...... 8 DISABILITY - A PARADIGM SHIFT: FROM WELFARE TO HUMAN RIGHTS 2.19 Reasonable accommodation is a core element of equality of opportunity, imposing a duty on the appropriate authorities with regard to modifying physical and social environments, which unchanged, would constitute a discriminatory barrier preventing persons with a disability from full participation. For example, the equality clause of General Comment No. 5 of the Committee on Economic, Social and Cultural Rights clearly establishes that a failure to reasonably accommodate is a central element of disability discrimination. HUMAN RIGHTS MODEL 2.20 The Commission believes that a human rights approach is necessary to restore rights and dignity of persons with disabilities as it seeks to break down barriers by addressing shortcomings in the environment, vis-à-vis limiting entitlements due to the difference of abilities. In the heart of human rights mission lies the respect for variation in human cultures and the recognition that people are different on several considerations such as gender, race and disability. Nevertheless, concerning their rights and dignity, all people are same. Thus, a real commitment to equality means taking positive action to ensure equal access regardless of differences. 2.21 A coherent programme of “equality of opportunity” also entails tackling deep-rooted practices and negative attitudes to disability. Besides that, reorientation of perspective is important for the way in which law and policy in relation to disability are developed, as well as interpreted and implemented. Otherwise, outmoded disqualifying regime and discriminatory standards would continue to exclude people on the basis of their disability. 2.22 Reform of the laws is vital for the restoration of equal rights and equal protection since, in the case of civil commitment, due process principles are not applied on the basis of equality for persons with mental illness. Equality is also denied in respect of other substantive rights on grounds of disability – the Commission’s concern in this regard is reflected at some length in Chapter V of this report. 2.23 ‘Human Rights are not merely about protecting people against the abuse of power – they are also about giving people access to power’. A world-view inspired by this understanding envisages an active membership that participates in all aspects of the community life, regardless of their differences. This can be achieved through a continuous process of capacity building of the people as well as the basic systems, structures and processes of the society. Towards this end in view, the Commission actively promotes human rights literacy and awareness in general and from a disability perspective in particular. In fact, the entire range of activities of the Commission are aimed at creating an environment in which human rights can be better promoted and protected. A detailed account of our initiatives in enhancing the capacity of civil servants, legal practitioners, members of law enforcing agencies, teachers and activists is provided in Chapter VIII of this report. NATIONAL HUMAN RIGHTS COMMISSION