The Rights of Persons

with Disabilities

Submitted to: Ms. Riffat Butt.

Submitted by: Fareeha Jamil.
Class: (LLB IV)
Due Date: Dec 2, 2019

Table of Contents:

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 The Rights of persons with disabilities

Introduction

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All human beings are born free and equal in dignity and rights. People with disabilities all over

the world experience human rights violations, stigma and discrimination. To have a disability

means that one has fundamental difficulty accomplishing things that others take for granted.

There are many social factors that can affect whether or not individuals with disabilities are

included or excluded from participation on various activities, which in turn can affect

development or esteem.

The UN declared 1981 as the International Year of Disabled Persons to awaken awareness

among the member countries regarding the rights of disabled persons. UN adopted “Convention

on the Rights of Persons with Disabilities 2006” that demands from the signatory countries to

make legal framework for providing them equal opportunities in every sphere of life. Pakistan

being signatory to this convention had taken a number of steps to facilitate such persons.

Pakistan announced its first “National Policy on the issue of disability” in 2002 which defined

disability as: “A person with disabilities means who, on account of injury, disease, or

congenital deformity, is handicapped in undertaking any gainful profession or employment,

and includes persons who are visually impaired, hearing impaired, and physically and

mentally disabled1”. Earlier, systematic care of disabled persons was initiated in 1981 when

“Disabled Persons' (Employment and Rehabilitation) Ordinance” was promulgated. This

ordinance fixed the responsibility of the State toward the prevention of disabilities; protection of

rights of persons with disabilities; and provision of medical care, education, training,

employment, and rehabilitation to the persons with disabilities.

International Framework

1
National Policy for Persons with Disabilities – (2002).

https://www.sightsavers.org/wp-content/uploads/2017/09/sightsavers-disability-framework-in-pakistan.pdf

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The Convention on The Rights of Persons with Disabilities and Optional

Protocol

Background

The Convention on the Rights of Persons with Disabilities and its Optional Protocol were

adopted on 13 December 2006 and entered into force on 3 May 2008. Before the adoption of the

Convention on the Rights of Persons with Disabilities, other human rights instruments already

addressed disability, either as part of a general focus or more specifically. Some, such as the

Universal Declaration of Human Rights, the International Covenant on Economic, Social and

Cultural Rights and the International Covenant on Civil and Political Rights, which together

constitute the International Bill of Human Rights, promote and protect the rights of everyone,

including persons with disabilities, through the non-discrimination clause.

Specialized human rights treaties, like the Convention against Torture, the Convention on the

Elimination of Discrimination against Women, the Convention on the Rights of the Child and

others, contain provisions protecting against discrimination. The Convention on the Rights of the

Child specifically recognizes the need to protect against discrimination on the grounds of

disability. It also specifically recognizes the right of the child with a disability to enjoy a full and

decent life.

The Convention

The Convention on the Rights of Persons with Disabilities is a human rights treaty which

contains 50 articles, i.e., an international agreement among States setting out human rights and

the corresponding obligations on States.

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The Convention recognizes the rights of persons with disabilities, these are the same rights as

everyone else, but reaffirms that persons with disabilities must also enjoy these rights.

The treaty sets out obligations on States to promote and protect the rights of persons with

disabilities. While persons with disabilities have the same rights as persons without disabilities,

sometimes States must take different or additional steps to ensure the realization of those rights2.

The treaty also sets out the national and international institutions necessary for implementing and

monitoring the Convention. At the national level, these could be government focal points and

coordination mechanisms as well as independent implementation and monitoring mechanisms.

At the international level, the Convention establishes the Committee on the Rights of Persons

with Disabilities to assist States in implementing the Convention and a Conference of States

Parties to consider any aspect of implementation

The Purpose of the Convention

The purpose of this Convention is to;

Promote, protect and ensure rights:

The multiple layers of State obligations under the Convention which are to promote (e.g., raise

awareness about the rights of persons with disabilities), protect (e.g., adopt laws and policies that

recognize the rights of persons with disabilities and provide remedies for violations) and ensure

rights (e.g.; promote physical and informational accessibility to services).

Full and equal enjoyment of all human rights:

This asserts that persons with disabilities have the same rights as others and that they should be

able to enjoy those rights on an equal basis with everyone in society.

