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Sudha Kaul PhD Founder Trustee & Vice Chairperson Indian Institute of Cerebral Palsy ( IICP )

Sudha Kaul PhD Founder Trustee & Vice Chairperson Indian Institute of Cerebral Palsy ( IICP ). “ The highest education is that which does not merely give us information but makes our life in harmony with all existence. ” Rabindranath Tagore. The Current Process of Reform.

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Sudha Kaul PhD Founder Trustee & Vice Chairperson Indian Institute of Cerebral Palsy ( IICP )

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  1. Sudha Kaul PhD Founder Trustee & Vice Chairperson Indian Institute of Cerebral Palsy (IICP)

  2. “The highest education is that which does not merely give us information but makes our life in harmony with all existence.” Rabindranath Tagore

  3. The Current Process of Reform DRAFTING OF THE RIGHTS OF PERSONS WITH DISABILITIES BILL 2012 TOWARDS AN INCLUSIVE SOCIETY

  4. ARCHITECTURE OF AN INCLUSIVE SOCIETY 4 PILLARS OF AN INCLUSIVE SOCIETY D E M O C R A C Y D E V E O L P M E N T D I V E R S I T Y D I A L O G U E

  5. ARCHITECTURE OF AN INCLUSIVE SOCIETY Four main pillars of an inclusive society: • Democracy - a representative, pluralistic and open democracy • Diversity - not just a tolerance but a celebration of diversity • Development - both economic and social - a growing and expanding society - a society that ensures opportunity for all • Dialogue - a society that encourages debate and dialogue with civil society and all stake holders

  6. How inclusive is our society for persons with disabilities?? Four main pillars of an inclusive society: • Democracy – Do persons with disabilities play an active role in the democratic processes and evolution in our society? • Diversity – Do we tolerate & celebrate diversity? • Development – Are we a society that ensures opportunity for ALL? • Dialogue – Are we a society that encourages debate and dialogue with civil society and all stake holders?

  7. FORMULATION OF THE NEW DISABIITY BILL The UNCRPD The Convention on the Rights of Persons with Disabilities (CRPD) which was adopted by the General Assembly in December 2006. It was opened for signature on 30th March 2007 and came into force in May 2008. India signed this Convention on the very first day and ratified it without any reservations in October 2007. India a signatory of the UN Convention and is therefore: Under obligation to promote the full realization of human rights and fundamental freedoms for Persons with Disabilities.

  8. The Paradigm Shift The CRPD has introduced a paradigm shift in the discourse relating to persons with disabilities. The new paradigm is based on the presumption of legal capacity, equality and dignity. The basic pillars on which the present Disability Bill has been formulated, recognizing all rights of all persons with disabilities.

  9. PRINCIPLES GUIDING THE FORMULATION OF THE NEW DISABIITY RIGHTS BILL In formulation of this Bill the Committee was guided by the basic principles mentioned in Article 3 of the UNCRPD: • Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons • Non-discrimination • Full and effective participation and inclusion in society • Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity

  10. PRINCIPLES GUIDING THE FORMULATION OF THE NEW DISABIITY RIGHTS BILL • Equality of opportunity • Accessibility • Equality between men and women • Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities

  11. The Process A PROACTIVE PROCESS OF DIALOGUE & DELIBERATION • Disability groups in the country consulted at every stage • Sub Groups formed to deliberate on the various parts of the Bill with civil society • Deliberations on the Consensus paper to instruct the Legal Consultant on the substantive content of the Working Draft • State Level consultations held – Nearly 6000 stakeholders participated (DPO’s /NGO’s/ Professionals/Parent Groups/Government officials

  12. The CONSULTATIVE PROCESS • National Level Consultation with civil society representatives from the disability sector. 33 participants representing persons with disabilities/DPO groups from various states across India and persons from civil society 2. Demands for more proactive consultations from the disability sector acknowledged and State Level Consultations were held in 23 cities across India organized by SNAC CENTRES of the National Trust. Draft translated in 13 Indian languages 3. Legal consultation with a panel of legal experts

