Child Rights: A Gist

The Convention on the Rights of the Child defines basic rights of children
covering multiple needs and issues. India endorsed it on December 11, 1992.
Following are a few rights in the immediate purview of Smile Foundation as
well as India.

The right to Education: 50% of Indian children aged 6-18 do not go to school
Dropout rates increase alarmingly in class III to V, its 50% for boys, 58% for
girls.

The right to Expression: Every child has a right to express himself freely in which ever way he likes. Majority of children
however are exploited by their elders and not allowed to express.

The right to Information: Every child has a right to know his basic rights and his position in the society. High incidence of
illiteracy and ignorance among the deprived and underprivileged children prevents them from having access to information
about them and their society.

The right to Nutrition: More than 50% of India's children are malnourished. While one in every five adolescent boys is
malnourished, one in every two girls in India is undernourished.


The right to Health & Care: 58% of India's children below the age of 2 years are not fully vaccinated. And 24% of these
children do not receive any form of vaccination. Over 60% of children in India are anemic. 95 in every 1000 children born in
India, do not see their fifth birthday. 70 in every 1000 children born in India, do not see their first birthday.

The right to protection from Abuse: There are approximately 2 million child commercial sex workers between the age of 5



and 15 years and about 3.3 million between 15 and 18 years. They form 40% of the total population of commercial sex
workers in India. 500,000 children are forced into this trade every year.



The right to protection from Exploitation: 17 million children in India work as per official estimates. A study found that
children were sent to work by compulsion and not by choice, mostly by parents, but with recruiter playing a crucial role in
influencing decision. When working outside the family, children put in an average of 21 hours of labour per week. Poor and
bonded families often "sell" their children to contractors who promise lucrative jobs in the cities and the children end up
being employed in brothels, hotels and domestic work. Many run away and find a life on the streets.


The right to protection from Neglect: Every child has a right to lead a well protected and secure life away from neglect.
However, children working under exploitative and inhuman conditions get neglected badly.


The right to Development: Every child has the right to development that lets the child explore her/his full potential.
Unfavourable living conditions of underprivileged children prevents them from growing in a free and uninhibited way.


The right to Recreation: Every child has a right to spend some time on recreational pursuits like sports, entertainment and
hobbies to explore and develop. Majority of poor children in India do not get time to spend on recreational activities.



The right to Name & Nationality: Every child has a right to identify himself with a nation. A vast majority of underprivileged
children in India are treated like commodities and exported to other countries as labour or prostitutes.


The right to Survival: Of the 12 million girls born in India, 3 million do not see their fifteenth birthday, and a million of them
are unable to survive even their first birthday. Every sixth girl child's death is due to gender discrimination.
Child Rights in India: An Introduction
India is a party to the UN declaration on the Rights of the Child 1959. Accordingly, it adopted a National Policy on Children in
1974. The policy reaffirmed the constitutional provisions for adequate services to children, both before and after birth and
through the period of growth to ensure their full physical, mental and social development.
Accordingly, the government is taking action to review the national and state legislation and bring it in line with the
provisions of the Convention. It has also developed appropriate monitoring procedures to assess progress in implementing
the Convention-involving various stake holders in the society.
India is also a signatory to the World Declaration on the Survival, Protection and Development of Children. In pursuance of
the commitment made at the World Summit, the Department of Women and Child Development under the Ministry of
Human Resource Development has formulated a National Plan of Action for Children. Most of the recommendations of the
World Summit Action Plan are reflected in India's National Plan of Action- keeping in mind the needs, rights and aspirations of
300 million children in the country.
The priority areas in the Plan are health, nutrition, education, water, sanitation and environment. The Plan gives special
consideration to children in difficult circumstances and aims at providing a framework, for actualization of the objectives of
the Convention in the Indian context.
Status of Children in India
Recent UNICEF (2005) report on the state of the worlds children under the title Childhood Under Threat , speaking about
India, states that millions of Indian children are equally deprived of their rights to survival, health, nutrition, education and
safe drinking water. It is reported that 63 per cent of them go to bed hungry and 53 per cent suffer from chronic malnutrition.
The report says that 147 million children live in kuchcha houses, 77 million do not use drinking water from a tap, 85 million
are not being immunized, 27 million are severely underweight and 33 million have never been to school. It estimates that 72
million children in India between five and 14 years do not have access to basic education. A girl child is the worst victim as
she is often neglected and is discriminated against because of the preference for a boy child.
National Commission for Protection of Child Rights
In order to ensure child rights practices and in response to Indias commitment to UN declaration to this effect, the
government of India set up a National Commission for Protection of Child Rights.

The Commission is a statutory body notified under an Act of the Parliament on December 29, 2006. Besides the chairperson,
it will have six members from the fields of child health, education, childcare and development, juvenile justice, children with
disabilities, elimination of child labour, child psychology or sociology and laws relating to children.
The Commission has the power to inquire into complaints and take suo motu notice of matters relating to deprivation of
child's rights and non-implementation of laws providing for protection and development of children among other things.
Aimed at examining and reviewing the safeguards provided by the law to protect child rights, the Commission will
recommend measures for their effective implementation. It will suggest amendments, if needed, and look into complaints or
take suo motu notice of cases of violation of the constitutional and legal rights of children.
The Commission is to ensure proper enforcement of child rights and effective implementation of laws and programmes
relating to children- enquiring into complaints and take suo motu cognizance of matters relating to deprivation of child rights;
non-implementation of laws providing for protection and development of children and non-compliance of policy decisions,
guidelines or instructions aimed at their welfare and announcing relief for children and issuing remedial measures to the
state governments.
Child Rights Articles & Preamble
Convention on the Rights of the Child
Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989
entry into force 2 September 1990, in accordance with article 49


[Credited to Office of the High Commissioner for Human Rights]





Persons with disability
Many (if not most!) disabled persons are hidden away, stigmatised, and hardly
exist in any official way, according to statistics and the community. Needless to
say, they face more problems than most in accessing school and in receiving an
education that both recognises and meets their special needs as well as including
them in society on an equal footing, giving them equal life opportunities.

A new convention for a new century
In most countries, there are no constitutional and legal provisions for persons
with disabilities. However, it is fitting that the first major international human
rights treaty of the 21st Century should focus on disability: The International
Convention on the Rights of Persons with Disabilities, especially article 24 on the
right to education, must now serve as inspiration and common standard of
achievement in changing and amending national laws.

Challenging perceptions and false priorities
In many countries children with disabilities are excluded from school. This is
particularly the case if a girl child has a disability. In some cultures children with
disabilities are seen as a curse, and as such are hidden away from the wider
community. In others, it is more a matter of priorities. Perhaps the costs
associated with education mean that a child without a disability is prioritised, as
educating a disabled child is seen as a wasted investment. Or the school may not
have the facilities or teaching staff to include children with disabilities.

Work on disabilities needs to include:
Challenging community prejudice looking at what is seen as a disability, why,
what expectations community members have of disabled children, what disabled
children spend their time doing, what their employment potential is, etc.
Developing skills, capacity and confidence to work effectively with disabled
children, building teacher confidence and ability to work with a range of different
disabilities, or bringing in teachers with specific skills and training.
Providing additional funding to ensure school infrastructure is appropriate for
children with disabilities: that the classroom is accessible, the books are
appropriate, there are accessible sanitation facilities, etc.
Developing inclusive education policies and practices at national, local and at
school level to ensure proper investment in inclusive education, as well as good
interaction at school level, challenging any potential bullying or exclusive
behaviour.

It is also crucially important to engage with disabled children directly, to build
their confidence, awareness of their rights, and capacity to communicate. In
Bangladesh participatory processes, such as Reflect, are being adapted for use
with groups of disabled children. This is working particularly well with groups of
children with the same disability (for example groups in which all the children are
deaf, or partially sighted) as the children are able to develop their own systems of
communication, which play to their strengths. Such group work has enabled
participants to discuss issues among themselves, as well as communicate their
understanding and perspectives to the wider community.

The constitution is the fundamental law of the country, reflecting the
underlying and unifying values of society. It spells out the basic rights of each
person; it serves as a framework for all other laws and policies, and cannot be
easily changed. However, it can be changed and updated through a
democratic process, and it is important to keep it alive, by popularising and
using it, and by campaigning for its reform or amendment if necessary. Below
we have picked out what we see as some of the most relevant art icles, but
please be encouraged to seek and read your constitution in its entirety .
The state is the central actor in any claim to the right to education: it is the
prime duty - bearer and the prime implementer; it is the guarantor; and it is
the states sig nature vis - - vis the international norms and standards which
binds it to respect, protect and fulfil the right to education. The state must
therefore be judged or challenged on its central text on the right to education,
whether this be the constitution, t he laws or the policies .
The Constitution of India 1950, amended 2006
EDUCATION
Art. 21A. The State shall provide free and compulsory education to all children of
the age of six to fourteen years in such manner as the State may, by law,
determine. (EIGHTY-SIXTH AMENDMENT ACT, 2002)
Art. 41. Right to work, to education and to public assistance in certain cases.
The State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement, and in
other cases of undeserved want.
Art. 45. Provision for free and compulsory education for children.
(1) The State shall endeavour to provide, within a period of ten years from the
commencement of this Constitution, for free and compulsory education for all
children until they complete the age of fourteen years.
(2) The State shall endeavour to provide early childhood care and education for all
children until they complete the age of six years. (EIGHTY-SIXTH AMENDMENT
ACT, 2002)
Art. 46. Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections.
The State shall promote with special care the educational and economic interests
of the weaker sections of the people, and, in particular, of the Scheduled Castes
and the Scheduled Tribes, and shall protect them from social injustice and all
forms of exploitation.
Art. 51A (k) who is a parent or guardian to provide opportunities for education to
his child or, as the case may be, ward between the age of six and fourteen years.
(EIGHTY-SIXTH AMENDMENT ACT, 2002)
MINORITIES
Art. 29. Protection of interests of minorities.
(1) Any section of the citizens residing in the territory of India or any part thereof
having a distinct language, script or culture of its own shall have the right to
conserve the same.
(2) No citizen shall be denied admission into any educational institution
maintained by the State or receiving aid out of State funds on grounds only of
religion, race, caste, language or any of them.
Art. 30. Right of minorities to establish and administer educational institutions.
(1) All minorities, whether based on religion or language, shall have the right to
establish and administer educational institutions of their choice.
(1A) In making any law providing for the compulsory acquisition of any property
of an educational institution established and administered by a minority, referred
to in clause (1), the State shall ensure that the amount fixed by or determined
under such law for the acquisition of such property is such as would not restrict or
abrogate the right guaranteed under that clause.
(2) The State shall not, in granting aid to educational institutions, discriminate
against any educational institution on the ground that it is under the management
of a minority, whether based on religion or language.
Art. 350A. Facilities for instruction in mother-tongue at primary stage.
It shall be the endeavour of every State and of every local authority within the
State to provide adequate facilities for instruction in the mother-tongue at the
primary stage of education to children belonging to linguistic minority groups; and
the President may issue such directions to any State as he considers necessary or
proper for securing the provision of such facilities.
Art. 15 (5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall
prevent the State from making any special provision, by law, for the advancement
of any socially and educationally backward classes of citizens or for the Scheduled
Castes or the Scheduled Tribes in so far as such special provisions relate to their
admission to educational institutions including private educational institutions,
whether aided or unaided by the State, other than the minority educational
institutions referred to in clause (1) of article 30. (NINETY-THIRD AMENDMENT
ACT, 2005)
EQUALITY

