The United Nations (UN) recently published its inaugural guidelines on access to social justice for People with Disabilities (PwD). Comprised of ten principles, these guidelines are intended to aid in the integration of PwD into justice systems worldwide. This significant development brings about an opportunity to delve into the key points, the UN’s definition of a person with disability, statistics related to disability, and India’s efforts towards the inclusion of PwDs.
Key Points: Ten Principles of Access to Justice for PwD
The guidelines outlined by the UN emphasize ten essential principles aimed at advancing social justice and ensuring accessibility for PwD.
1. PwD should not be denied access to justice due to their disability.
2. Facilities and services should be universally accessible and free of discrimination towards PwD.
3. PwD, including children with disabilities, are entitled to suitable procedural accommodations.
4. PwD have the right to receive legal notices and information in a timely and accessible way, similar to the general public.
5. PwD should be granted all substantive and procedural safeguards recognized in international law, equivalent to others. The necessary accommodations must also be provided by states to ensure due process.
6. PwD are entitled to free or affordable legal assistance.
7. PwD should have the right to participate equally in the administration of justice.
8. PwD should have the right to report complaints and initiate legal proceedings concerning violations of human rights and crimes.
9. Effective and robust monitoring mechanisms are vital in promoting access to justice for PwD.
10. All participants in the justice system should be offered awareness-raising and training programmes about the rights of PwD.
UN Definition of Person with Disability
The UN Convention on the Rights of PwD, adopted in 2006, defines persons with disabilities as 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”. India ratified the Convention in October 2007.
Statistics on Disability
According to UN statistics, roughly 15% of the global population, or an estimated 1 billion people, live with disabilities, making them the world’s largest minority. In India, 2.4% of males and 2% of females of all age groups are disabled.
India’s Efforts for Persons with Disability
In terms of legislative support, India has enacted several provisions for the protection and inclusion of PwDs.
Article 41 of the Directive Principles of State Policy (DPSP) asserts that the State must provide for the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement. The topic of ‘relief of the disabled and unemployable’ is listed in the state list of the Seventh Schedule of the constitution.
The Right of Persons with Disabilities Act, 2016 replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This act recognizes individuals with long-term physical, mental, intellectual, or sensory impairments that can impede their active participation in society, and those with at least 40% of a specified disability. The types of recognized disabilities have expanded from seven to twenty-one, now including conditions like mental illness, autism, and Parkinson’s disease, among others.
Accessible India Campaign
The Accessible India Campaign is a nationwide initiative focused on creating an accessible environment for PwDs. It aims to create equal opportunities and promote independent living in an inclusive society. The campaign’s targets include enhancing the accessibility of the built environment, transport system, and Information & communication ecosystem.