KOMAL AGARWAL

AMITY LAW SCHOOL, KOLKATA, INDIA

THE INTERNATIONAL MODEL UNITED NATIONS

CONFERENCE ON THE RIGHTS OF PERSONS WITH
DISABILITIES.

MARCH, 2024

HOW CAN COUNTRIES IMPROVE ACCESSBILITY IN PUBLIC SPACES,

TRANSPORATION AND INFORMATION AND COMMUNICATION TECHNOLOGIES
FOR PERSONS WITH DISABILITIES TO LIVE INDEPENDENTLY AND BE
INCLUDED IN THE COMMUNITY AS PER ARTICLE 19 OF THE CRPD?
INTRODUCTION

Approximately one billion individuals worldwide suffer from a disability. Frequently, they
are the poorest of the poor. All nations and cultures suffer from some form of stigma and
prejudice against them. People with disabilities sometimes face obstacles to their prosperity
and well-being because they are not given equal opportunities to work, attend school, or fully
engage in society.
An international human rights convention called the Convention on the Rights of Persons
with Disabilities (CRPD) seeks to uphold the rights and dignity of people with disabilities.
The right of people with disabilities to live freely and participate in society is particularly
covered in Article 19 of the CRPD. Because it serves as a mechanism to guarantee that
individuals with disabilities have access to the same opportunities and rights as everyone else,
the Convention on the Rights of Persons with Disabilities is significant. The Convention is a
human rights agreement that was created by representatives of the global community,
including government officials, nongovernmental organization representatives, and
individuals with disabilities, with the goal of altering the perception and treatment of
individuals with disabilities in their communities. The Convention urges everyone to
recognize disability as a matter of human rights. The Convention addresses a wide range of
potential problem areas, including physical access to structures, roads, and transit, as well as
access to information via written and electronic communications. The Convention also seeks
to lessen prejudice and stigma, which are frequent causes of exclusions from health,
employment, education, and other services for those with disabilities.

In order to improve accessibility in public spaces, transportation, and information and

communication technologies for persons with disabilities, countries can take several steps:

1. Policies: Nations have the authority to establish or reinforce policies that require public
areas, transit, and ICTs to adhere to accessible guidelines for those with disabilities. The
Rights of Persons with Disabilities Act, 2016 in India outlines measures for accessibility as
well as the advancement, defence, and realization of the rights of people with disabilities.

2. Infrastructure: Building ramps, elevators, accessible restrooms, and places set aside for
people with disabilities are examples of infrastructure improvements in which governments
might invest to improve accessibility in public areas and transportation. This includes
enabling wheelchair accessibility for public transportation.
3. Training and Awareness: To increase public understanding of the needs and rights of
people with disabilities, conduct training programs for transportation employees, public
authorities, and technology suppliers. Enhancing services and assistance for those with
impairments can be facilitated by this.

4. Technology: Make sure that developments in information and communication

technologies are made in a way that makes them usable for people with disabilities. This
covers assistive technology, mobile applications, and websites.

5. Consultation with Persons with Disabilities: To better understand the needs and
problems of people with disabilities, include them in the decision-making process. This can
support the development of inclusive and more successful policies and procedures.

The Rights of Persons with Disabilities Act, 2016, which is enforced by the proper authorities
at the state and federal levels, is the pertinent law in the case of India. The Act guarantees the
rights and privileges of individuals with disabilities in several spheres of life, such as
community inclusion and accessibility. As stated in Article 19 of the CRPD, increasing
accessibility for people with disabilities is essential to ensure their full inclusion and
integration into society. Governments and legislators must put the needs of people with
disabilities first, take decisive action to eliminate obstacles, and foster an inclusive society for
all.