Art. 14. Equality before law.
The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.
Art. 15. Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth.
(1) The State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or
any of them, be subject to any disability, liability, restriction or condition with
regard to
(a) access to shops, public restaurants, hotels and places of public entertainment;
or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of State funds or dedicated to the use of the
general public.
(3) Nothing in this article shall prevent the State from making any special
provision for women and children.
(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from
making any special provision for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and the
Scheduled Tribes.
Art. 17. Abolition of Untouchability.
Untouchability is abolished and its practice in any form is forbidden. The
enforcement of any disability arising out of Untouchability shall be an offence
punishable in accordance with law.
Art. 24. Prohibition of employment of children in factories, etc.
No child below the age of fourteen years shall be employed to work in any factory
or mine or engaged in any other hazardous employment
GENDER and VULNURABLE GROUPS
Art. 39. Certain principles of policy to be followed by the State.
The State shall, in particular, direct its policy towards securing
(a) that the citizens, men and women equally, have the right to an adequate
means of livelihood;
(e) that the health and strength of workers, men and women, and the tender age
of children are not abused and that citizens are not forced by economic necessity
to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and youth
are protected against exploitation and against moral and material abandonment.
RELIGION
Art. 25. Freedom of conscience and free profession, practice and propagation of
religion.
(1) Subject to public order, morality and health and to the other provisions of this
Part, all persons are equally entitled to freedom of conscience and the right freely
to profess, practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent
the State from making any law
(a) regulating or restricting any economic, financial, political or other secular
activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu
religious institutions of a public character to all classes and sections of Hindus.
Explanation I.The wearing and carrying of kirpans shall be deemed to be
included in the profession of the Sikh religion.
Explanation II.In sub-clause (b) of clause (2), the reference to Hindus shall be
construed as including a reference to persons professing the Sikh, Jaina or
Buddhist religion, and the reference to Hindu religious institutions shall be
construed accordingly.
Art. 26. Freedom to manage religious affairs.
Subject to public order, morality and health, every religious denomination or any
section thereof shall have the right
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
Art. 28. Freedom as to attendance at religious instruction or religious worship in
certain educational institutions.
(1) No religious instruction shall be provided in any educational institution wholly
maintained out of State funds.
(2) Nothing in clause (1) shall apply to an educational institution which is
administered by the State but has been established under any endowment or
trust which requires that religious instruction shall be imparted in such institution.
(3) No person attending any educational institution recognised by the State or
receiving aid out of State funds shall be required to take part in any religious
instruction that may be imparted in such institution or to attend any religious
worship that may be conducted in such institution or in any premises attached
thereto unless such person or, if such person is a minor, his guardian has given his
consent thereto.


Historical dates



1817 - the American
School for the Deaf,
the first permanent
school for the deaf in
America, is founded in
Hartford, Connecticut
(USA)

1829 - Louis Braille

invents the raised
point alphabet that
has come to be
known as Braille

1848 - the first
residential institution
for people with
mental retardation is
founded by Samuel
Gridley Howe in
Boston (USA)

1869 - the first
wheelchair patent is
registered with the
U.S. Patent Office

1920s - first
vocational
rehabilitation
programs to provide
services to WWI
veterans with
disabilities

1948 - Universal
Declaration of Human
Rights adopted by UN
General Assembly

1962 - Ed Roberts,
quadriplegic
paralyzed from the
neck down due to
childhood polio,
achieves admission to
the University of
California at Berkeley
(USA), a victory during
the 1960s disability
movement.

1971 - Declaration on
the Rights of Mentally
Retarded Persons

1973 - the first
handicap parking
stickers are
introduced in
Washington, D.C.
(USA)

1975 - Declaration on
the Rights of Disabled
Persons

1976 - passage of an
amendment to Higher
Education Act of 1972
in the USA provides
services to physically
disabled students
entering college

1979 - the U.S
Olympic Committee
organizes its
Handicapped in
Sports Committee

1981 - UN General
Assembly proclaims
1981 International
Year of Disabled
Persons

1982 - UN General
Assembly adopts the
World Programme of
Action concerning
Disabled Persons

1983 - ILO Convention
(159) on Vocational
Rehabilitation and
Employment
(Disabled Persons)

1983-1992 - Decade
for Disabled Persons

1992 - UN General
Assembly proclaims
that 3 December
every year be
observed as the
International Day of
Disabled Persons

1993 - UN General
Assembly adopts the
UN Standard Rules on
the Equalization of
Opportunities for
Persons with
Disabilities

1993-2002 - Asian and
Pacific Decade of
Disabled Persons

1994 - First Special
Rapporteur on
Disability, Bengt
Lindqvist appointed

2000-2009 - African
Decade of Disabled
Persons

2003 - European Year
of People with
Disabilities

2003-2012 - Arab
Decade of Disabled
Persons

2007 - UN General
Assembly adopts the
Convention on the
Rights of Persons with
Disabilities




This guide was developed by Anna Langenbach.

Copyright Human Rights Education Associates (HREA), 2003. All rights
reserved.



Human
rights of
persons
with
disabilities





Introduction
Rights at Stake
International and Regional
Instruments of Protection and
Promotion
National Protection and Service
Agencies
Advocacy, Educational and Training
Materials
Other Resources

Introduction
Disability and persons with
disabilities

Persons with disabilities are entitled




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to exercise their civil, political, social,
economic and cultural rights on an
equal basis with others. Disability
"summarizes a great number of
different functional limitations
occurring in any population in any
country of the world. People may be
disabled by physical, intellectual or
sensory impairment, medical
conditions or mental illness. Such
impairments, conditions or illnesses
may be permanent or transitory in
nature." (Standard Rules on the
Equalization of Opportunities for
Persons with Disabilities). Different
expressions are used when referring
to persons with disabilities. For
example, the term "differently-abled
persons" indicates that disability is
not perceived as a deviation from the
norm. The term "disabled persons"
might be misinterpreted to imply
that the ability of the individual to
function as a person has been
disabled. This guide uses the term
"persons with disabilities", which is
consistent with the language used by
the United Nations (UN).
The UN estimates that there are 500
million persons with disabilities in
the world today. This number is
increasing every year due to factors
such as war and destruction,
unhealthy living conditions, or the
absence of knowledge about
disability, its causes, prevention and
RSS Feeds





Related e-learning course





The Rights of Persons with Disabilities





Key terms





Disability - a physical,
mental, or sensory
impairment,
permanent or
temporary, that limits
the capacity to
perform one or more
essential activities of
daily life

Handicap - the loss or
limitation of
opportunities to take
part in the life of the
community on an
equal level with
others. It describes
the encounter
between the persons
with a disability and
the environment.

Rehabilitation - the
process to enable
disabled persons "to
reach and maintain
their optimal physical,

treatment.
The majority of persons with
disabilities live in less developed
countries where people lack access
to essential services such as health
care. Moreover, there exists a clear
relationship between poverty and
disability. The risk of impairment is
greater for a family that lives in
poverty, while and at the same time,
a disabled family member places
higher demands on the family's
resources.
Among persons with disabilities, the
following form particularly
vulnerable groups that face
discrimination based on two
grounds: women, children, elders,
victims of torture, refugees and
displaced persons, and migrant
workers. For instance, women with a
disability are discriminated against
because of their gender and also
because of their disability.
Development of disability policy

The work of the UN constitutes the
most important actions taken by an
international organization in the area
of disability. Based on the
International Bill of Rights, the UN
formulated the first specific
document regarding disabilities in
1971 in the Declaration on the Rights
of Mentally Retarded Persons.
sensory, intellectual,
psychiatric and/or
social functional
levels"




"All human beings are born free and equal in
dignity and rights" Universal Declaration of
Human Rights, Article 1





Some facts





- in most countries, 1
out of 10 persons has
a disability

- more than half of
world's persons with
disabilities don't have
access to essential
services

- war and destruction,
unhealthy living
conditions, absence
of knowledge about
disability, its causes,
prevention and
treatment are factors
that account for the
rising number of and
social exclusion of
persons with
disabilities

- there is a clear link
between poverty and
disability




Important other documents followed
but none of them are legally binding.
The 1980s mark the main phase of
activity regarding establishing
international norms pertaining to
persons with disabilities. In 1981, the
General Assembly declared the first
International Year of Disabled
Persons. It was followed by the
World Programme of Action
Concerning Disabled Persons in 1982
and the Decade of Disabled Persons
1983-1992. Throughout the 1990s all
UN conferences dealt with disability
rights and addressed the need for
protective instruments (World
Conference on Human Rights 1993,
Fourth World Conference on Women
1995, Habitat II 1996). At present,
the Ad Hoc Committee on Disabilities
is involved in a process to create a
convention that protects disabled
persons on an international level. A
high level of awareness is also
demonstrated by the European
Union, the year 2003 was declared as
the European Year of People with
Disabilities. Other important regional
observances include the Asian and
Pacific Decade of Disabled Persons
(1993-2002), the African Decade of
Disabled People (2000-2009), and
the Arab Decade of Disabled Persons
(2003-2012).


