End of all forms of legal discrimination through implementation of UNCRPD Matrika Devkota Self advocate Kathmandu, Nepal.

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Presentation transcript:

End of all forms of legal discrimination through implementation of UNCRPD Matrika Devkota Self advocate Kathmandu, Nepal

Medical Model vs Social Model Paradigm shift from impairment to barrier End of any distinction, exclusion or restriction Recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

Legal Discrimination 43 Acts out of 325 Acts; 5 rules out of 120 rules; and 3 bills out of 40 bills are found to be inconsistent with the article 16(1), 18, 25, 31, 33 and 42 of the Constitution of Nepal and Article 1, 4(a), 5(4), 12, 17, 27 and 29 of the UNCRPD "insane", "mad", "have no sense", "unsound mind", “lost mental sense”, “incapable with mental illness” and "suffering from mental illness" (KOSHISH Study, 2017) incompetent of being appointed as - a chairperson, member, founder, director, guardian, insurance agent, surveyor, broker, nor hold any position, be an election candidate, cast votes or make a contract

Legal Harmonization in accordance to UNCRPD Article 4, 1 (b) States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. To this end, States Parties undertake: To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities

Equal recognition before law Recognition as a person Precondition for legal personality The source for non discrimination Also includes the equal protection of the law (UNCRPD Article 12)

Political life Effective and full participation in political life Right to vote Right to form associations UNCRPD (Article 29)

Family life Right to family Live in society Reproductive rights State assistance in child rearing (UNCRPD Article 23)

Intervention by KOSHISH KOSHISH is informing with parliamentarians, judges, commisoners about the harmonization of legal framework. KOSHISH promoting the voices of self advocates against these barriers. KOSHISH has also filed Public Interest Litigation (PIL) against these discriminatory laws.

Conclusion The UNCRPD marks an important turning point in human rights understanding The need to accept diversity and difference is best exemplified in this convention