2
The Convention on the rights of persons with disabilities (CRPD) Training Guide.
https://www.ohchr.org/Documents/Publications/CRPD_TrainingGuide_PTS19_EN%20Accessible.pdf

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Respect for inherent dignity:

This underlies all aspects of human rights as it emphasizes the notion that respect for human

rights is the bottom line which in many ways defines our humanity. A failure to respect rights is

a failure to respect an individual’s dignity and this is the experience of many people with

disabilities around the world.3

Importance of the Convention

The Convention:

Clarifies the rights of persons with disabilities.

The Convention recognizes that persons with disabilities have the same rights as

everyone else and that they should enjoy them on an equal basis with people

without disabilities.

Sets out responsibilities to respect those rights.

It recognizes that asserting rights is not enough on its own and that it is equally important to

identify the various steps that States (and others) should take to respect those rights. In this sense,

the Convention is very comprehensive as it sets out in some detail the responsibilities to respect,

protect and fulfill the rights of persons with disabilities.

Recognizes disability as a social construct

And society should dismantle the barriers preventing persons with disabilities from participating

fully in society.

Promotes inclusive and accessible development.

3
The Convention On The Rights of Persons with Disabilities – A Commentary – Edited By (Ilias Banktekas), Edition 2018, Page

35.

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 It is often described as a human rights treaty and a development tool. This continues a trend in

human rights law that recognizes the need for States to take positive steps to guarantee rights and

highlights the role of the international community in helping States to achieve those rights.

Indeed, development is essential if the Convention is to be implemented properly. For example,

many provisions require improvements in access to goods and services which rely, in part, on

having effective development strategies and policies. Importantly, development should be

inclusive of and accessible to persons with disabilities. This requires a twin-track approach:

specific programmes for persons with disabilities coupled with mainstreaming their rights into

development projects, programmes and other interventions4.

Ensures national and international monitoring of rights.

While this is not the same as ensuring legal enforceability, the fact that the Convention

establishes national and international mechanisms to support implementation and monitoring is a

way to support rights as well as the implementation of the Convention.

The Optional Protocol

The Optional Protocol establishes an individual complaints mechanism and an inquiry

mechanism. In relation to the individual complaints mechanism, the Committee on the Rights of

Persons with Disabilities has authority to receive petitions/complaints from individuals in a State

party to both the Convention and the Optional Protocol who allege that the State has breached its

obligations under the Convention. The Committee may then decide on the admissibility of the

4
https://disability-studies.leeds.ac.uk/wp-content/uploads/sites/40/library/jolly-The-UN-Convention-on-the-Rights-of-Persons-
with-Disabilities1.pdf

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complaint, and provide its views and recommendations if a breach is found. In addition, the

Committee can conduct investigations, including an on-site country visit if the State agrees – if

there are reliable reports of grave or systematic violations by a State party. States must be parties

to the Convention on the Rights of Persons with Disabilities in order to become States parties to

the Optional Protocol

National Framework

Disabled Persons (Employment and Rehabilitation) Ordinance, 1981:

It was the first constitutional effort on the part of the state to start institutional care of the special

persons in Pakistan5. Under this ordinance, the National Council for the Rehabilitation of

Disabled Persons was established to formulate policy for the employment, rehabilitation and

welfare of the disabled persons. The Council was also assigned the medical examination,

treatment and survey of disabled persons who are desirous of being rehabilitated.

The ordinance binds the provincial governments to establish the Provincial Councils for the

Rehabilitation of Disabled Persons to execute the policy made by the National Council for the

employment, rehabilitation and welfare of this vulnerable segment of the society6. These councils

are also responsible to issue directions to relevant bodies for the implementation of the projects

launched by the government. Establishment of training and vocational centers for equipping

special persons with necessary skills is also the domain of Provincial Councils.