Historical dates





1817 - the American
School for the Deaf,
the first permanent
school for the deaf in
America, is founded in
Hartford, Connecticut
(USA)

1829 - Louis Braille
invents the raised
point alphabet that
has come to be
known as Braille

1848 - the first
residential institution
for people with
mental retardation is
founded by Samuel
Gridley Howe in
Boston (USA)

1869 - the first
wheelchair patent is
registered with the
U.S. Patent Office

1920s - first
vocational
rehabilitation
programs to provide
services to WWI
veterans with
disabilities

1948 - Universal
Declaration of Human

[Back to Top]
Rights at Stake
Persons with disabilities suffer from
discrimination based on society's
prejudice and ignorance. In addition,
they often do not enjoy the same
opportunities as other people
because of the lack of access to
essential services.
International human rights law
determines that every person has:
1. The right of equality before law
2. The right to non discrimination
3. The right to equal opportunity
4. The right to independent living
5. The right to full integration
6. The right to security
Policy regarding disabilities is often
dominated by the notion of
"equalization of opportunities",
which means that society must
employ its resources in such a way
that every individual, including
persons with disabilities, has an
equal opportunity to participate in
society.

[Back to Top]

International and Regional
Rights adopted by UN
General Assembly

1962 - Ed Roberts,
quadriplegic
paralyzed from the
neck down due to
childhood polio,
achieves admission to
the University of
California at Berkeley
(USA), a victory during
the 1960s disability
movement.

1971 - Declaration on
the Rights of Mentally
Retarded Persons

1973 - the first
handicap parking
stickers are
introduced in
Washington, D.C.
(USA)

1975 - Declaration on
the Rights of Disabled
Persons

1976 - passage of an
amendment to Higher
Education Act of 1972
in the USA provides
services to physically
disabled students
entering college

1979 - the U.S
Olympic Committee
organizes its
Handicapped in
Instruments for Protection and
Promotion
International legal instruments take
the form of a treaty (also called
agreement, convention, or protocol)
that binds the contracting states to
the negotiated terms. When
negotiations are completed, the text
of a treaty is established as authentic
and definitive and is "signed" by the
representatives of states. A state can
agree to be bound to a treaty in
various ways. The most common are
ratification or accession. A new
treaty is ratified by those states that
have negotiated the instrument. A
state that has not participated in the
negotiations may, at a later stage,
accede to the treaty. The treaty
enters into force, or becomes valid,
when a pre-determined number of
states have ratified or acceded to the
treaty.
When a state ratifies or accedes to a
treaty, that state may make
reservations to one or more articles
of the treaty, unless reservations are
prohibited by the treaty.
Reservations may normally be
withdrawn at any time. In some
countries, international treaties take
precedence over national law; in
others a specific law may be required
to give a ratified international treaty
the force of a national law.
Practically all states that have ratified
Sports Committee

1981 - UN General
Assembly proclaims
1981 International
Year of Disabled
Persons

1982 - UN General
Assembly adopts the
World Programme of
Action concerning
Disabled Persons

1983 - ILO Convention
(159) on Vocational
Rehabilitation and
Employment
(Disabled Persons)

1983-1992 - Decade
for Disabled Persons

1992 - UN General
Assembly proclaims
that 3 December
every year be
observed as the
International Day of
Disabled Persons

1993 - UN General
Assembly adopts the
UN Standard Rules on
the Equalization of
Opportunities for
Persons with
Disabilities

1993-2002 - Asian and
Pacific Decade of
Disabled Persons

or acceded to an international treaty
must issue decrees, change existing
laws, or introduce new legislation in
order for the treaty to be fully
effective on the national territory.
The binding treaties can be used to
force governments to respect the
treaty provisions that are relevant
for the human rights of persons with
disabilities. The non-binding
instruments, such as declarations and
resolutions, can be used in relevant
situations to embarrass governments
by negative public exposure;
governments who care about their
international image may
consequently adapt their policies.
The following international
instruments protect the rights of
persons with disabilities. They mainly
focus on protecting disabled persons
from discrimination and creating
equal opportunities for them to
participate in society:

UNITED NATIONS
Universal Declaration of Human
Rights (1948) (article 3, 21, 23, 25)
The Universal Declaration of Human
Rights (UDHR) was adopted by the
General Assembly of the United
Nations in 1948 and provides human
rights standards accepted by all
1994 - First Special
Rapporteur on
Disability, Bengt
Lindqvist appointed

2000-2009 - African
Decade of Disabled
Persons

2003 - European Year
of People with
Disabilities

2003-2012 - Arab
Decade of Disabled
Persons

2007 - UN General
Assembly adopts the
Convention on the
Rights of Persons with
Disabilities




This guide was developed by Anna
Langenbach.

Copyright Human Rights Education
Associates (HREA), 2003. All rights reserved.



member states. The UDHR
represents the normative basis that
led to formulating the standards
concerning persons with disabilities
that exist today. In Article 25 (1) the
UDHR specifically mentions the
socio-economic rights of people with
disabilities: the right to an adequate
standard of living, including food,
clothing, housing and medical care
and social services, and the right to
security in the event of
unemployment, sickness, disability,
widowhood, old age. Article 7
guarantees equality before the law
and equal protection by the law for
all people, including against
discrimination.
International Covenant on Civil and
Political Rights (1966) (article 26)
This treaty lists several rights that are
relevant to disability. Article 26
states that all people are equal
before the law and have the right to
equal protection of the law.
International Covenant on Economic,
Social and Cultural Rights (1966)
(article 2)
The Covenant does not explicit refer
to disability. However, disability can
be included under "other status" in
article 2 (2), which calls for non-
discrimination on any grounds such
as race and color, and "other status".
To more fully elaborate on the
strategies for implementation of the
rights set forth in the International
Covenant on Economic Social and
Cultural Rights, the Committee on
Economic Social and Cultural Rights --
the monitoring body of the Covenant
-- issued:
General Comment 5 (1994)
This General Comment by the
Committee on Economic, Social and
Cultural Rights formulates
obligations of states to eliminate
discrimination of persons with
disabilities in the areas of equal
rights for men and women ("double
discrimination") (article 3 of the
ICESCR), work (ICESCR articles 6-8),
social security (article 9), protection
of the family (article 10), adequate
standard of living (article 11), right to
physical and mental health (article
12), right to education (articles 13
and 14) and the right to take part in
cultural life and enjoy the benefits of
scientific progress (article 15).
Declaration on the Rights of Mentally
Retarded Persons (1971)
This declaration was proclaimed by
the UN General Assembly and states
that: "The mentally retarded person
has, to the maximum degree of
feasibility, the same rights as other
human beings."
Declaration on the Rights of Disabled
Persons (1975)
This declaration adopted by the UN
General Assembly is the first
international document that tried to
define the term "disability." The
Declaration includes a number of
social and economic rights as well as
civil and political rights.
Declaration on the Rights of Deaf-
Blind Persons (1979)
Article 1 of the Declaration states
that "every deaf-blind person is
entitled to enjoy the universal rights
that are guaranteed to all people by
the Universal Declaration of Human
Rights and the rights provided for all
disabled persons by the Declaration
of the Rights of Disabled Persons."
Convention on the Elimination of
Discrimination Against Women
(1979) (article 3)
The Convention on the Elimination of
Discrimination Against Women,
usually abbreviated as CEDAW, does
not include any specific article on
disability rights, but aims to protect
the rights of all women, whether
disabled or not. Disabled women
face double discrimination based on
their gender and secondly, on their
disability. In General
Recommendation 18 the Committee
on the Elimination of Discrimination
Against Women, the monitoring
body of the CEDAW convention,
stresses that disabled women suffer
from double discrimination and are a
particularly vulnerable group. It
recommends that governments
provide information on disabled
women in their period reports and
on special measures that
governments have taken to ensure
that women with disabilities "have
equal access to education and
employment, health services and
social security, and to ensure that
they can participate in all areas of
social and cultural life."
A major outcome of the International
Year of Disabled Persons (1981) was
the formulation of the World
Programme of Action Concerning
Disabled Persons (WPA) (1982). The
WPA is a global strategy to enhance
disability prevention, rehabilitation
and equalization of opportunities,
which pertains to full participation of
persons with disabilities in social life
and national development. The WPA
also emphasizes the need to
approach disability from a human
rights perspective.
Convention (No. 159) concerning
Vocational Rehabilitation and
Employment (Disabled Persons)
(1983)
This treaty of the International
Labour Organization (ILO), a UN
specialized agency, obligates states
to "formulate, implement and
periodically review a national policy
on vocational rehabilitation and
employment of disabled persons"
(article 2). This treaty also
emphasizes the principle of equal
opportunity: "positive measures
aimed at effective equality of
opportunity and treatment between
disabled workers and other workers
shall not be regarded as
discriminating against other workers"
(article 4).
Convention on the Rights of the Child
(1989) (article 2, 6, 12, 23, 28)
This treaty lists disability as one of
the grounds discrimination is
prohibited on (article 2). In addition,
article 23 directly addresses the
rights of children with disabilities
stating that disabled children are
entitled to a "full and decent life" of
dignity and participation in the
community.
Principles for the Protection of
Persons with Mental Illnesses and
the Improvement of Mental Health
Care (1991)
This document adopted by the UN
General Assembly sets detailed
standards for the protection of
persons with mental disabilities. It
emphasizes that all persons have the
right to the best available mental
health care and that persons with a
mental illness shall be treated with
humanity and respect for the
inherent dignity of the human
person. Individuals with mental
disabilities also have the right to
protection from economic, sexual
and other forms of exploitation,
physical or other abuse and
degrading treatment. The Principles
stipulate that there shall be no
discrimination on the grounds of
mental illness and that persons with
a mental illness shall have the right
to exercise all civil, political. In case a
person lacks legal capacity due to his
or her mental illness any decisions
related to the well-being of this
person shall be made only after a fair
hearing by an independent and
impartial tribunal established by
domestic law.
Standard Rules on the Equalization of
Opportunities for Persons with
Disabilities (1993)
Adopted by the General Assembly in
1993 in the aftermath of the Decade
of Disabled Persons, the Standard
Rules do not constitute a legally
binding document for member
states. However the Standard Rules
are the most comprehensive set of
human rights standards regarding
disability police to date and
represent "a strong moral and
political commitment of
Governments to take action to attain
equalization of opportunities for
persons with disabilities." The
document addresses preconditions
for equal participation, target areas
of equal participation,
implementation measures and
monitoring mechanisms.
Implementation of the Standard
Rules on the Equalization of
Opportunities for Persons with
Disabilities are monitored by the UN
Special Rapporteur on Disability. The
first Special Rapporteur, Bengt
Lindqvist (Sweden), was appointed in
1994, and his mandate was renewed
twice, in 1997 and 2000. In 2003,
Sheikha Hessa Khalifa bin al-Thani
(Qatar) was appointed as the Special
Rapporteur.
Beijing Declaration on the Rights of
People with Disabilities (2000)
This declaration was adopted at the
World NGO Summit on Disability and
calls for a higher standard of living,
equal participation and the
elimination of discriminatory
attitudes and practices.
Convention on the Rights of Persons
with Disabilities (2007)
This treaty was recently adopted and
enters into force in May 2008.

