...... 6 DISABILITY - A PARADIGM SHIFT: FROM WELFARE TO HUMAN RIGHTS ATTITUDES 2.12 Long held beliefs, attitudes and perception of disability sometimes conflict with the human rights values and principles, which recognize that all persons not only possess inherent self-worth but are also inherently equal, regardless of their differences. The Commission, therefore, finds it impossible to accept the plea that because certain forms of human rights abuses or violations had long persisted in the country whether for societal, behavioural or any other reason, these should continue to be acquiesced in, or tolerated in the future. A ‘wrong’ does not become ‘right’ even if it has continued for long in the past. The Vienna Declaration (1993) also notes: “While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of the States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.” CHARITY MODEL 2.13 Social values, norms and attitudes are not static and are liable to change, depending on a wide range of factors. Consequently, the formal approach to disability also undergoes a change. For example, the notion of charitable privilege has its roots in the English Poor Laws, which primarily protected drain on social resources and created criteria to limit the claim to rights. In other words, the charity model was based on an assumption that claim to rights is valid on certain grounds and invalid on certain others. Disability definitely was perceived as a disqualification and perhaps for this very reason, the expression ‘invalid’ became synonymous with persons with disabilities. 2.14 The charity model engineered asylum like institutions for the disabled resulting in their acute isolation and invisibility. The findings of an investigative project (Quality Assurance in Mental Health) undertaken by the Commission between 1997-99 also confirmed that a large number of mental health institutions are being managed and administered on the custodial model of care characterized by the prison-like structures with high walls, watchtowers, fenced wards and locked cells. These institutions functioned like detention centres where persons with mental illness were kept chained resulting in ‘Erwadi’ like tragedy in Tamil Nadu, in which more than 27 inmates lost their lives. Fortunately with the regular and close monitoring of the Government-run mental health institutions by the Commission and with the interventions of the Honourable Supreme Court, the standards of care have now improved to a certain extent. INDIVIDUAL PATHOLOGY MODEL 2.15 Inspired by lawmakers, scientists and philosophers who provided scientific justification for social inequalities, an individual pathology approach to disability came into existence. NATIONAL HUMAN RIGHTS COMMISSION