Monitoring the Human Rights of Persons with Disabilities: Direct and Indirect Discrimination

1. Monitoring the Human Rights of Persons with Disabilities: Direct and Indirect Discrimination Evaluation and Report of Disability Discrimination Case Studies in Asia-Pacific Region 15th DPIAP Regional Assembly 25th October 2012 Incheon, Republic of Korea Chona M. Sabo Regional Officer for Asia Pacific Disability Rights Promotion International (DRPI) Email: chona_drpi@dpiap.org Website: www.drpi.yorku.ca

2. Vs. Equality & Non-discrimination

3. Direct Discrimination “Say if you were of an ethnic minority and you went for a job and you were told when you arrived that the job was taken. You then arrange for a friend “without” disability to go for the same job and he was told it is still available. Or if you were at a job interview and you state that you have 4 children and the interviewer makes a remark about you having to have a lot of time off work.”

4. Indirect Discrimination “If you went for a job that states anyone who applies must have at least 10 years experience in the position which would put a young person at a disadvantage. Or if there were persons with disabilities facilities but they had to be accessed from the rear of the building next to the rubbish bins etc and everyone else goes in thru the front door. They're still providing the facilities and still saying anyone can use them but they're putting those people at a disadvantage or humiliation.”

5. Equality and Non-discrimination • The principle of non-discrimination means that all rights are guaranteed to everyone, without distinction, exclusion or restriction based on disability or race, sex, language, religion, political or other opinion, national or social origin, property, birth, age, or any other status. • Equality, in the context of disability requires creating societal conditions that allow for difference in order to guarantee the equal participation and inclusion of people with disabilities in all aspects of society.

6. Some Discrimination Faced by Persons with Disabilities • A man in India says that he has not been paid properly for any of the jobs that he has held because he is a person with a disability. • A young man with a disability is put on the street to beg in Hong Kong. • A woman in Nepal is abandoned by her husband after he has taken her dowry.

7. Causes of Discrimination • Myths/Misinformation • Language • Attitudes • Social and Legal Barriers • Environmental Barriers

8. Monitoring the Human Rights of Persons with Disabilities

9. What is Monitoring?

10. Holistic Monitoring

11. Tracking (monitoring) Individual Experiences • (b) Tracking (monitoring) Systems (laws, policies, programs and services) • (c) Tracking (monitoring) Attitudes

12. What makes DRPI’s Approach to Monitoring Unique? a) It uses a holistic approach (that is, it tracks disability rights in more than one way and brings the information together) b) It puts persons with disabilities in the lead in monitoring c) It considers human rights principles when assessing the specific rights d) It recognizes that disability rights monitoring has to be an ongoing, long term process

13. The Ways Forward • To achieve full recognition of people with disabilities as rights-holders, people must understand: • • the needs of people with disabilities are not “special” • • the issues are politicized • • separate but equal is not equal • • people with disabilities have to be recognized as decision-makers

14. Thank you!!!