[Back to Top]

AFRICAN UNION (FORMERLY
ORGANIZATION OF AFRICAN UNITY,
OAU)
African Charter on Human and
Peoples' Rights (1981) (article 18)
The Charter contains article 18 (4)
which states that disabled persons
have the right to special measures of
protection and article 16 (1) provides
that every individual shall have the
right to enjoy the best attainable
state of physical and mental health.

COUNCIL OF EUROPE
The Council of Europe is a regional
intergovernmental organization
consisting of 45 countries. It aims to
defend human rights, parliamentary
democracy and the rule of law. All
members of the European Union also
belong to the Council of Europe. The
Council of Europe has not adopted
any specific human rights treaty on
persons with disabilities, but created
two important treaties that include
the protection of disabilities rights:
European Convention on the
Protection of Human Rights and
Fundamental Freedoms (1950)
(article 5)
Article 5 of the Convention states
that the right to liberty and security
can be infringed upon on grounds of
mental disability: "No one shall be
deprived of his liberty save in the
following cases and in accordance
with a procedure prescribed by law:
[...] the lawful detention of persons
for the prevention of the spreading
of infectious diseases, of persons of
unsound mind, alcoholics or drug
addicts or vagrants."
European Social Charter (1961)
(article 15)
The Charter works as the counterpart
to the Convention addressing social
and economic rights, such as the
right to work, or the right to social
security. The Charter was the first
human rights treaty to explicitly
mention disability.
In addition the Parliamentary
Assembly of the Council of Europe
has adopted several
recommendations about policies
regarding persons with disabilities:
Recommendation (818) on the
Situation of the Mentally Ill (1977)
This document outlines
recommendations regarding the
protection of mentally ill persons in
court, and the legislation rules on the
confinement of mentally ill persons.
Recommendation (1185) on
Rehabilitation Policies for the
Disabled (1992)
This recommendation urges member
states to ensure active participation
in society and equal opportunities for
disabled persons.
Recommendation No. R(92)6 on a
Coherent Policy for the
Rehabilitation of People with
Disabilities (1992)
This instrument recognizes the rights
of disabled persons to be different
and focuses on the right to
independent living and full
integration into society.

EUROPEAN UNION
The European Parliament has
adopted several resolutions referring
specifically to the protection of
disability rights. The Resolution on
the human rights of disabled people
(1995) urges the European
Commission, the executive branch of
the European Union, to take steps to
ensure equal opportunities for
disabled persons. The Resolution on
threats to the right to life of disabled
persons (1996) seeks to protect the
right to life and states that the
European Parliament is "opposed to
the practice of the active killing by
doctors of patients in a persistent
vegetative state and disabled new-
born children." Finally, the
Resolution on the Commission's
communication on equality of
opportunity for people with
disabilities (1997) recognizes that
"there are 37 million disabled people
in the European Union who do not
enjoy full civil and human rights" and
reminds member states of their
responsibility to implement disability
protection laws on the national level.
In December 2000, the Council of
Ministers of the European Union
adopted a (binding) general
Framework Directive on equal
treatment in employment prohibiting
direct and indirect discrimination on
the grounds of religion or belief, age,
disability or sexual orientation. The
Framework Directive is binding upon
the current member states, while
candidate member states are
required to have completed national
implementation of the Directive
before joining the EU.


ORGANIZATION OF AMERICAN
STATES (OAS)
American Convention on Human
Rights (1969) (article 24)
The Convention does not explicitly
address the subject of disability, but
contains the classical human rights
guarantees. For example, Article 24
states the right to equal protection.
Additional Protocol to the American
Convention on Human Rights in the
area of Economic, Social, and
Cultural Rights (Protocol of San
Salvador) (1988) (article 18)
This treaty specifically that persons
with disabilities are entitled to
receive special attention in order to
achieve the greatest possible
development of his or her
personality. It also obliges
governments to implement special
measures to facilitate the full
integration of persons with
disabilities.
Inter-American Convention on the
Elimination of All Forms of
Discrimination Against Persons With
Disabilities (1999)
This Convention aims to prevent and
eliminate all forms of discrimination
against disabled persons and to
promote their full integration into
society.


[Back to Top]


National Protection and Service
Agencies
Several countries such as the
Australia, India, the United Kingdom
and the USA have passed and
implemented national anti-
discrimination laws, guaranteeing full
participation in society by persons
with disabilities.
In Australia, the Disability
Discrimination Act was passed in
1992. The objectives of the Act are
"to eliminate, as far as possible,
discrimination against persons on the
ground of disability in the areas of:
work, accommodation, education,
access to premises, clubs and sport;
and the provision of goods, facilities,
services and land; and existing laws;
and the administration of
Commonwealth laws and programs;
and to ensure, as far as practicable,
that persons with disabilities have
the same rights to equality before
the law as the rest of the community;
and to promote recognition and
acceptance within the community of
the principle that persons with
disabilities have the same
fundamental rights as the rest of the
community."
In India, two national instruments
were passed, the Rehabilitation
Council of India Bill and the Persons
with Disabilities (Equal Opportunities,
Protection of Rights and Full
Participation) Act.
In the United Kingdom, the Disability
Discrimination Act of 1995 aims to
end the discrimination which many
persons with disabilities face. The Act
enumerates rights in the areas of
employment, access to goods,
facilities and services and buying or
renting land or property.
In the United States, civil rights law
regarding persons with disabilities is
based on a number of laws among
which the Americans with Disabilities
Act (ADA) is the most important one.
The ADA prohibits discrimination on
the basis of disability in employment,
state and local government, public
accommodations, commercial
facilities, transportation, and
telecommunications. Examples of
further national legislation are the
Civil Rights of Institutionalized
Persons Act, the Individuals with
Disabilities Education Act and the
Rehabilitation Act.


[Back to Top]

Advocacy, Educational and Training
Materials
For advocates
Guide to Disability Rights (and
dealing with the system)
This guide provides practical
information on employment, free
medication, social security benefits,
special education, and tax benefits.
Training Materials for Lawyers and
NGOs on the European Convention
on Human Rights and the rights of
people with mental health problems
and/or developmental disabilities
(Mental Disability Advocacy Center,
Budapest, 2002).
This training manual was written for
lawyers and NGOs attending training
seminars organised by the Mental
Disability Advocacy Center (MDAC)
and partner NGOs during 2002. The
materials are intended to provide
insight into the European Convention
on Human Rights and mental
disability in Central and Eastern
Europe. The goal of this manual is to
provide an initial look into the
human and civil rights of people with
mental health and/or developmental
disabilities in this region.
Subsequently definitions of mental
health problems and developmental
disabilities are given here along with
relevant articles of the European
Convention on Human Rights and
case law of the European Court of
Human Rights and the Council of
Europe Committee for the
Prevention of Torture.
For teachers
Ten messages about children with
disabilities (UNICEF)
Practical tips for to help children with
disabilities learn in a safe and
equitable environment.
The Disabled: "Making Our Own
Charter" (by Richard Pierre Claude in:
Popular Education for Human Rights:
24 Participatory Exercises for
Facilitators and Teachers, HREA,
2000)
This is a highly participatory and can
be adapted to diverse settings and
cultures. At the conclusion of this
exercise participants should be able
to identify some of the special needs
of persons with disabilities; justify
identifying the needs and rights of
the disabled in the form of a brief
Preamble to a Charter for the
Disabled; identify a series of human
rights of the disabled that specifically
reflect their needs and are not
inconsistent with existing broader
international and national rights
standards; and adopt a plan of action
to ensure that disable people learn
about their human rights.

[Back to Top]

Other Resources
Disabled Persons and Human Rights
European Year of People with
Disabilities (2003)
International Day of Disabled Persons
Organisations advocating for and
educating about the rights of persons
with disabilities








