Concept
The rights of persons with disabilities, often referred to as persons with special abilities or different abilities, are recognized and protected under international law to ensure their full inclusion, equality, and participation in society. The key aspects of these rights are:
- Right to Non-Discrimination
Persons with disabilities are entitled to equal treatment and non-discrimination in all aspects of life. They should not face discrimination based on their disability.
- Right to Accessibility
This right ensures that persons with disabilities have access to the physical environment, transportation, information, and communication technologies, ensuring they can fully participate in society.
- Right to Health
Access to healthcare services, rehabilitation, and support services is vital to address the specific health needs of persons with disabilities.
- Right to Education
Persons with disabilities have the right to inclusive education and access to educational institutions on an equal basis with others. This includes reasonable accommodations and support to ensure their educational needs are met.
- Right to Employment and Work
The right to work and employment without discrimination is crucial. It includes equal opportunities, reasonable accommodations, and access to vocational training for persons with disabilities.
- Right to Independent Living and Inclusion
Persons with disabilities have the right to live independently and be included in the community, free from isolation or segregation.
- Right to Legal Capacity and Decision-Making Autonomy
Ensuring that persons with disabilities have the right to make decisions and have legal capacity on an equal basis with others, with necessary support if required.
- Protection from Exploitation and Abuse
Protection against exploitation, violence, and abuse of persons with disabilities is crucial, including safeguarding against discrimination in legal procedures and institutions.
- Right to Participation and Inclusion in Political and Public Life
Guaranteeing the participation of persons with disabilities in public and political life, ensuring they can fully exercise their rights as citizens.
These rights are enshrined in various international human rights instruments, including the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out comprehensive rights and principles for persons with disabilities. Implementation of these rights involves legislative measures, policies, and societal changes aimed at ensuring the full inclusion and empowerment of persons with disabilities.
Constitution of Pakistan
The Constitution of Pakistan acknowledges the rights of persons with disabilities indirectly through certain provisions that can be interpreted to encompass their rights:
- Article 25 guarantees equality of citizens before the law and prohibits discrimination on the basis of sex, religion, caste, or place of birth. While not explicitly mentioning persons with disabilities, the principle of equality can be interpreted to include protection against discrimination based on disabilities.
- Article 38 outlines the state’s responsibility to secure the well-being of the people, which indirectly includes persons with disabilities. It emphasizes raising their standard of living and providing adequate means of livelihood for all citizens.
- Article 37 directs the state to promote social justice and remove inequalities, ensuring that all citizens, including persons with disabilities, are provided facilities and opportunities to participate in all forms of national activities.
Sindh Legal Framework
The Government of Sindh has enacted the Sindh Empowerment of Persons with Disabilities Act, 2018, to protect rights of PWDs, including provisions for accessibility, education, employment, healthcare, social protection and non-discrimination, the implementation of these measures remains a major challenge.