Rights of the Disabled ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 5.1 A distinction is frequently drawn between Civil and Political Rights – seen as justiciable and forming the starting point of any democratic state and its political and civic life – and Economic, Social and Cultural Rights that are seen as nonjusticiable and whose realisation is believed to be possible over a period of time due to the resources required for their implementation. However, traditional ideas about the nature of rights and the corresponding obligations have been under challenge for a long time, and a more sophisticated understanding of the nature of the rights and the attached obligations has emerged within the United Nations and in various countries including India. For example the Committee on Economic, Social and Cultural Rights (CESCR) has clarified that some aspects of economic, social and cultural rights especially the obligation of nondiscrimination is directly implementable. Whereas the jurisprudence on social, economic and cultural rights in India over the last two decades has gone much beyond the concerns of non-discrimination. In many cases the Supreme Court has established a harmonious relation between the fundamental right to life and the so-called, non-justiciable rights under the directive policy of the State. Infact the logic of economic capacity has been put to defence paving the way for the protection of all life related rights without distinction of immediate or progressive nature of realisation. 5.2 This trend is best demonstrated through the laws enacted by the Government of India for the protection and promotion of rights of persons with disabilities. During the 1970s a distinct self-advocacy movement of people with disabilities started a sustained campaign demanding protection and recognition of their human rights. Towards this end, it sought enactment of a comprehensive legislation National Human Rights Commission Annual Report - 2004-2005 AR-Chapter-1-19-10-6-06.p65 103 83 7/17/06, 6:29 PM