Consensus Paper

Habilitation and Rehabilitation

This right shall now be deliberated upon and settled by the entire Committee even as Mr. Bhushan Punani is leading the discussion. Suggestions on this segment have been made by other sub groups and by civil society members. The Committee has also been looking at the CRPD mandate. To facilitate further deliberation on the right the CRPD mandate and the suggestions received on this right are being collated in this part of the consensus paper.

CRPD Mandate

• CRPD mandate not just a professional medical one
• Privileging of Peer Support
• Health about impairments habilitation and rehabilitation about barriers
• Hence programs to lower barriers are the concern of this article
• Outcome oriented outlook
• To attain and maintain maximum independence
• Full physical, mental, social, and vocational ability
• Full inclusion and participation in all aspects of life
• Shall organize, strengthen and extend comprehensive services and programs
• Employment
• Education
• Social Services
• Promote availability knowledge and use of assistive devices and technologies

Suggestions on the substantive content of this right

• Institutions cannot be a permanent living option.
• Residential services on short term (a week to 10 days or so) on a hospice, recovery and retreat basis can be provided for, which are non custodial, offering a range of alternatives and catering to all the fitness and well being needs of all PDs.
• Integration into the public health system: All medical and tertiary care needs can be provided in an integrated manner through the strengthening of public health system. Capacity building of doctors, and all staff linked to the medical system is a must. Integration with MOHFW on this aspect must be dialogued about.
• The first time a person or family members recognize disability is a critical step where liberties are often compromised. Provisions must refer to preservation of right to liberty in the first instance where it is 'discovered'. Early intervention, diagnostic practices, and service delivery must be integrated and sensitive. In most of these interventions, children or young adults are involved, so developmental concerns must be kept in mind, ensuring quality of life in the long term, and protections from deskilling and from multiplying barriers (education, work, friendships, relationships, marriage, property, and other legal, social barriers) Input for health and rehabilitation subgroup.
• All services must be provided in natural living environments to maximise community and family support for PDs.
• There must be good quality aids and appliances, which should also be subsidized.
• Strong support groups should be created for persons with certain forms of physical disability (eg. spinal cord injuries or muscular dystrophy).
• Rehabilitation services should be affordable, appropriate, and accessible and people should be made aware of them.
• There should be special emphasis of rehabilitation schemes in the rural sector.

A regulated program needs to be established in all disabilities so that there is a timely phasing out of custodial institutions, with tandem development of community services (community living programs, group homes, parents' committees, etc.) and social safeguards for the institutionalised persons. A 'ramping facility' needs to be provided in law so that people from institutions can come into the mainstream.

Leisure Culture and Sport

The following points shall be drawn upon to construct this right in the new law.

Provisions in the Law

• All cultural/recreational programmes shall have multi sensory features to cater all persons with disability ( Braille form, hearing loops, interpreters and provision of designing the programme for persons with intellectual impairment)
• All opportunities for recreation, leisure, sports and cultural activities are inclusive.
• Persons with disability have a right to lead a good quality life and be a part of mainstream society. In order to make them an integral part of the society, it is imperative that they are provided access,, opportunities, and encouragement to take part on an equal basis with others in cultural life, recreation, leisure an sports. This is an aspect which needs taking appropriate actions to ensure that persons with disabilities take part in mainstream activities as well as disability specific activities particularly in the area of culture, sports and recreation. This would necessitate development and expansion of facilities, allocation of appropriate resources so that they can enjoy their rights without discrimination.
• The appropriate Government and local authorities shall allocate adequate funds to make it possible for better utilization of existing facilities and opportunities. They should also promote creation of opportunities for further development and utilization of existing but latent creative, artistic and intellectual potential of persons with disabilities, not only for their own benefit, but also for the enrichment of society.
• No person will be denied access to and participation in sports, cultural, recreation and other co-curricular and extra-curricular activities on grounds of disabilities. A provision of adequate funds shall be made for ensuring promotion of these activities.
• Ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including activities in schools;

Mandatory Programs

Make recreation and sports a part of the academic curriculum. Opportunities should be provided to Physical Education teachers and support staff for promotion of facilities and encouragement of integrated sports, culture and leisure activities in their own environment.