LET NOBLE THOUGHTS COME TO US FROM EVERY SIDE

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Presentation transcript:

LET NOBLE THOUGHTS COME TO US FROM EVERY SIDE Rg Veda, 1-89-i

U N C R P D United Nation Convention on the Rights of the Persons with Disabilities Over view on UNCRPD 15-04-2010 Prof P Jeyachandran Director Vijay Human Services, Chennai

UN Head Quarters Parliament United Nation Convention on the Rights of Persons with Disability UN Head Quarters Disability is an evolving concept Mental Retardation Autism The Fundamental Rights as per the Constitution of India 1 Right of Equality 2 Right to Particular Freedom 3 Cultural and Educational Rights 4 Right to Freedom of Religion 5 Right Against Exploitation and 6 Right to Constitutional Remedies Parliament

To enhance the Quality of Life The government of India has brought legislation RCI ACT 1992 PWD ACT 1995 National Trust ACT 1999

Constitution of India & U N C R P D It is also necessary to include provisions which reaffirm the new rights that have been incorporated in the UNCRPD, which are recognized by the Constitution of India, but which have not been included in any of the existing disability legislation. This is required by the Indian Constitution are appropriately customized for persons with disabilities.

UN Convention on the Rights of the Disabilities Article – 1 Purpose is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities and to promote respect for their inherent dignity

UN Convention on the Rights of the Disabilities Article – 1 Purpose Persons with disabilities : 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

Article – 2 Definitions The UNCRPD does not have a definition in the definition article but includes the definition in the purpose segment Prefers an inclusive definition which expressly names the those conditions which are more unanimously acknowledged as disabling could be included in the statute but need not be limited to them

Discrimination on the basis of disability Reasonable accommodation Article – 2 Definitions Communication Language Discrimination on the basis of disability Reasonable accommodation Universal design

Article – 3 General principles Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons Non-discrimination Full and effective participation and inclusion in society Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity

Article – 3 General principles Equality of opportunity Accessibility Equality between men and women Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities

Article – 4 General obligations To adopt all appropriate legislative, administrative and other measures for the implementation of the rights in the present convention To undertake or promote research and development of universally designed goods services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use and to promote universal design in the development of standards and guidelines

Article – 4 General obligations To promote the training of professionals and staff working with persons with disabilities in the rights recognized in this convention so as to better provide he assistance and services guaranteed by those rights

Equality and non-discrimination Article – 5 Equality and non-discrimination Guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds

Women and disabilities Article – 6 Women and disabilities

Children with disabilities Article – 7 Children with disabilities To provide all human rights and fundamental freedoms on an equal basis with other children

To raise awareness throughout society Article – 8 Awareness - raising To raise awareness throughout society

The physical environment Transportation Information and communication Article – 9 Accessibility The physical environment Transportation Information and communication Technologies and systems For both urban and rural Elimination of obstacles and barriers

Effective enjoyment on an equal basis with others Article – 10 Right to life Effective enjoyment on an equal basis with others

Situations of risk and humanitarian emergencies Article – 11 Situations of risk and humanitarian emergencies To ensure the protection and safety situation of risk Armed conflict Humanitarian emergencies Occurrence of natural disasters

Equal recognition before the law Article – 12 Equal recognition before the law Support to exercise the legal problems

direct and indirect participation Article – 13 Access to justice On an equal basis accommodations direct and indirect participation As witness`

Liberty and security of the person Article – 14 Liberty and security of the person Enjoy the right to liberty and security of person

Prevention from medical or scientific experiment Article – 15 Freedom from torture or cruel, inhuman or degrading treatment or punishment Prevention from medical or scientific experiment

Freedom from exploitation, violence and abuse Article – 16 Freedom from exploitation, violence and abuse Effective monitoring by independent authorities

Protecting the integrity of the person Physical and mental integrity Article – 17 Protecting the integrity of the person Physical and mental integrity

Liberty of movement and nationality Article – 18 Liberty of movement and nationality Right to acquire and change a nationality

Living independently and being included in the community Article – 19 Living independently and being included in the community To live in the community

Providing quality mobility devices, assistive technologies Article – 20 Personal mobility Providing quality mobility devices, assistive technologies Providing training in mobility skills

Freedom of expression and opinion and access to information Article – 21 Freedom of expression and opinion and access to information Providing information to the public through electronic and print media, internet

