E-Kantipur

It wasn’t until this July when I attended a course at the Central European University in Budapest entitled “Mental Disability Law in Practice” that I developed a sincere interest in the Convention of Rights of Persons with Disabilities (CRPD). I’d read the 300-something page document a few times, but it never really held much prominence in my mind. I always doubted whether the CRPD could actually do anything in the way of improving the lives of the millions of people living with disabilities. But I now realise now that the CRPD is a revolutionary idea in the disability sector. It is the most powerful international legal tool that recognises equal rights of people with disabilities.

Disability itself is not a barrier to success and a happy life. The first person that comes to mind as living evidence of this is Stephen Hawking. He counters all negative social attitudes towards disability. But despite a few exceptions, people with disabilities do not have equal recognition before law and society. They are still treated as an object of charity. They are not considered as part of a dignified human civilisation. They are looked down upon and perceived as worthless. Simply put; public attitude towards disability is wrong.

In this context, the formation of the CRPD in 2006 has created sufficient ground to bring a paradigm shift in the disability sector. CRPD has made a big difference to understand disability as part of mainstream human rights and development issues. Further, CRPD guides us in changing national policies, public knowledge, social practice and international cooperation. 

Till now, 149 countries are signatories of the CRPD and 103 countries including Nepal have already ratified it. This means these countries have showed moral and political commitment to take appropriate actions to improve the lives of people with disabilities. Sadly, in developing countries—which are the home of eighty percent of people with disabilities—political and social insensitivity towards disability is deeply rooted. Disability is still perceived to be outside of the social and development context. Our roads, transport system, school and college buildings, hospitals, scarcity of human resources and absence of basic services towards the disabled community can give us enough insight into our awful collective social understanding of disability.

Since the launch of the Millennium Development Goals (MDGs), people believe that the world has seen lots of improvement the worst forms of human conditions, like extreme poverty and hunger, primary education, maternal health, HIV AIDs and more. But, disability, which is entirely excluded from the goals, has developed as a new global challenge for our generation and surely for generations to come as well.

According to the “World Report on Disability”, jointly published by the World Bank and World Health Organization (WHO) in June this year, “more than one billion people, 15 per cent of the world population, live with a disability. It covers all forms of disability including mental disabilities.” This growing figure has raised a moral challenge to the goals of MDGs as it out rightly neglects 15 per cent of the global population in the worst human condition. How then, can we celebrate the MDGs?

The World Report on Disability has clearly indicated that the global prevalence of disability is higher than in previous years. In the 1970s it was suggested that about 10 per cent of the global population faced some disability. In 40 years time, the percentage has increased by five percent; indicating that global negligence and inaction is persistent. This report has clearly warned that the MDGs may not be met by 2015 unless urgent action is taken to address disability needs.

How then, do we address the needs of the people with disabilities? It is a prime concern of our time. As suggested by CRPD, there are multiple ways to tackle the disability issue. Firstly, it is vital to make society understand that disabilities, including mental disabilities, are less about health conditions and more about social, economic, development and human rights issues. The essence of CRPD is that people with disabilities must not be left out of any development and human rights framework.

In the case of developing countries, state accountability towards disability is a forgotten issue. Political awareness on disability is very low and often negative.  In this context, as an international legal instrument, CRPD is the last resort for us to promote state accountability towards disability. In spite of this, donors also must include people with disabilities in all mainstream development projects and make specific investments to enable them to participate in broader society. While investing in the disability sector, investment in mental disability, which is historically neglected and stigmatised, is vitally urgent.

Mari Amos, a fellow summer course participant in Hungary rightly pointed out that wider debate is needed to persuade governments to put all efforts into enforcing CRPD obligations, as states are ultimately the most important stakeholders when bringing rights into reality. At the same time, states are the main financial contributors also. Thus they need to feel the pressure, mainly from the public. Surely, the media can also do a lot when influencing public opinion in that regard.

Disability should be brought to the mainstream social debate and the media should also participate. Disability awareness must start with CRPD awareness. CRPD education is not limited only to the disabled community, but it targets the whole population. Paying serious attention to the recommendations of the World Report on Disability-2011 and CRPD, civil society organizations, the government, general public and media should work together to achieve the following goals to make CRPD a reality for all:

a. The ratification, domestication and monitoring of the UN Convention on the Rights of Persons with Disabilities (CRPD) in all countries.

b. Adopt a national disability strategy with special focus on mental disability and increase government’s accountability to address the needs of the people with disabilities.

c. Develop disability inclusive government development plans in line with CRPD.

d. Empowering persons with disabilities and strengthening their capacity and involvement in development work, democracy and mainstream human rights work.

e. Increase public awareness and understanding on disability through public education campaigning and school and college education programs.

I have no doubt that CRPD is indeed a revolutionary idea. But in order to render this idea a reality, urgent action is needed.

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