UNIT 5(a, b,): DISABLED PERSONS, SENIOR CITIZENS, MINORITIES, AND

HUMAN RIGHTS
1. DISABLED PERSONS AND HUMAN RIGHTS
There are millions of men, women, and children in the World who live with either mental or
physical disabilities. People with disabilities include 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.
Most of them live in the developing world. They suffer from discrimination and lower
standards of living. They are very often denied basic human rights. They are denied basic
educational opportunities and often menial or poorly paid jobs. Social attitudes exclude them
from cultural life and normal social relationships.
In order to promote and protect the rights and dignity of persons with disabilities, the General
Assembly on December 19, 2001established an Ad hoc Committee, for the preparation of a
comprehensive and integral international convention on the protection and promotion of the
rights and dignity of persons with disabilities. The Ad hoc Committee in June 2003 decided
to establish a working group with the aim of preparing and presenting a draft text of the
convention. So, the committee adopted the draft text of the convention and forwarded it to the
General Assembly for adoption. Based on this draft text, the General Assembly finally by
consensus adopted the Convention on the Rights of Persons with disabilities.
Committee on the rights on the rights of persons with disabilities
A committee on the rights of persons with disabilities was established. The committee, shall
consist, at the time of entry into force of the convention of 12 experts. The number of
members shall be eighteen when the convention is ratified by an additional sixty states. The
members of the committee shall be elected by States Parties, for a term of four years. The
committee shall consider the reports submitted by the States parties on measures taken to give
effect to its obligations under the convention and on the progress made in this regard. State
parties to the convention are required to submit report within 2 years after the entry into force
and thereafter shall submit subsequent reports at least every four years, if the committee so
requests. Every report shall be considered by the committee. The committee shall report
every two years to the general assembly and to the economic and social council on its
activities.
This Ad Hoc committee by following the proper procedure, prepared a committee for the
protection of Rights of disabled persons, which came to be known as CRPD.
Convention on the Rights of Persons with disabilities (CRPD)
The convention laid down a number of rights to be provided to the persons of disabilities
such as right to life, equal recognition before the law, access to justice liberty and security of
persons, freedom from torture or cruel, inhuman or degrading treatment or punishment etc.
The convention also stipulated that person with disabilities shall have the right to education,
health, work, employment and adequate standard of living. They shall participate in political
employment. They shall participate in political and public life and in cultural life on equal
basis with others. It is to be noted that the convention did not create new rights for the
persons with disabilities. However, it specifically mentioned them so that States Parties to the
convention may raise awareness in the society to foster respect for the rights and dignity of
persons with disabilities.
The convention has provided general obligations to the States Parties for the full realization if
all human rights and fundamental freedom for all persons with disabilities. Each party
undertakes to take measures to the maximum of its available resources, and where needed,
within the framework of international co-operation, with a view to achieving progressively
and full realization of these rights, without prejudice to those obligations contained in the
present convention that are immediately applicable according to international law.
For instance: State parties shall undertake to adopt all appropriate legislative, administrative
and other measures for the implementation of right, to take all appropriate measures, to take
into account the protection and promotion of the human rights of persons with disabilities in
all policies and programmes, etc.

Optional Protocol to the Convention on the Rights of Persons with Disabilities

(OPCRPWD)
OPCRPWD was adopted on December 13, 2006, by the General Assembly. The protocol
came into force on May 3, 2008, after its ratification by 20 states. As of February 3, 2016, the
Protocol had 88 state parties. The optional protocol was adopted in order to provide rights to
the individuals to make communications to the committee on the rights of persons with
disabilities. Article 1, para 1 of the Optional protocol lays down that a state party to the
protocol recognizes the competence of the committe4 on the rights of persons with
disabilities to receive and consider communications from or on behalf of individuals or
groups of individuals subject to its jurisdiction who claim to be victims of a violation by that
state party by the provisions of conventions. The Committee shall consider a communication
inadmissible when:
A. The communication is anonymous
B. The communication is ill-founded or not sufficiently substantial
C. When all available domestic remedies have been exhausted
The committee shall bring any communication submitted to it confidentially to the attention
of the state party. If the Committee receives reliable information indicating grave or
systematic violations by a state party or systematic violations by a state party of rights set
forth in the convention, the committee shall invite the State party to cooperate in the
examination of the information and to this end submit observations with regard to the
information concerned. The Committee may designate one or more of its members to conduct
such an inquiry and report urgently to the committee. After examining the findings of such an
inquiry, the committee shall transmit such findings to the state party concerned together with
any recommendations and comments. The state party shall, within 6 months, of receiving the
findings, comments, and recommendations transmitted by the committee submit its
observations to the committee.