Right to Education (RTE) bill - India : A last minute appeal to Members of
Parliament, media and friends for the deferment of the enactment of the Right
to Education Bill!
The Right to Education (RTE) bill will be discussed and possibly passed in the Lok
Sabha on Monday (Aug 3rd, 2009). The Bill in the present form suffers from major
anomalies which must be given due consideration, before its enactment.
A last minute appeal to Members ofParliament, media andfriends
forthedeferment ofthe enactment of the Right to Education Bill!
It is time to Act! A last minute appeal to Members of Parliament, media and
friends for the deferment of the enactment of the Right to Education Bill!
But WHY??
1. The Bill perpetuates a discriminatory and non-inclusive system in which the
quality of education is dependent on the social classes to which the school
caters.
2. The RTE Bill does little to set quality standards.
3. The Bill excludes children below six years of age from its provisions.
4. Children with disabilities: The Bill says children with severe or profound
disability, (who) cannot be provided elementary education in a
neighbourhood school, shall have the right to be provided education in an
appropriate alternative environment as may be prescribed. This is against
the principle of inclusion and does not put the onus on the education
system to meet individual needs of children. Whereas, the Bill has detailed
the norms required of a school (teacher-pupil ratio, buildings etc), it is
silent on the facilities needed to enable children with disabilities to attend
school (such as ramps, Braille readers, etc).
5. In this Bill, disability has the meaning assigned by the Persons with
Disabilities Act, 1995, which does not include such other disabilities as
defined by the National Trust Act, 1999 (autism and cerebral palsy).
6. Child Labour: Though the Bill prohibits any person from preventing a child
from participating in elementary education, it does not adequately address
the issue of child labour.
Disability Rights groups in New Delhi, Kolkata and in other places are organizing
public rallies on 3rd Aug 2009 to highlight the flaws and lacunae in the RTE bill.
The following are some recent articles that provide a detailed analysis of the
anomalies with the Right to Education Bill.
The wrongs in the Right to Education Bill
(The writer is director, policy & technical support, Save the Children, India)
The ministers promise to also enact the Right of Children to Free and Compulsory
Education Bill, which seeks to make education a fundamental right of every child
in the age group of six to 14 years, however, needs deep consideration. In its
present avatar the Bill suffers from major anomalies which must be given due
consideration, before its enactment.
http://timesofindia.indiatimes.com/The-wrongs-in-the-Right-to-Education-
Bill/articleshow/4742600.cms
Educationists express concern over Right to Education Bill
The Right to Education Bill, passed this week by the Rajya Sabha, stops short of
providing a common schooling system and discriminates between students in
government schools and private unaided schools, say educationists
http://infochangeindia.org/200907247841/Education/News/Educationists-
express-concern-over-Right-to-Education-Bill.html
Latha Jishnu: The right to cut-rate education
Latha Jishnu / New Delhi August 1, 2009, 0:58 IST
The right is limited to some children for some kind of schooling with no guarantee
of universal access or quality education for all.
http://www.business-standard.com/india/news/latha-jishnuright-to-cut-rate-
education/365546/
Will education Bill guarantee equality?
Bill does not focus on learning outcomes
The Right to Education (RTE) Bill is schizophrenic in addressing the issue of
equality. The reservation of 25% seats for weaker sections in all private schools
improves equity of access and offers a choice of school to poor parents. It is
basically a voucher scheme where the government would pay for the educational
expenses of 25% students in private schools. On the other hand, the
infrastructure requirements including a playground would make all budget private
schools illegal.
http://economictimes.indiatimes.com/Opinion/ET-Debate/Will-education-Bill-
guarantee-equality/articleshow/4813495.cms?curpg=1
Physically-disabled demanded provision in education bill
NEW DELHI - Hundreds of physically-disabled people staged a demonstration
here, demanding provision for the differently abled in the new education bill.
Right to Education bill was presented in the Lok Sabha on Thursday (July 30).
Activists of the Disabled Rights Group, the NGO which mobilized the march, said
the attitude of the Human Resource Development and Education Minister Kapil
Sibal was indifferent.
http://blog.taragana.com/n/physically-disabled-demanded-provision-in-
education-bill-127490/
Rights groups cry foul over education Bill
KOLKATA: The Right to Education Bill tabled in Parliament could deny 400 million
children in India the right to study, NGOs and social rights groupshave pointed
out. By encouraging private investment in education, the Bill threatens to rob the
poorer sections of the chance to go to school, it has been claimed.
http://timesofindia.indiatimes.com/NEWS/City/Kolkata-/Rights-groups-cry-foul-
over-education-Bill/articleshow/4832107.cms
Amend education Bill
The right to education is meaningless if it merely means the right of children to
join a government school where little teaching takes place, and emerge
functionally illiterate. Unfortunately the Right to Education Bill just passed by the
Rajya Sabha focuses only on access to government schools, not the outcome after
such access.
http://economictimes.indiatimes.com/Opinion/Amend-education-
Bill/articleshow/4823429.cms
All about the Right to Education Bill
The CABE (Central Advisory Board of Education) committee drafted the 'Right to
Education' Bill and submitted to the Ministry of HRD.
http://www.ilpnet.org/rte/
Students body protests against flawed Right to Education Bill
Days after the Right to Education (RTE) Bill was passed by the Rajya Sabha, the All
India Students Association (AISA) held a protest today. Many students and
teachers from Delhi University, Jawaharlal Nehru University and Jamia Millia
Islamia took part.
Anil Sadgopal, noted educationist, said: The Bill proposes 25 per cent seat
reservation for poor students in private schools. This quota will be filled by
providing vouchers to such students, but these vouchers will only amount to the
fees paid for admission in a government school.
http://www.indianexpress.com/news/students-body-protests-against-flawed-
right-to-education-bill/492815/
Source : C. Mahesh, Advocacy Coordinator CBR Forum
Education and Disability



The Flagship on Education for All and the Right to education for Persons with
Disabilities: Towards Inclusion

Read the brochure

The right to education is universal and must extend to all children, youth, and
adults with disabilities. This right is enshrined in the Convention on the Rights of
the Child (1989) and addressed in several significant, internationally approved
declarations, including the World Declaration for Education for All (1990), the
Standard Rules on the Equalization of Opportunities for Persons with Disability
(1993), the UNESCO Salamanca Statement and Framework for Action (1994), and
the Dakar Framework for Action (2000).
The goal of the Dakar Framework for Action is to achieve "education for all" by
2015. The goal of Dakar will only be achieved when all nations recognize that the
universal right to education extends to individuals with disabilities, and when all
nations act upon their obligation to establish or reform public education systems
that are accessible to, and meet the needs of, individuals with disabilities.
This obligation on the state extends to the governments of developing and
industrialized nations, and must engage all government bodies charged with
setting and carrying out public education and international development
assistance programs and priorities.
This Flagship on Education for All and the Right to education for Persons with
Disabilities: Towards Inclusion, has been established to act as a catalyst to ensure
that the right to education, and the goals of the Dakar Framework, are realized for
individuals with disabilities.
This Flagship has been formed by an alliance of diverse organizations, including
global disability organizations, international development agencies,
intergovernmental agencies, and experts in the fields of special and inclusive
education from developed and developing nations. The Flagship welcomes as
members all those who share its goals.
The Flagship is only one venue, and is comprised of just a small number of entities
and individuals working to achieve the goals of Education for All. To be successful,
this Flagship must engage the efforts and resources of other EFA actors, including
donor and lender organizations and government ministries. This Flagship must
also work in partnership with others involved in the EFA effort, including those
whose primary focus is on such issues as quality teacher preparation and training,
early child development, gender equity, education in rural areas, education
monitoring tools, and other areas critical to the availability of quality and
equitable education for all.
In all of its work, this Flagship will stress that mainstream government and non-
government entities need to work directly and in partnership with local, national,
regional, and global organizations that are comprised of and represent individuals
with disabilities and their families. These "disability" organizations represent
diverse groups with diverse educational needs. Their representatives must be
engaged in the development of national plans of action; and they must be
consulted to ensure that educational facilities, curricula and materials are
appropriate, and include necessary accommodations.
Our challenge is significant. According to best estimates of international agencies,
we know the following:
- 98% children with disabilities in developing countries do NOT attend schools'
- 500,000 children every year lose some part of their vision due to vitamin A
deficiency.
- 41 million babies are born each year at risk of mental impairment due to
insufficient iodine in their mothers' diets.
- For every child killed in armed conflict, three are injured and permanently
disabled. 40% out of 26,000 persons killed and injured by landmines every year
are children. Over 10 million children are psychologically traumatised by armed
conflicts.
- Child labour and maltreatment such as corporal punishment, amputation,
blinding of detainees, are responsible for children becoming disabled, and can
lead to mental illness, physical and psychological disabilities, difficulties in schools
or at work, etc. (UNICEF, 2002)
We also know that the vast majority of individuals with hearing or visual
impairments in developing nations lack basic literacy; that individuals with
intellectual and psychiatric disabilities are treated with often cruel neglect; and
that there is a strong link between disability and poverty. We also know that all
individuals with disabilities, given the opportunity, can lead meaningful,
productive lives, and contribute to the social and economic well being of their
family and community.
Education and life-long learning opportunities can and must erase these gaps in
economic and social development that effectively marginalize individuals with
disabilities.
Resources must be mobilized to create effective educational opportunities that
foster inclusive communities and social justice. The absence of resources and
effective initiatives cannot be seen as consequences of lack of money, but as a
lack of will.
The Flagship on Education for All and the Right to Education for Persons with
Disabilities: Towards Inclusion, represents a joint effort among UN organisations,
NGOs and donor countries acting together as a catalyst in the process of achieving
Education for All. The Flagship seeks to unite all partners in its effort to reach out
to children, young people and adults with disabilities, and to promote solutions
that can translate universal rights into inclusive realities.
THE FLAGSHIP GOAL

Recognizing the universal right to education, the Flagship seeks to unite all EFA
partners in their efforts to provide access to and promoting completion of quality
education for every child, youth, and adult with a disability.
Strategic Objectives:

- to combat discrimination and remove structural barriers to learning and
participation in education
- to promote a broad concept of education, including essential life skills and life-
long learning
- to contribute to a focus on the needs of persons with disabilities when resources
and activities address the realisation of EFA goals
FLAGSHIP ACTIONS AND ACTIVITIES

In order to reach this goal, the Flagship will:
- Have the full participation of persons with disabilities and families in the design
of all Flagship activities.
- Promote the full participation of persons with disabilities and families in the
development of policies and practices related to the education of persons with
disabilities at local,national, regional, and global levels.
- Seek to ensure that all governmental entities, donors, and NGO's endorse the
universal right of education for all children, youth, and adults with a disability.
- Act as a catalyst to fully incorporate the Flagship Goal into national plans of
action and regional policies.
- Work in partnership with all other EFA Flagships to fully endorse and incorporate
the right of educating every person with a disability into their efforts.
- Mobilize resources in support of the Flagship Goal through obtaining
commitment of new resources from national and international entities and
leveraging existing EFA resources.
- Seek to ensure that the EFA Monitoring Process includes specific quantitative
and qualitative statistics and indicators related to persons with disabilities and
documentation of resources allocated to the implementation of EFA for these
individuals.
- Identify and disseminate effective practices and stimulate research and studies
related to the Flagship Goal to include such areas as:
- Quality teacher education
- School organization including adequate and accessible facilities
- Curriculum and pedagogy
- Assistive devices and appropriate materials.
- Promote the right of every child and youth with a disability to express his/her
view pertaining to his/her education and life skills as defined by Article 23.1 of the
Convention on the Rights of the Child.
UNESCO is the lead agency for the Flagship. The Flagship can be contacted
through its Secretariat, housed jointly as follows:
Kenneth Eklindh
Unesco
ED/BAS/CEE
7, place de Fontenoy
753 52 Paris 07
France
Tel: + 33 (0)1 45 68 09 74
Email: k.eklindh@unesco.org