To protect the privacy, health and rehabilitation Article – 22 Respect for privacy To protect the privacy, health and rehabilitation

Respect for home and family Article – 23 Respect for home and family Marriage, children, respect to family life, to live with parents, family living situation

Article – 24 Education An inclusive education at all levels and life long learning Full development of human potential - human rights, freedom, human diversity Development of personality and creativity Participate in the society Persons with disabilities are not excluded from the general education system on the basis of disability

Article – 24 Education Access to inclusive quality and free primary and secondary education Reasonable accommodation To receive support required in the educational system Effective individualized support Augmentative and alternative modes Appointment of qualified teachers Adult and vocational education

Quality, standard and affordable health care Early identification, Article – 25 Health Quality, standard and affordable health care Early identification, intervention to prevent for the disabilities including rural areas

Habilitation and rehabilitation Article – 26 Habilitation and rehabilitation Including peer support To attain and maintain maximum independence Full physical, mental, social and vocational ability and full inclusion and participation Through : areas of Health, employment, education and social services Begin at the earliest possible stage Community involvement

Favourable condition of work Equal opportunities Equal remuneration Article – 27 Work and Employment Favourable condition of work Equal opportunities Equal remuneration Healthy working conditions Protection from harassment Redress of grievances

Adequate standard of living and social protection Article – 28 Adequate standard of living and social protection Including adequate food, clothing and housing

Institutions The glorious ancient past has been forgotten The institutions have become human warehouses In dehumanising conditions

Participation in political and public life To vote and to be elected Article – 29 Participation in political and public life To vote and to be elected

Participation in cultural life, recreation, leisure and sport Article – 30 Participation in cultural life, recreation, leisure and sport To utilize all the community recreational facilities To develop utilize their creative artistic and intellectual potential To develop and participate in disability specific sporting and recreational activities

Statistics and data collection Article – 31 Statistics and data collection To ensure confidentiality and respect for the privacy

International cooperation Article - 32 International cooperation

Article - 33 National Implementation and monitoring Article - 34 Committee on the Rights of Persons with Disabilities Article - 35 Reports by States Parties Article - 36 Consideration of reports Article - 37 Cooperation between States Parties and the Committee

Article - 38 Relationship of the Committee with other bodies Article - 39 Report of the Committee Article - 40 Conference of States Parties Article - 41 Depositary Article - 42 Signature Article - 43 Consent to be bound

Article - 44 Regional integration organizations Article - 45 Entry into force Article - 46 Reservation Article - 47 Amendments Article - 48 Denunciation Article - 49 Accessible format Article - 50 Authentic texts

Pancha Tantra - 1st Century BC First text book on special education in the history of mental retardation

Susrutha - 6th Century BC Charaka - 6th Century BC Chanakya 4th Century BC Patanjali 2nd Century BC

Buddhism & Jainism

Christianity & Islam

Supports, Resource and Individual INTERMITTENT LIMITED EXTENSIVE PERVASIVE

Intimacy Acceptance If I am liked, then I must be worth being liked Rejection If I am not liked, there must be something wrong with me

you keep me in darkness and “I am a mushroom, you keep me in darkness and feed me with shit”

Self Esteem - Intimacy Acceptance Approval Attention Recognition Praise Love

is what we have provided to him What we see in him is not what is in him is what we have provided to him

Ancient Texts UNCRPD – Human Family Only as Sanatana Dharma or a Way of Life Vasudeiva Kutumbakam – the World My Family “Yadum Oorey Yavarum Keleer “ Every place, my place, every person, relative” UNCRPD – Human Family

Swami Vivekananda "Education is not the amount of information that is put into your brain and runs riot there, undigested, all your life We must have life-building, man-making, character-making assimilation of ideas If you have assimilated five ideas and made them your life and character, you have more education than any man who has got by heart a whole library Real education is that which enables one to stand on one's own legs"`

As the wise test gold by burning, cutting and rubbing it, so are you to accept my word after examining them and not merely out of regard for me The Buddha

Conclusion Akhanda mandalaa kaaram vyaaptham ena charaacharam May I through the guidance of the right Teacher see the Truth pervading in the animate and the inanimate in the vast cosmic space Akhanda mandalaa kaaram vyaaptham ena charaacharam Thath padam darshitham ena thasmy Sri Guruve Namaha

NANDRI VANAKKAM