  13. The CONSULTATIVE PROCESS Transparency and Access to Information Minutes of meetings were posted on the Ministry of Social Justice website as well as NALSAR website As drafts were formulated every effort was made to ensure that they were in the public domain Comments received from different disability groups were processed and discussed by the committee

  14. The Process

  15. The Process FORMATION OF SUBGROUPS To draft chapters on issues of concern raised at the Consultations by persons with disabilities & civil society members & to bring the new law in harmony with the UNCRPD • PREAMBLE AND DEFINITION • RIGHTS AND LEGAL CAPACITY • CIVIL AND POLITICAL RIGHTS • EDUCATION • HEALTH AND REHABILITATION • EMPLOYMENT AND OCCUPATION. • ACCESSIBILITY • HUMAN RESOURCE DEVELOPMENT • AUTHORITIES • FINANCIAL AUTHORITY

  16. CHALLENGES FACED SOME AREAS OF CONCERN • LEGAL CAPACITY….For ALL ??? • HIGH SUPPORT – Means intensive support - physical, psychological and otherwise, which may be needed by individuals for activities of daily living; independent & informed decision making; accessing facilities & participating in all areas of life • BENCHMARK DISABILITIES - Defined as ‘a person with disability with not less than 40% of a specified disability as certified by a competent authority’ • GUARDIANSHIP.. Plenary or Limited?

  17. CHALLENGES ADDRESSED Committee took a pragmatic approach while encapsulating the vision, passion and concerns of the disability sector. Acknowledging the diverse views on contentious issues. Recognising the reality of the present situation in India while keeping in view aspirations and rights of persons with disabilities.

  18. Rights of Persons with Disabilities Bill 2012 A statute that is in harmony with the UNCRPD The proposed law seeks to repeal the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995 and put in place a charter of rights in accordance with the mandate of the UNCRPD. This Bill guarantees socio-economic and civil-political rights and takes pro-active measures for the protection and enforcement of all rights of persons with disabilities.

  19. THE RPD BILL 2012All Rights for All People Statute recognizes not just the socio-economic rights of: • education • employment • social security • health • rehabilitation But also the right to leisure culture and sport

  20. THE RPD BILL 2012LiftING Barriers • Persons with Disabilities can assert these rights only in a disability inclusive world • The Bill has a strong chapter on accessibility emphasizing on the need to make the world accessible for all persons with disabilities irrespective of impairment whether they live in urban or rural areas.

  21. THE RPD BILL 2012Civil Political Participation • For all this to happen it is necessary that the full participation of all persons with disabilities be recognized. • It is to that end that the Bill has a strong chapter on universal legal capacity and civil-political rights of all persons with disabilities.

  22. THE RPD BILL 2012No Right without a Remedy Some revisions made by MSJE: Statute now suggests: • National & State Commissions for Persons with disabilities: B. Central & State Advisory Boards on Disability: • Policies, projects, programmes, legislation & projects in respect to disability Advise Central & State Governments on Review, monitor & evaluate the law and policies and programmes achieving equality & full participation of persons with disabilities - will be constituted with membership of 10 persons with disabilities along with key duty bearers.

  23. THE RPD BILL 2012How to Redress Grievances ? District Level Committee on Disability Special Disability Rights Courts • The effort is that persons with disabilities have a grievance redress body which understands their issues and is accessible to them • A Redressal Body that is jointly run by judicial experts and disability related experts

  24. RESPECTING VOICES & choices OF people with disabilities Oscar Wilde “Nothing that is worth knowing can be taught”

  25. RESPECTING VOICES & choices OF people with disabilities Knowledge, understanding, perception and beliefs need to be lived, felt, experienced & shared. THEY ALSO NEED TO BE ACKNOWLEDGED & RESPECTED

  26. THE RPD Bill:a positive step towarDs Creating An Inclusive Society

  27. Thank You Indian Institute of Cerebral Palsy 35/1 Taratolla Road Kolkata 700088 Phone: 91-33-2401/0240/3488 Email: mail@iicpindia.org Website: www.iicpindia.org

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