Siri Wormnaes
University of Oslo
P.O. Box 1140 Blindern
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UNESCO Website in Inclusive Education
Disabled children too will get right to free education: Kapil Sibal
Published: Wednesday, May 9, 2012, 17:12 IST
Place: New Delhi | Agency: PTI
The government on Wednesday said that children with all kinds of disability will
be provided free and compulsory education, either in school or at home, under
the Right to Education Act.
"Children with all kinds of disability will be protected under the Act," HRD
Minister Kapil Sibal said, moving amendments to the Right of Children to Free and
Compulsory Education Act, 2009 in the Lok Sabha.
The amendment bill, which was earlier approved by the Rajya Sabha, seeks to
widen the beneficiary net for disabled children under the Act and provide those
with severe disability the option of receiving education at home.
Sibal said that under the Act children suffering from all kinds of disabilities
including autism, cerebral palsy and mental retardation would be provided free
and compulsory education.
He said diseases like dyslexia which are not specifically mentioned in the Bill
would be covered once the changes, which are being considered by the
government, are made in the legislations dealing with disabilities.
On the demand of minorities for making explicit reference to provisions of Articles
29 and 30 dealing with rights of minorities, Sibal said it was not needed as
Constitution is supreme and everything flows from it.
He said the Supreme Court in a recent judgement has made it clear that the Right
to Education Act would not apply to unaided minority institutions. It would also
not apply to Vedic Pathshalas and Muslim Madarsas.
Kirit Solanki (BJP), however, demanded that all religious educational institutions
should be brought within the ambit of the Right to Education Act.
ation, Iplementation, and Issuesd
create@sussex.ac.uk Introduction.............................................................................
...........................................1Literature
Review...............................................................................................................2is
disability?..................................................................................................2is
disability a development issue?..................................................................3nd
children with disabilities..........................................................................3is inclusive
education?...................................................................................4Merging
agendas?...................................................................................................5The
Context.......................................................................................................................
.7Size and
diversity....................................................................................................7y and
Culture perceptions of disability......................................................8l
understandings of Inclusive Education in India.................................10entation,
Issues and Constraints...........................................................................12IE
Programmes......................................................................................................12Go
vernment Programmes.........................................................................12NGO
Programmes....................................................................................14Education
Policy...................................................................................................17Private
schools..........................................................................................16inistrative
Structure...........................................................................17Education
Policy......................................................................18Teacher
Education....................................................................................20Implications........
..............................................................................................................23Resources.
.................................................................................................21Policy
Implementation..........................................................................................23School
Quality.......................................................................................................24Attitudi
nal
Change................................................................................................25Research.....
...........................................................................................................26Conclusion...
.....................................................................................................................28s.........
...................................................................................................................29for
Research on Educational Access, Transitions, andfor International DevelopmentPrimary
Education ProgrammePeoples Organisationfor allEducationEducation for Disabled Childrenof
Human Resource Developmentof Social Justice and EmpowermentAssociation for the
BlindCouncil of Educational Research and TrainingOrganisationInstitute of Educational
Planning and AdministrationBlackboardBackward Castes/Communitywith Disabilities
Acton Integrated Education of the DisabledCouncil of IndiaCasteInternational Development
Associationfor the Integrated Development of the HimalayasShiksha AbhiyanTribeNations
Educational, Scientific and Cultural OrganisationNations Childrens Fundon children with
disabilities. It may prove useful for anyone wishing tothe stakeholders involved. This is
followed by discussion of theand the potential for research. Due to word-length and data
limitations,to benefit all children. This could contribute inis disability?depending on both the
nature of impairment and cultural context. Theuseful to outline models and definitions
of handicaps. It is impairment-focused, isolating the experience of disabilitysuch as societal
attitudes. In the UK, the medical model isdevelopment agencies. This model can be seen,
however, asIndia today, the Ministry of Social Justice and Empowerment,mental (GOI, 2005).
These broad categorisations cannot demonstrate the extentwhat disability means in India.
This is further exploredseen as the handicap, rather than the physical impairment. Hencemore
human rights, as well as contextual, dimension. While the social model isunity. This definition
both combines health and social implications, andargued that in order to be applicable to allon
its existence and prevalence. Hence, although variation is implied in the
Inclusive Education in India: Interpretation, Implementation and Issues
3broadness of the definition, it is important to be aware of the extent to which
culturalcontext can influence not only data collection and provision, but also how a person
withdisabilities experiences both their impairment and handicapping environment.
AlthoughDFIDs (2000) definition may not be applicable for quantitative data collection or
context-specific qualitative analysis, it captures the medical, social, rights and equality
dimensionswhich are suited to the understanding of disability as a complex process within
this paper.
2.2 Why is disability a development issue?
The World Health Organisation (WHO) estimates that 10% of any population are
disabled(Thomas, 2005a). In addition, approximately 85% of the worlds children with
disabilitiesunder 15 live in developing countries (Helander, 1993, cited in Robson & Evans, no
date).It is further thought that with disability, or impairment, being both a cause and
consequenceof poverty, the Millennium Development Goals cannot be achieved without a
specificdisability focus (DFID, 2000). People with disabilities have health, nutritional,
educationaland gender needs too, yet the goals related to these issues currently ignore the
often uniqueneeds of people with disabilities within these goals. The WHO estimates that up
to 50% of disabilities are preventable, with 70% of blindness and 50% of hearing impairment
inchildren in developing countries being preventable or treatable (DFID, 2000). Althoughthis
can be seen as more of a health issue than a disability politics one, its link to
healthcare,malnutrition and poverty makes disability a development issue.DFID (2000)
highlights how disability can exacerbate poverty because it can lead toisolation and economic
strain for the whole family. Disabled children are more likely to dieyoung, or be neglected,
malnourished and poor, while the denial of education can lead to alack of employment
opportunities and so poverty (ibid). Similarly, poverty can lead tomalnutrition, dangerous
working and living conditions (including road accidents) badhealth and maternity care, poor
sanitation, and vulnerability to natural disasters all of which can result in disability. This
vicious cycle of poverty and disability is succinctlydemonstrated in the DFID framework in
Appendix A. Seen in this light, it is hard to deny astrong link between poverty and disability,
although it is important to be aware of othercontributing factors such as lack of, or badly
implemented, social policies that may lead tothese conditions in the first place.There is a
growing consensus that people with disabilities should be included indevelopment
programmes, as the exclusion to date of this marginalised group will probablyresult in the
non-achievement of the UN Millennium Commissions broadly inclusiveglobal development
agenda. However, if a person with a disability is dehumanised bycultural belief or stigma, as
they are in India (Alur, 2002), then they can be invisibilisedand not considered worthy of
rights. Disability is clearly a development issue that weignore at a price, including that of
human rights.
2.3 EFA and children with disabilities
There are as many as 1 in 10 children with special needs in education in the world (DFID,2001;
Watkins, 2000). However, it is worth noting that children with special educationalneeds (e.g.
dyslexia) will outnumber those with visible impairments (Jonsson & Wiman,

Inclusive Education in India: Interpretation, Implementation and Issues
42001), again raising the issue of multiple understandings and definitions of what
exactlydisability is. Despite the accuracy issues surrounding the sporadic and varied collection
of data on disability, the fact that estimated enrolment rates of children with disabilities
varybetween less than 1% to 3% (Jonsson & Wiman, 2001) is hard to ignore. Deon
Filmer(2005), while questioning the validity of sample sizes and survey methods used in
hissurvey of 11 countries, found that although disability may not always be directly linked
topoverty, disability among youth is systematically and significantly related to
lowerschool participation (Filmer, 2005: 1).Not only is lack of access to schooling a violation of
Article 28 of the UN Convention onthe Rights of the Child, which states the right of all children
to free primary education(UNICEF, no date), but this lack also potentially maintains the cycle of
poverty, as withouteducation an educationally excluded adult may not be able to work to
earn a living, orparticipate in political processes (Tomasevski, 2003). Despite this, there is no
indicator inthe Education For All (EFA) Global Monitoring Reports for enrolment, drop-out,
orattainment of disabled children. In fact, there is no disability indicator at all, which
ispotentially excluding millions of children from a high-profile global campaign in whichthey
were vaguely included in the category of children in difficult circumstances in EFAgoal two at
the Dakar Conference (World Education Forum, 2000), where the drive forEducation For All
was finally agreed by 92 countries. Hence, although EFA is about allchildren, it appears that
children with disabilities do not count in the final analysis.
2.4 What is inclusive education?
Until recently, most conceptual literature on inclusive education was Northern (Europeanand
North American) in origin, taking a whole-school approach to institutional change(Peters,
2004), and influenced by the social model of disability. Children in special schoolswere seen as
geographically and socially segregated from their peers, and the initialmovement to
locationally integrate these students in mainstream schools (integration)shifted to one where
the whole school was encouraged to become more adaptable andinclusive in its day-to-day
educational practices for all students (inclusive education).Pedagogy in particular was
highlighted as the key to meeting all students educationalneeds by making the curriculum
flexible, and so more accessible. By recognising thatteaching methods which can make
curriculum accessible to children with disabilities canalso make learning accessible to all
students (Ainscow, 2005; Ainscow, 1991), a teacher orschool principal is well on the way to
improving the overall quality of their school. In thisway, inclusive education is not a disability-
only issue, but an educational quality issue(ibid).There is a growing, although not
comprehensive, literature in the south, which focusesmore on external factors with its
community approach (Peters, 2004). In developingcontexts with large numbers of out-of-
school children, inclusive education tends to be morebroadly concerned with school access
and education deprivations for marginalised groupssuch as girls, ethnic minorities, poor
families and disabled children in CREATE zones oneand two, who have never attended or
dropped out of school (Subrahmanian, 2003). Itseems that there is currently an expanding
discourse on inclusive education developingamongst some academics and teaching
professionals in India, many of whom, like MikeOliver (1996), see inclusive education as
exclusively concerned with children with