Under Disabled Persons (Employment and Rehabilitation) Ordinance one per cent quota was

reserved for special persons in all government and private sector establishments which were later

5
Disabled Persons (Employment and Rehabilitation) Ordinance, 1981; Government of Pakistan
6
Policies for Special Persons in Pakistan Analysis of Policy Implementation - Berkeley Journal of Social Sciences Vol. 1, No. 2, Feb

2011

https://www.humanitarianlibrary.org/sites/default/files/2014/02/Feb%201.pdf

8
enhanced to two per cent. An establishment which does not employ a disabled person shall pay

into the Disabled Persons Rehabilitation Fund each month the sum of money it would have paid

as salary or wages to a disabled person had he been employed which will be utilized for the

distribution of stipends or scholarships to disabled persons receiving training and financial

assistance of those disabled persons who are not fit to undertake any employment. Any

establishment which fails to pay into the Fund any sum it is required to pay under section 11

shall be punishable with fine which may extend to one thousand rupees and, in the case of non-

payment of fine, with an additional fine which may extend to ten rupees for every day during

which the payment of fine is not made.

National Policy for Persons with Disabilities (2002)

The National Policy for Persons with Disabilities was finalized after a lengthy consultative

process involving all stakeholders and relevant Federal Ministries including Health, Labor

Manpower, Housing and Works, Science and Technology as well as relevant departments and

prominent NGOs.7

The provision and expansion of services of good quality require a multi-sectoral and

multidimensional approach. This is possible only through the active cooperation of federal,

provincial, local government organizations, NGOs as well as involvement of family,

professionals and the community at large. The policy document contains a vision, guiding

principles and strategies to achieve the objectives. The overall vision of the policy is to provide a

conducive environment for the realization of the full potential of persons with disabilities leading

7
National Plan of Action for the Persons with Disabilities, 2006; Directorate General of Special Education, Government of

Pakistan.

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to their empowerment irrespective of caste, creed, colour race, or religion in all spheres of life

including social, economic, personal and political.

Special Citizens Act, 2008:

Special Citizens Act, 2008 seeks to provide the accessibility to disabled citizens at every public

place, with regard to allocation of seats in public transports, provision of facilities on footpaths

for wheelchairs and blind persons8. Similarly, while crossing the roads special citizens must be

given priority. Under this act, government shall make the concerned authorities bound, before the

construction of buildings in public or private sectors particularly in Educational Institutions,

Banks, Hospitals, Shopping Malls, Police Stations, Airports, Railway Stations, Bus Stops, Hotels

and at every public place to provide the facility of access of wheelchairs. Further, Public

Transporters shall be made bound to allocate seats for special citizens and provide easy access to

their seats in the public transport. The act also binds concerned authorities to take necessary steps

to provide maximum facilities on footpaths for the wheel chairs and blind persons. Under the

law, special persons should be given priority while crossing the roads and traffic police should be

responsible for its implementation.

Conclusion:

Disability refers to the disadvantage or restrictions of activity caused by the way society is

organized which takes little or no account if people who have physical, sensory or mental

impairments. Disability is an unfortunate part of human life which can affect not only the natural

way of a living but also despair component strength and power. The Government needs to launch

more social security schemes for disabled sections and generate more employment opportunities

8
Special Citizens Act, 2008; Government of Pakistan.

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for them. Several schemes and benefits on the disabled persons have come up as relief and has

successfully served to provide equal opportunities to the disabled section.

National Policy for Persons with Disabilities – (2002). https://www.sightsavers.org/wp-

content/uploads/2017/09/sightsavers-disability-framework-in-pakistan.pdf

11
The Convention on the rights of persons with disabilities (CRPD) Training
Guide.https://www.ohchr.org/Documents/Publications/CRPD_TrainingGuide_PTS19_EN
%20Accessible.pdf

The Convention On The Rights of Persons with Disabilities – A Commentary – Edited By (Ilias
Banktekas), Edition 2018, Page 35.

https://disability-studies.leeds.ac.uk/wp-content/uploads/sites/40/library/jolly-The-UN-
Convention-on-the-Rights-of-Persons-with-Disabilities1.pdf

Disabled Persons (Employment and Rehabilitation) Ordinance, 1981; Government of Pakistan

Policies for Special Persons in Pakistan Analysis of Policy Implementation - Berkeley Journal of
Social Sciences Vol. 1, No. 2, Feb 2011

https://www.humanitarianlibrary.org/sites/default/files/2014/02/Feb%201.pdf

National Plan of Action for the Persons with Disabilities, 2006; Directorate General of Special
Education, Government of Pakistan.

Special Citizens Act, 2008; Government of Pakistan.

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