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DISABILITY - A PARADIGM SHIFT: FROM WELFARE TO HUMAN RIGHTS
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PUBLIC AND PRIVATE FREEDOMS
2.24 The human rights approach to disability on one hand requires the States to play an
active role in enhancing the level of access to public freedoms and on the other requires
that the enjoyment of rights by persons with disabilities is not hampered by third-party
actors in the private sphere. ‘It is not only the government agencies which are obliged to
observe rights, but private bodies acting as government agents or to which public functions
are delegated or subcontracted should also be held accountable similarly’. To this effect,
NHRC suggested all the developmental Ministries in the Centre and States to regulate
functioning of NGOs receiving aid to ensure that negative portrayal of disabled for raising
funds is completely prohibited.
2.25 Furthermore, the obligation of the Government to take steps to eliminate discrimination
in private sphere in respect of disability is crucial as the abuse, neglect and violence against
the disabled is widespread within the institutions and confines of the family. The Commission
has been deeply concerned about the exploitation of the disabled through beggary as they
are not only used for begging but also at times, maimed and disabled for the purpose of
beggary. The Government, therefore, has been advised to probe the nefarious activities of
such mafia gangs and to take all necessary steps to bring them to book.
2.26 It is noted that many private bodies under the garb of imparting vocational training
often engage persons with disabilities for years together in production activities by just
paying them a stipend. The overall working conditions in these vocational training-cumproduction centres are also far below the stipulated standards. The Commission, therefore,
recommended to the Government to redefine norms of vocational education and suggested
establishment of an independent authority with an aim to regulate, standardize, monitor
and supervise working of institutions imparting education, training and residential care
to the disabled.
DISABILITY CONVENTION
2.27 Change is an evolving process, which can be accelerated by a number of means. For
instance the UN General Assembly Resolution 56/168 of 19 December 2001 towards a
binding treaty on the theme of disability holds that promise. In fact, people with disabilities
have offered the world a precious opportunity to redefine the norms of social justice,
citizenship, democracy and human rights.
2.28 In response to the invitation to the National Human Rights Institutions for their
participation in the Ad hoc Committee under General Assembly Resolution 57/229 and
inspired by the suggestion made by the United Nations High Commissioner for Human
Rights stating ‘it will be of utmost importance that not only States but also National
ANNUAL REPORT 2003-04