The 1999 landmark ruling by the US Supreme Court in Olmstead v. L.C. is one example of
international case law pertaining to the rights of people with disabilities. The case dealt with
the problem of discrimination and segregation against disabled people in institutional
environments. The Court ruled that discrimination under the Americans with Disabilities Act
(ADA) is committed when people with disabilities are unjustly separated from the general
public. The ruling highlighted people with disabilities' right to live in communities instead of
being needlessly isolated in institutions.
The ruling in the 2010 case of Alajos Kiss v. Hungary by the European Court of Human
Rights is another noteworthy instance. In this instance, the Court decided that Hungary had
discriminated against the wheelchair-bound person in this case based on his handicap by
refusing to offer accessible public transit, infringing on his rights. The ruling emphasized
how crucial it is to provide people with disabilities with reasonable accommodations and
accessibility so they may fully and actively participate in society.
 INDIAN CONTEXT

UN adopted convention on the Rights of Persons with Disabilities for the empowerment of
persons with disabilities. India signed the convention and subsequently ratified the same in
2007. Being a signatory to the convention India had an international obligation to comply
with the said convention which required entirely new legislation. Hence, The Persons with
Disabilities Act, 1995 was replaced by The Rights of Persons with Disabilities Act, 2016. An
act that aims to uphold the dignity of every person with a disability in our society and prevent
any form of discrimination. Many laws that support their rights, welfare, and social inclusion
are in place to safeguard people with disabilities in India. The following are some important
legislation in India that safeguard the rights of people with disabilities:

1. The Rights of Persons with Disabilities Act, 2016: This comprehensive law, which
superseded the Persons with Disabilities Act, 1995, protects the rights and entitlements of
individuals with disabilities in India. It describes different kinds of impairments, forbids
discrimination, and offers equal chances, rights protection, and full inclusion in society.

2. The Mental Healthcare Act, 2017: Although this Act does not specifically target those
with physical impairments, it does strive to offer mental healthcare and assistance to those
who are mentally sick. It contains clauses pertaining to advance directives, rights protection,
and mental health care access.

3. The Rehabilitation Council of India Act, 1992: Rehabilitation specialists that work with
individuals who have impairments are subject to regulations regarding training programs and
services. It seeks to raise the standard of rehabilitation services and guarantee that people
with disabilities get enough help and support.

4. The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation, and Multiple Disabilities Act, 1999: The welfare of people with impairments,
including autism, cerebral palsy, mental retardation, and multiple disabilities, is addressed by
this act. In order to assist people with these disabilities and their families, it creates the
National Trust.

5.The Inclusive Education for the Disabled at Secondary Stage (IEDSS): The secondary
inclusive education program's main goal is to serve students with impairments. Its goal is to
guarantee that children with disabilities are incorporated into regular classrooms and have
access to education.
6. National Action Plan for Persons with Disabilities: The objectives of India's National
Action Plan for the Empowerment of Persons with Disabilities are to ensure equitable
opportunities, promote inclusion, and lessen stigma.

7. Campaign for Accessible India (Sugamya Bharat Abhiyan): The Government of India
launched this program with the goal of enabling people with disabilities to use public areas,
transportation, and information and communication technology. It focuses on modifying
current infrastructure to make it accessible to people with disabilities.

8. Numerous Schemes and Programs: The government has put in place a number of
schemes and programs, including as financial aid, skill development, assistive technology,
and healthcare services, for the welfare and empowerment of people with disabilities.

Together, these laws support people with disabilities' rights in India and advance their general
well-being, social inclusion, and societal empowerment. It is imperative that the government,
legislators, and the general public uphold and efficiently execute these rules in order to
provide a more inclusive and accessible atmosphere for those with disabilities.

The National Federation of the Blind v. Union Public Service Commission & Ors. case is a
noteworthy precedent in this area. The Delhi High Court ruled in this case that blind
applicants are eligible for reservation in civil service examinations, such as the Indian
Administrative Service (IAS) test. The Court stressed how crucial it is to give people with
impairments equal opportunity when applying for jobs with the government.