2. SENIOR CITIZENS AND HUMAN RIGHTS

The United Nations is concerned not only with the quality of the life of human beings, but
it is also equally concerned with the longevity of human beings.
The United Nations is committed to helping those countries which are facing the
challenge of the needs of elderly persons and using effectively their contribution to
development.
The question of aging was first debated at the United Nations in 1948 at the initiative of
Argentina. The issue was again raised by Malta in 1969. In 1971, the General Assembly
asked the secretary-general to prepare a comprehensive report on the elderly and to
suggest guidelines for national and international action. In 1978, Assembly decided to
hold a World conference on ageing. Accordingly, the world assembly on ageing was held
in Vienna from July 26 to August 6, 1982 wherein an International Plan of Action was
adopted. The overall goal of the Plan was to strengthen the ability of Individual countries
to deal effectively with the ageing in their population, keeping in mind the special
concerns and needs of the elderly. The plan adopted to promote understanding of the
social, economic and cultural implications of ageing and of other related humanitarian
and developed issues. The plan made 62 recommendations for action in many areas
including health and nutrition, protection of elderly consumers, housing and environment,
family, social welfare, income security and employment and education. The assembly in
subsequent years called on governments to continue to implement its principles and
recommendations. The assembly urged the secretary general to continue his efforts to
ensure that follow up action to the plan is carried out effectively.
In 1990, the general assembly designated October 1 as the international day for the
elderly, later renamed the international day for older persons.
Principles for older persons
The general assembly on December 16, 1991, by a resolution adopted a set of 18
principles for older persons. Some of the principles are as follows:
a. Older people should have the opportunity to work and determine when to leave the
workforce
b. They should remain integrated into society and participate actively in the formulation
of policies that affect their well-being.
c. Older persons should have access to health care to help them maintain the optimum
level of physical, mental, and emotional wellbeing
d. Older persons should be able to pursue opportunities for the full development of their
potential and have access to educational, cultural, and spiritual resources of the
society.
e. They should be able to live in security, free from all kinds of mental and physical
abuse.
The assembly on October 15-16, 1992 convened a special International Conference to
mark the 10th anniversary of the adoption of the 1982 International plan of action on
ageing. Later, the general assembly on November 11, 1992, adopted a proclamation
on aging by which it decided to observe 1999 as the international year of older
persons. The proclamation calls for international cooperation to be promoted for life-
long health, income, generation, and new forms of productive aging. It urges national
initiative to view older persons as contributors to their societies and not as a burden
and to help old and young generations to cooperate in creating a balance between
tradition and innovation in economic, social, and cultural development.

Second world assembly on aging

The second world assembly on aging was held in Madrid, in 2002. It adopted the
international plan of action and a political declaration that stressed the crucial
importance of incorporating aging issues into all development plans. In the plan of
action, three priorities were laid down for older persons, i.e.,
a. Older persons and development
b. Advancing health and well-being into old age
c. Enabling the supportive environments
The first priority older persons and development focused on 8 issues which
included urgent action to ensure the continuous integration and empowerment of
older people, thus enabling them to participate actively in society, development,
and the labor force. Governments should focus on involving older persons in
decision-making, creating employment opportunities for those who wish to work,
and improving living conditions and infrastructure in rural areas.
Under the second priority, governments should reduce the effects of factors
increasing disease and dependence in older age, develop policies to prevent ill
health, and provide access to food and adequate nutrition.
The third priority urged recommendations for improving housing and living
environments of older persons, promoting a positive view of aging, and enhancing
public awareness of the important contributions of older persons. It also stated the
availability of accessible and affordable transport for older persons, providing a
continuum of care and services for older persons, and supporting the caregiving
role of older persons. The final section of the plan of action stated national and
international measures aimed at adequate implementation would be to mainstream
aging and the concerns of older persons into national development frameworks
and poverty eradication strategies.
3. MINORITIES AND HUMAN RIGHTS
The Covenant on Civil and Political rights under article 27 provided that persons
belonging to ethnic, religious, and linguistic minorities shall not be denied the right to
enjoy their own culture, to profess and practice their own religion, or to use their own
language. Inspired by the above, the general assembly on December 18, 1992, adopted
the declaration on the rights of persons belonging to national or ethnic, religious, or
linguistic minorities. The declaration proclaimed that promoting and protecting the rights
of such minorities contribute to the political and social stability of the states in which they
live. The declaration consisting of 9 articles stated the following rights to such persons:
1. The existence and the national or ethnic, cultural, religious, and linguistic identity of
minorities are to be protected within their respective territories by laws and other
measures. (Article 1)
2. Persons belonging to minorities have the right to enjoy their own culture, profess and
practice their own religion, and language and participate effectively in cultural,
religious, social, economic, and public life.
They also have the right to participate effectively in the decisions on the national and
regional level concerning them or the regions in which they live. (Article 2)
3. Minorities have the right to establish and maintain their own association. (Article 2)
4. Persons belonging to minorities have the right to establish and maintain without any
discrimination, free and peaceful contact with other members of their group and with
persons belonging to other minorities. (Article 2)
5. Minorities may exercise their rights individually as well as in the community with
other members of their group without any discrimination. (Article 3)
6. States should provide adequate opportunities for persons belonging to minorities to
learn their mother tongue and to participate fully in the economic progress and
development in their country. (Article 4)
States are required to co-operate on questions relating to persons belonging to
minorities, inter alia, exchanging information and experiences, in order to promote
mutual understanding and confidence. Measures taken by states to ensure the effective
enjoyment of the rights shall not prima facie be considered contrary to the principle of
equality contained in the UDHR. The world conference on human rights held in
Vienna in 1993 urged all states and the international community to promote and
protect the rights of persons belonging to national or ethnic, religious, and linguistic
minorities in accordance with the declaration on the rights of persons belonging to
national or ethnic, religious and linguistic minorities.
The General Assembly on November 25, 1981 proclaimed a specific declaration on
the elimination of all forms of intolerance and of discrimination based on religion or
belief after having considered that religion or belief is one of the fundamental
elements of every person in his life and that freedom of religion or belief should be
respected and guaranteed.
The declaration stipulated that right to freedom of thought, conscience and religion
stipulated under article 18 of the Covenant on Civil and Political rights include the
freedom to have a religion or belief of his choice either individually in community
with other in private or public, to manifest his religion or belief in worship,
observance, practice and teaching. No one shall be subjected to coercion which would
impair his freedom to have a religion or belief of his choice. Article 7 of the
declaration stipulated those states shall accord in their national legislation, to provide
freedom of religion and belief, in such a manner that everyone is able to avail himself
of such rights and freedoms in practice.