Consensus Paper

Right to Liberty

Provisions for New Law

• The UNCRPD is unambiguous on the claim that deprivation of liberty cannot happen on the basis of disability.[ This bullet point will translate into the prohibition which will be incorporated in the law]
• The law should dismantle barriers, but should allow for the making of policies and programs which facilitate right to life in community settings. [ From this point the positive obligations reposed on appropriate governments will be constructed]

Programs (Mandatory)

[The following examples of mandatory programs will be coupled with the second bullet point to further detail the positive obligations of the appropriate government]

• To experience wellness, a non-violent (violence free) environment is a precondition. Programs to promote values of peace, love and non-violence in schools must be encouraged by the law. (e.g the No Plastic Bag, No Tobacco, campaigns have had much success in schools.)
• The law must encourage programs that promote such values and practices in neighbourhoods, service programs, families, social groups as well as in public life in general.
• As conflict is a justice issue, suitable judicial and parajudicial programs must be enabled which will provide for arbitrations and negotiations during situations of family conflict (Police are not the best persons to be doing this.)

Access to Justice

Provisions for New Law

[The following bullet points put together by the sub-group will be used to firstly give a right to PD to access the legal system whether as complainant and witness. It will also elaborate on the rights of persons with PDs when brought before the legal system as wrongdoers. Next the rights of PDs to legal aid; communication support; reasonable accommodation and accessibility will be spelt out]

• Justice system is the key holder of CPR and LC for PWDs. The Act must provide for intersections with judiciary.
• All laws must presume / recognize / respect the full legal capacity of all people including PWDs.
• Access includes [1] Access to take action against a wrong doer and [2] Access to the judicial system.
• PWDs testimonial (e.g. blind people's and deaf people's testimonies) must be accepted in courts as evidence.
• Right of Access to Justice will be realized by accessibility of communication at all levels, right from police level, to the level of Supreme Court. Accessible formats and language: AAC, interpreters, Braille, sign and tactile language, personal assistance, or any other mode of communication.
• Recognition of legal capacity, reasonable accommodations and supported decision making should be in place while accessing justice.
• Accessible judicial systems must be available at the block level

Changes in other laws

[This segment is just aimed to underscore the fact that for the full realization of the rights of persons with disabilities it would be essential that provisions linking the general law with the disability law are made. These provisions in the general law would guide general administrators to the Disability Rights Law and ensure that PD's rights are not compromised].

PWDs testimonial (e.g. blind people's and deaf people's testimonies) must be accepted in courts as evidence.

• Institutions such as NALSA (National Legal Services Authority) would need to examine the National Legal Services Authorities Act, and refurbish the system and services on principles of inclusion and access to justice for PWD, made to comply with UNCRPD. Legal courts linked with LSAA should be looked at and strengthened.
• Various commissions can be activated on disabilities; HR commissions, women's commissions, minority, child rights, SC, ST, backward.

Right to Integrity

Provisions for New Law

[The standard interpretation of integrity in other human rights acts and jurisprudence will be used to convert the following text into the legal text which will both prohibit actions which undermine the right and require actions which protect and promote it]

• Right to integrity is about personal identity. The 'RIGHT TO BE YOU' and the barriers to that. Right to affirm oneself as a whole person in a physical and mental sense.
• Articles (12, 17) will be read together.
• The new Act must ensure the safety of occupying one's own personal space. Good touch / bad touch, illustratively, it is significant for people in wheel chairs or those being led. Every PWD would have experience of lacking safety in one's personal environment.
• Right to integrity is linked with right to privacy, liberty, freedom of expression, right to be protected from violence, abuse and exploitation.
• Within the context of medical services, right to integrity is linked to right to liberty, right to consent, right to choice, and right to services in the natural settings, and right to be protected from abuse and violence, and right to protection from inhuman, degrading and torturous treatments.
• Right to integrity includes both bodily and mental integrity (e.g. domestic violence Act recognizes the latter.)
• Right to integrity must be equally assured in case of people who are homeless and within institutions, both private and public.

Right to be protected against violence abuse and exploitation

[The manner in which abuse and exploitation have been defined in other legislations such as Domestic Violence Act, the Sexual Harassment Guidelines formulated by the Indian Supreme Court, SC & ST Atrocities Act, etc. shall be studied in order to determine how this section of the new law will be formulated. In formulating this provision care will be taken to ensure that the detailing of the atrocities do not once again victimize persons with disabilities]

Provisions for New Law

• The new Act must consider that medical environments can be abusive and exploitative. Medical ethics references must be made to prevent the use of inhuman, degrading and torturous practices. There must be active dialogue with MOHFW to take up this aspect of best practices seriously.
• Some focus on the higher risks of women, children (both boys and girls), elderly who are especially vulnerable to abuse.

Changes in other laws

[Once again the need for a resonance provision in mainstream legislations addressing the concerns of persons with disabilities was expressed and the following two legislations were especially mentioned]

Domestic Violence Act

Sexual Offences Bill

Programs (Mandatory)

[This segment concentrated on the positive obligations that would need to be woven into the Act]

• There is absolutely no cover for the disabled street child and women with disabilities who are homeless. Creating support systems (soup kitchens, night shelters, spaces for personal hygiene in their natural environment is a must.)
• Benefits for the child with disability could be covered by the PWDA.