In Rajive Raturi v. Union Public Service Commission, a significant case, the Delhi High
Court ordered the UPSC to let visually handicapped applicants to utilize scribes for the Civil
Services Examination. The Court underscored the necessity of affording appropriate
accommodations for individuals with disabilities in order to provide an even playing field
during competitive exams.
 MY RECOMMENDATIONS

 All countries should make sure that disabled people actually do get treated equally.
 Making rules and laws to give disabled people their rights and changing any laws that
aren’t fair.
 Not doing things that are against this agreement
 Making sure governments and authorities do the things in this agreement.
 Making sure things are designed for everyone to use or that can be easily changed.
 Giving accessible information to disabled people about the things that will help them.
 Countries agree that everyone is equal under the law and that discrimination against
disabled people will not be allowed
 Countries agree that women and girls who are disabled are treated unfairly in lots of
different ways.
 Countries agree that disabled children have the same rights as other children and are
treated equally with others.
 Countries agree to do things to make everyone else aware that disabled people have
the same rights as everyone else and to show them what disabled people can do.
 Teaching all children about equal rights for disabled people.
 Countries should make sure disabled people have better access to things in all areas of
life.
 More guides and sign language interpreters should be available in public buildings.
 They should make sure that disabled people have access to new technology.
 Countries should make sure disabled people have the same chances as anyone else to
live their lives.
 Making sure that disabled people are properly protected when there are risky
situations for everyone, for example when hurricanes happen.
 Disabled people have the same right to make their own decisions about important
things as everyone else.
 Disabled people should have the same rights to go to court, take other people to court
or take part in what happens in courts as anyone else.
 Disabled people should be free and safe, the same as everyone else.
 Disabled people must not be experimented on, especially medical experiments,
(unless they freely agree).
 Countries must make laws and rules to make sure disabled people are protected in the
home and outside from violence, being used or abused.
 Countries must also try to prevent abuse and they should make sure there is proper
support, information and training on how to see abuse and
 how to report it.
 Countries should make sure that disabled people who have been abused get the help
and support they need to keep them safe and help recover from the abuse.
 Disabled people’s minds and bodies are their own and must be respected the same as
everyone else’s.
 Disabled children will have the right to a name from birth, a right to be a citizen and if
possible, the right to know and be cared for by their parents.
 Countries should make sure disabled people have the same choices as everyone else
about how they live and being part of their communities.
 Countries should make sure disabled people can get about independently as much as
possible.
 Countries must make sure that disabled people have the right to find out and give
information and to say what they want, the same as everyone else.
 Countries must make sure that personal information about disabled people is kept
confidential or private the same as everyone else’s.
 Countries must make sure that disabled people have equal rights to marriage, a family
and personal relationships.
 Disabled people have the right to family planning and other information to help them
decide these things.
 Countries will make sure children are not taken away from their parents if they don’t
want to be, except when the law says it is in the best interests of the child. Children
must not be taken away just because they or their parents are disabled.
 Disabled people can go to good local schools, and don’t have to pay for them, the
same as everyone else.
 Disabled people have the right to good health and access to health services including
family planning.
 Countries will make sure disabled people can lead an independent and healthy a life
as possible and will provide support in health, work, education and social services to
help that happen.
 Disabled people have a right to work, equal with others.
 Disabled people have an equal right to a good enough standard of living for them and
their families. This includes food, clothing, housing and clean water.
 Disabled people have the right to take part in politics the same as every one else.
 Disabled people have the right to take part in sports and leisure as much as anybody
else.
 Countries should collect the information they need to help make this agreement
happen.
 A special committee will be elected by all the countries to make sure this agreement is
being followed properly. It will be based at the United Nations.
 CONCLUSION

To sum up, I would like to say that Model UN (Model United Nations) conferences on the
rights of people with disabilities are very essential for bringing this important topic to
people's attention and encouraging thoughtful discussion. These conferences provide a forum
for discussing creative ideas, exchanging best practices, and fighting for the inclusion and
rights of people with disabilities.
The primary piece of law in India that upholds and advances the rights of people with
disabilities is the Rights of Persons with Disabilities Act, 2016. In order to provide equal
opportunity and full involvement for people with disabilities, this Act makes several
measures for employment, education, accessibility, and non-discrimination.
It is encouraging to see young brains taking on such important topics through Model UN
conferences, which not only inform participants about the difficulties experienced by people
with disabilities but also provide them the tools to become change agents in their own
communities. It will be crucial to carry on these discussions, put in place sensible laws, and
endeavor to build a society that is more inclusive of all.
In summary, MUN conferences on the rights of people with disabilities are crucial in
promoting positive change and providing a forum for cooperation, awareness-raising, and
advocacy in the direction of a more just and inclusive society for people with disabilities.