Inclusive Education in India: Interpretation, Implementation and Issues
5disabilities (Singal, 2005a). This discourse is attempting to shift perceptions of disabilityfrom
the medical model to the social model. However, there are many conceptualdifficulties with
the terms of integration and inclusion in India, which are often usedinterchangeably (ibid).
Further, varying definitions of disability and subjectiveinterpretations of what type of child a
teacher is willing to include in their classroom addto the confusion.Even if a previously
excluded child is given access to a mainstream classroom, whathappens within that space can
be anything but inclusive if the school quality is poor, theycannot access an inflexible
curriculum, or they are ignored or bullied by the teacher or theirpeers. These children would
be found in CREATE zone three. Tomasevski (2003: 15)highlights how education is widely
albeit wrongly perceived as inherently good.Getting all children to school is thus mistaken for
their right to education. It is worthnoting that the concept of inclusive education in the
mainstream as opposed to specialistsegregated provision is a matter of heated, inconclusive
debate in the north, and yet it isseemingly being transferred unquestioningly as the panacea
to the exclusion of childrenwith disabilities in the south.While in northern contexts, the
discourse around inclusive education is primarily concernedwith segregation as opposed to
inclusion in the mainstream, in the south the coverage of special schools is so limited that the
discourse is concerned with inclusion being potentiallythe most cost and time-efficient way of
improving access to educational institutions. It maybe that the promotion by the World Bank
and OECD of the cost-effectiveness of inclusionin the mainstream enabling both economic
and social benefits (Peters, 2004) may bear morerelevance for resource-constrained
governments and policy-makers than a child-rightsapproach.Although inclusive education
clearly has the potential to improve teaching and learningprocesses for
all
children as well as fulfilling their rights, for the purposes of this paper wewill be looking at
inclusive education mostly in terms of access for children withdisabilities in India due to their
invisibilisation.
2.5 Merging agendas?
Disability is not only closely related to poverty (DFID, 2000), but is also becoming
widelyrecognised as a cross-cutting development issue that bears relevance to all dimensions
of social exclusion (Thomas, 2005a). Although social exclusion is not necessarily theopposite of
inclusion (Kabeer, 2000), the extensive literature that is fast developing aroundprocesses of
social exclusion (Subrahmanian, 2003; Sen, 2000; de Haan, 1998) canpotentially assist in our
understanding of combinations of exclusionary dimensions.Factors such as gender, ethnicity,
disability, and poverty are rarely experienced exclusively,and as such are mutually reinforcing.
Processes such as inclusive education could meet theneeds of students affected by any of
these dimensions. Social exclusion frameworks gosome way towards understanding the
processes involved (Giffard-Lindsay, 2005) and theirintersecting nature. For example, women
with disabilities are two to three times morelikely to be victims of physical and sexual abuse
than those without, demonstrating howbeing a woman and disabled can lead to double
discrimination (DFID, 2000). In addition,more boys with disabilities go to school than girls with
disabilities (Bandhopadhyay &

Inclusive Education in India: Interpretation, Implementation and Issues
6Subrahmanian, 2006; DFID, 2000), and people with disabilities are usually the poorest of the
poor (DFID, 2000).Tomasevski (2003) points out that lack of education is often attributed to
poverty ratherthan policy, because exposing poor policy choices puts a spotlight on abuses of
power.Indeed, power hierarchies are a key determinant of social exclusion, although
poverty,policy, quality and relevance of education available, and stakeholder attitudes all
haveessential roles to play too in a familys decision, or ability, to send a child to school. Whileit
is important to see disability in the context of other dimensions of social exclusion,Filmer
(2005: 14) argues that Clearly the deficits associated with disability are largecompared to
other sources of inequality, such as gender, rural/urban disparities, andwealth. DFID (2000)
too points out that disability is different from other forms of disadvantage because people
with disabilities cannot organise or mobilise until theirpractical needs, such as mobility aids,
are met, and they cannot fight for their rights untilthey are more empowered.Difference
comes in many guises, and is often defined subjectively as well as culturally.Singal (2005a)
criticises the Indian governments tendency to group social factors in theway they deal with
them, resulting in the exclusion or invisibilisation of people who do notfit the required criteria.
For example, programmes aimed at girls or scheduled castes do notinclude people with
disabilities. With this in mind, lessons can be learned from DFIDstwin-track approach which
they successfully applied in order to mainstream gender in theirdevelopment initiatives, and
now propose for mainstreaming disability (DIFID, 2000: 11).The twin-track approach would
not only addresses inequalities in all programmes, but alsoinclude specific programs aimed at
the empowerment of people with disabilities. Thistwo-pronged attack method may well
raise the profile and awareness of disability issuesin a similar way to gender, demonstrating
how taking lessons learnt from other sectorsconcerned with people who have suffered the
excluding consequences of discrimination,could result in the merging of agendas and so
multiple benefits.

