the right to be
full-fledged members of society”
20th November 2006
A new human rights treaty was agreed late august 2006. The Treaty
was concluded with pin-strip agreements on various articles. The
United Nations concerned agency finalized the treaty and many
are yet to ratify it though most agreed on the substance. The
Convention Protects and Promotes the Rights and Dignity of Persons
with Disabilities. Such a document is badly needed especially
in the developing countries like sub-Saharan Africa where disability
human rights are assumed with impunity.
Of course, all agreed human rights norms already apply to people
with disabilities, including the provisions against all forms
of discrimination. Several treaties such as the UN Convention
on the Rights of the Child and the Revised European Social Charter
go further and specifically mention the need for positive measures
to facilitate an active participation of disabled persons in the
community. Kenya has done this on paper.
The PWD Act 2004 exempted the disabled from tax as an incentive
for the lack of institutional assistive support. This was however
made subject to minister of finance approval. He is simply unwilling.
Even though its impact may be minimal considering a small fraction
of disabled people are actually working. The recommendation to
give 5% of civil service jobs to PWDs has also hit the wall and
the government is conveniently quiet.
The new UN convention will serve the purpose of bringing together
all these standards in one comprehensive document. This will also
support the ten-year Action Plan that the Council of Europe recently
adopted to promote the rights and full participation of people
with disabilities in society. The implementation of Kenya’s
disability Act needs an Action plan that commits the government
to achieve specific goals by a specific time. We cant wait forever
for heavens sake!
There is an urgent need to stop discrimination against the disabled.
The simple principle that society must adjust to the needs of
all people is just not respected in reality and Europe is no exception.
City planning has still not included the interests of persons
in wheel-chairs in many places. It has happened that people have
been prevented from voting because the voting area in most cases
in not disability friendly for various reasons. Many a political
party do not have a disability agenda, representative or policy.
Deaf and blind people are often excluded because the state does
not provide support to simple aid technology. Schools in several
African countries are not ready to meaningfully accommodate children
with disabilities. Efforts for inclusive education have been half-hearted,
if not totally absent. Kenya’s Free education programme
means nothing to the deaf 4 years on.
So-called special schools are sometimes of a lower quality and
do not provide the necessary skills for the open labour market.
Job opportunities are also limited due to discriminatory practices
and physical barriers in the workplace, on public transport or
at home.
The treatment of mentally disabled persons is sadly scandalous
in some countries. Many of them are kept in institutions that
are no better than bad prisons. Staff in these places have low
status, are badly paid and have no resources to support genuine
rehabilitation.
I have received reports from credible non-governmental organisations
– including the Mental Disability Advocacy Centre in Budapest
– that so-called cage beds still are used in psychiatric
hospitals in some European countries. Such mal-practices must
stop.
Charity is not enough. What is needed is a solid recognition that
persons with disabilities have human rights. This requires a combined
approach: both support to the individual and changes within the
society as a whole.
• We need to provide for healthcare, rehabilitation and
the necessary assistance devices - aids and equipment to support
the individual to live as independently as possible in his or
her society.
• At the same time we must work towards a society accessible
for all. This is a society where persons with disabilities have
equal access to education, employment, legal and social protection
and where everyone has equal opportunities to participate in the
life of the community.
The way forward will require political will and systematic work.
The existing situation should be evaluated, areas of progress
identified and determined measures taken to address the problems.
Follow-up and evaluation is crucial if the work is to be effective
and to meet the new challenges.
Of great importance is the involvement of the persons themselves,
both at the individual level and through their organisations.
Respect for differences, individual autonomy, freedom of choice,
participation and inclusion should be guiding principles of these
efforts.
European governments which believe that all persons are equal
in dignity and rights ought to give priority to this issue and
prepare effective measures. This would also make them prepared
for the new International Convention and the Council of Europe
action plan.
Thomas Hammarberg
Category: Community
policy
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