Inclusive Education in India: Interpretation, Implementation and Issues
7
3. The Context
3.1 Size and diversity
India has the second largest education system in the world, with 200 million children
agedbetween 6 and 14, around 25 million of whom are out of school (World Bank,
2004).However, bearing in mind that apparently only 35% of children are registered at
birth(UNICEF, 2004), others estimate between 35 to 80 million out-of-school children
(Singal,2005a).When considering understandings of, approaches to, and impacts of inclusive
education, theinevitable diversity and complexity in a context of this size must be taken into
account.Indias 1.3 billion people speak 18 different languages (GOI, 2002), and 844
dialects(Singal, 2005a), worship varied religions, have unique customs, differ in their exposure
todisease and access to types of nutrition which affect their health and socio-economic
status,and also communications which influence their access to government resources such
aseducation or healthcare.This diversity is further reflected in disparities of educational
achievement. For example,in Kerala the literacy rate recorded in the 2001 Census was 90.92%,
while in Bihar it was47.53% (GOI, 2002). As a result, the overall (average) literacy rate for India
was 65.38%which, while a representative figure is a national aggregate and so cannot reflect
thecomplexity of context (Govinda and Biswal, 2006). However, it is worth noting
thataccording to the PROBE team (1999) 40% of Indias population lives in the
educationallyworst performing states, suggesting that a significant proportion of Indians are
under-servedby their education systems. Added to this issue of averaging out statistics in such
a vastcountry is the fact that when census data was collected, there were some areas which
werecut off by disturbances or natural calamaties (GOI, 2002: 11) such as the
Kashmiriconflict, floods or landslides. This shows how despite best intentions, there may be
un-surveyed people whose issues are therefore invisible to policy-makers, and so they
perhapsdo not have access to government resources.Data on children with disabilities seems
to be as unreliable as other figures, perhaps due toFilmers (2005: 3) selective reporting of
obvious physical impairments, or children beinghidden by their families out of shame. A basic
disability statistic was recently included inthe 2001 Census for the first time, as a result of
campaigning by the Indian disabilitymovement (Thomas, 2005b). Despite there being no
disability indicators in the influentialEFA Global Monitoring Reports, the addition of this
disability statistic may indicate thepositive influence of the introduction of the inclusive
education concept. The censusfinding of a 2.2% disabled population, or 21,906,769
,
are challenged by NGOs in the fieldwho believe the figure to be closer to 6%, or 70 million
(Thomas, 2005a; Thomas, 2005b).As mentioned in Section 2.1, in India disability is measured
in five categories sight,speech, hearing, locomotor, and mental which excludes disabilities
such as autism. Inaddition, a person has to be medically certified as having 40% or more of
one of thesedisabilities in order to be counted (Thomas, 2005b) and so qualified to request
benefits.This seems to leave the ticking of census/survey boxes wide open to subjective
higher (Thomas, 2005b). Importantly, although perceptions of disability forhere a brief outline
of Indian societal perceptions(ibid). However, this anthropologically empathetic view does not
take intobe justified. However, Singal does point out that the dominance of thisnutrition, and
limited access to immunisation programmes. According toof children are not immunised
against polio. Cramped anddisabling conditions (Singal, 2005a: 7), which are prevalent
inNorth. Similarly, the pity shown towards disabled people, who may beestimated 100,000 of
perhaps 15
of 44
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Inclusive Education in India:Interpretation, Implementation, and Issues- Giffard-
Lindsay
Access to basic education lies at the heart of development. Lack of educational
access, and securely acquired
knowledge and skill, is both a part of the definition of poverty, ... (More)
Education - a Fundamental Right of a child
Comparative Study of the provisions of The Persons with Disability Act 1995 [PWD Act] and
The Constitution of India having a bearing on Education. The growth of any country is based
upon the education level of its citizens. In the era of Globalization where the world is becoming
very small and competition level is going high at that time to provide equal opportunity and full
participation to disabled the PWD Act was enacted in the year 1995. As the Socrates says,
Equal should be treated equally and unequal unequally. Based upon this philosophy the PWD
Act provides necessary privileges to the disabled. But the questions arise,
1. Whether these privileges are in tune with the Constitution of India?
2. Whether the Constitution of India should be amended or the PWD Act 1995?
The article focuses on the above mentioned aspect.
The Preamble of the Constitution of India declares the concept of justice, equality of status and
opportunity and the dignity of the individual. At the same time when we are talking about the
education provisions the Constitution of India consists of following provisions which
Having a bearing on education:
- Fundamental Rights [Part III]
- Directive Principles of State Policy [Part IV]
- Fundamental Duties [Part IV A]
- Rural (Panchayati Raj) & Urban (Municipal) Local Bodies [Part IX & Part IX A]
- Scheduled & Tribal Areas [Part X]
- Centre-State Relations [Part XI]
1. Fundamental Rights
In part III of the Constitution named Fundamental Rights Articles. 13, 15, 21A, 28 and 30 have a
bearing on the education. The Article 15 prohibits discrimination on grounds of religion, race,
caste, sex or place of birth, while the most effective article in the area of education in the
Constitution is
Article 21ARight to Education.[1] At the same time Article 28 allow attending religious
activity like instructions and worshiping in certain educational Institution. Article 30 empowers
minority section to establish and administer educational Institutions.
2. Directive Principles of State Policy
Part IV of the Constitution of India has some provisions which are in connection with the topic
education directly or indirectly. They are as follows:
- Article 37 on application of the principles contained in this Part
- Article38 :State to secure a social order for the promotion of welfare of the people
- Article39 :Certain principles of policy to be followed by the State
- Article41 :Right to work, to education and to public assistance in certain cases
- Article45 Provision for free and compulsory education for children[2] Provision for early
childhood care and education to children below the age of six years
- Article46 :Promotion of educational and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections
- Article47 :Duty of the State to raise the level of nutrition and the standard of living and to
improve public health
3. Fundamental Duties
Article 51 A states the fundamental duties of the states which also have some or the other way
significance on the education.
4. The Panchayats & The Municipalities
In this part Article243B - Constitution of Panchayats, Article243G - Powers, authority and
responsibilities of Panchayat[3], Article243Q - Constitution of Municipalities, Article243W-
Powers, authority and responsibilities of Municipalities, etc[4]. Basically in this part the above
mentioned articles empower local authorities to make schemes for increasing the education level
among the people of their jurisdiction.
5. The Scheduled and Tribal Areas
In this part the Article 244 which talks about administration of Scheduled Areas and Tribal
Areas[5] which also have provisions as to the Administration and Control of Scheduled Areas
and Scheduled Tribes[6]. They also have provisions as to the administration of tribal areas in the
States of Assam, Meghalaya, Tripura and Mizoram. This part has basically the power of
administration in which indirectly the education factor has been cover.
6. Relations between the Union and the States
Basically in this part, Article246 and Article 254 say that the laws made by parliament and laws
made by the legislatures of states should have inconsistency with each other.
The Persons with Disability Act 1995 also have chapter V which talks about the education but
there are some other provisions which also have some relevance with education they all are as
follows:
- Sec. 25 : Appropriate Governments and local authorities to take certain steps for the prevention
of occurrence of disabilities
- Sec 26. Appropriate Governments and local authorities to provide children with disabilities,
free education, etc
- Sec 27. Appropriate Governments and local authorities to make schemes and programmers for
non-formal education, etc
- Sec.28. Research for designing and developing new assistive devices, teaching aids, etc.
- Sec 29. Appropriate Governments to set up teachers' training institutions to develop trained
manpower for schools for children with disabilities
- Sec 30. Appropriate Governments to prepare a comprehensive education scheme providing for
transport facilities, supply of books, etc
- Sec 31. Educational institutions to provide amanuensis to students with visual handicap
- Sec. 39 All educational institutions to reserve seats for persons with disabilities
- Sec.51 : No person to establish or maintain an institution for persons with disabilities except in
accordance with a certificate of registration
Comparison of the Provisions of PWDA 1995 & Constitution of India
Section 25: Appropriate Governments and local authorities to take certain steps for the
prevention of occurrence of disabilities[7]
This section is really very important because it talks about prevention. For the very first time the
concept of prevention has been mentioned in the whole section & also for the very first time
legal attention has been made to social awareness & communication. It explains the programs
and different scheme which can be helpful for the prevention of such disabilities. The
constitution does not have any direct provisions in relation to the prevention of the disabilities.
But after this section the changes has came. Parliament has also accepted the concept of social
awareness.
Section 26: Appropriate Governments and local authorities to provide children with disabilities,
free education, etc[8]
In Sec. 26 (a) access to free education has been enhanced for the children till he attains the age of
eighteen years but as far as this limit in the constitution is concern, it is for till the age of fourteen
only. But if we concern about the overall growth of the disables then the secondary education
should be included and this age limit should be enhanced till eighteen years. But in the case State
of Bihar V. Project Uchhca Vidya Sikshak Sangh[9] SC held that setting up of high Schools is
not a constitutional function, education is a part of Human Development. The 86thAmendment
Act, 2002 has added a new Article 21 A: Right to education a fundamental right. The best part of
the constitution is that the right guaranteed in Article21 is available to citizens as well as non-
citizens. Sec. 26 (b) & Sec. 26 (c) has been specially enacted so that disabled children from any
part of the country can have the access to free education in both ways:
(i) by normal schools as mentioned under Sec. 26 (b) and
(ii) By special schools under government and private sector.
In the case of Ganapathi National Middle School v. M. Durai Kannan[10] SC observed that
Right to education is fundamental right of every child. The above both the provisions can be
compared with the Article15 & Article 19 of the constitution respectively. They are also in tune
with the Article 15(3). Sec 26 (d) also provides the vocational courses. It was observed in the
case of Social Jurist vs. Union of India and others[11] that a disabled child has the fundamental
right to have access to free education in an appropriate environment till he attains the age of 18
years as guaranteed to his under Articles 21 and 45 of the Constitution of India. And it was also
been held that, it is the legal duty of the government to provide free educational facilities till the
age of 18 years.[12]
Section 27: Appropriate Governments and local authorities to make schemes and programs for
non-formal education, etc[13]
This provision of the PWD Act 1995 is based on the Constitution. Article 243 Q gives power to
the panchayat to make schemes for-
(a) The preparation of plans for economic development and social justice,
(b) The implementation of schemes for economic development and social justice as may be
entrusted to them including those in relation to the matters listed in the Eleventh Schedule.
In Sec. 27of PWD Act 1995 has rightly interpreted the provisions of Article243Q. It has
observed the enhanced meaning of the provision and mentioned the way in which the schemes
can be made for creating social justice. Here the education has become the weapon to create
social justice. In the sub (a) provides an option for the necessary persons as mentioned in the
clause of this act. Sub clause (b) of the sec.27 provides special part time classes for providing
functional literacy for children in the age of sixteen and above but in the constitution it is not
clarified but indirectly it has been permitted in Article243Q. It was observed in the case of
Bennet Coleman & Co. v. Union of India[14] that under Article41, the state has a duty to take
effective steps to educate the people within the limits of its available economic resources,
including political education. In short the Sec. 27 with sub clauses covers all the aspect related to
maximum accessibility of education for disabled. It covers non- formal education under Sec. 27
(c) which has already been covered in the National policy for education 1986 (as modified in
1992).To inculcate the interest in education among the disabled sec. 27 (e) provides the option of
interactive electronic or other media classes.
Section 28: Research for designing and developing new assistive devices, teaching aids, etc.
states: The appropriate Governments shall initiate or cause to be initiated research by official
and non- governmental agencies for the purpose of designing and developing new assistive
devices, teaching aids, special teaching materials or such other items as are necessary to give a
child with disability equal opportunities in education.
Generally to create social justice and equality in the society the Equal should be treated equally
and unequal unequally. But as far as the education is concern to provide equal opportunities to
physically and / mentally challenged children the Sec.28 has been enacted. According to Art 15
(3) special provisions or schemes can be enacted for children & women who also include the
disabled children.
Section 29: Appropriate Governments to set up teachers' training institutions to develop trained
manpower for schools for children with disabilities: The appropriate Governments shall set up
adequate number of teachers' training institutions and assist the national institutes and other
voluntary organizations to develop teachers' training programs specializing in disabilities so that
requisite trained manpower is available for special schools and integrated schools for children
with disabilities.
Sec. 29 works to maintain dignity and quality of education among disabled.
It talks about teachers training by number of teachers training institutions but at the same time
the notifications under which the provision should be fulfilled is not mentioned or disclosed
under the same provision. So it should be suggested that the method or scheme under which this
can be started should come in to picture by notifications or other forms.
Section 30: Appropriate Governments to prepare a comprehensive education scheme providing
for transport facilities, supply of books, etc[15]
Sec. 30 mentions the different dimensions and areas which are necessary to provide healthy
atmosphere to the needy people. It gives certain privileges to the disabled to provide them equal
starting point from where they can take part in the process of individual and all over growth in
the area of education. But at the same time there has been a failure on the part of the government
to prepare a comprehensive education scheme in terms of Section 30 of PWD Act, 1995.
Depending upon the same issue the case- Social Jurist vs. Union of India and others[16] is
pending in the Delhi High Court.
Section 31: Educational institutions to provide amanuensis to students with visual handicap
states All educational institutions shall provide or cause to be provided amanuensis to blind
students and students with or low vision.
The aim and object of the PWD Act says that it is there to provide equal opportunity, full
participation and protection of rights.
Section 39: All educational institutions to reserve seats for persons with disabilities further states
All Government educational institutions and other educational institutions receiving and from
the Government, shall reserve not less than three percent seats for persons with disabilities.
In the employment provisions it has been said that there is a provision of three percent
reservation in the every education institution which comes under the category of this sec. In All
Kerala Parents Association Vs. state of Kerala [17]case it was held that, Sec.39 deals with the
reservation of seats for persons with disabilities in Government educational institutions as well
as educational institutions receiving aid from the Government, and necessarily therefore the
provisions thereof must be complied with. This section was interpreted widely in the case of Dr
Raman Khanna vs. University of Delhi[18] as follows: the law does not state that the 3%
reservation has 1% allocated to each of the 3 sub groups of disabilities. Since the law mandates a
3% reservation, the MCI cannot lower the quantum of reservation. Thus, it has to offer this 3%
reservation to the category it allows, namely, physical or locomotors handicaps.
Section 51: No person to establish or maintain an institution for persons with disabilities except
in accordance with a certificate of registration[19]
To control the exploitation of the disabled on the name of help such restrictions are needed. That
has been clarified under this sec. This has power to inquire about the organization because under
this act the certificate is needed. The Constitution also has the same powers & significance
indirectly.
Conclusion:
All and above the main area for consideration is that, In the Constitution of India there are
provisions having a bearing on education for SCs, STs, OBCs, Weaker Section of the society,
Socially, economically and educationally backward classes and minorities. Like.
- ARTICLE 30 : Right of minorities to establish and administer educational institutions
- ARTICLE 46: Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections but the disabled have no such articles in Constitution
like the above bothMore over they are not part of weaker section or minority so they cannot
get the power as mentioned in the above two articles.
For Minority, According to the case Bal Patil & Anr. .V. Union of India & Ors[20] Minority
as understood from constitutional scheme signifies an identifiable group of people or community
who were seen as deserving protection from likely deprivation of their religious, cultural and
educational rights by other communities who happen to be in majority and likely to gain political
power in a democratic form of Government based on election. The above definition does not
include Disabled and Weaker Section also does not include disabled. The problem is that, even
though SC & HC orders and / judgments many a times do not go in favor of disabled because it
has no strong base for interpretation in the Constitution of India as the SCs & STs have. As far as
the implementation part is concern it is a common problem for every law and its provisions.
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[1] Inserted by the 86th amendment, December, 2002
[2] Amended Text as per the 86th Amendment of December, 2002
[3] Inserted by the Eleventh schedule
[4] Added by the Twelfth Schedule
[5] Inserted by Fifth Schedule
[6] Inserted by Sixth Schedule
[7] Refer Persons with Disability Act, 1995, Section: 25
[8] Refer Persons with Disability Act, 1995, Section: 26
[9] (2006) 2 SCC 545, 567
[10] AIR 1996 SC 2803
[11] C.M.6736/2000 in C.W. 3956 of 2000 (Delhi HC),
[12] As per the Sec.26 of the PWD Act 1995
[13] Refer Persons with Disability Act, 1995, Section 27
[14] AIR 1973SC 106
[15] Refer Persons with Disability Act, 1995, Section 30
[16] C.W. 1342/2003 (Delhi H. C.)
[17] 2003(2)WLN692
[18] 2003 V AD (Delhi) 343
[19] Refer Persons with Disability Act, 1995; Section 51
[20] 2005 (6) SCC 690