E-Kantipur

It was a coincidence that recently Human Rights Watch released a ground-breaking report “Futures Stolen” which unearths the barriers to education for children with disabilities in Nepal, and that Jhamak Ghimire, a girl born with cerebral palsy, a severe form of disability, who cannot speak or move, who never received formal education, who learnt to read and write by herself and who writes holding a pen with her toes, won the most prestigious literary award in Nepal, Madan Puraskar, for her autobiographical book “Jiwan Kaandaa ki Phool” (Life, is it thorn or flower).

In an essay entitled “Disability in social perspective” from her book “Jiwan Kaandaa ki Phool”, Jhamak has written about her struggle with disability. Her essay can be summarised this way: “My birth brought permanent misery to my family. There is a deeply rooted negative social attitude towards disability. I became a constant victim of such a negative perspective. When it comes to the disability issue, it hurts me a lot that the so-called educated people treat people with disabilities more indifferently.”

This anger towards society is not only a personal reflection of Jhamak. This is the everyday experience of people who are living with disabilities. Jhamak has reached the top of Nepali society because of her exceptional will power, extraordinary devotion and undying faith in oneself. Definitely, she has transformed herself into a fountain of hope for everyone in a hopeless society like ours surpassing the disabled community. She has already proved that disability is not a barrier to success. It is society and its perspective that puts the larger disability community in the margins.

Human Rights Watch has rightly observed the pathetic reality of children with disabilities in Nepal. It said, “Although in theory the government promotes an inclusive education policy, in practice, it supports a system of segregated resource classes designated for children with disabilities in mainstream schools and separate schools for the deaf and blind and children with physical and intellectual disabilities.”

Why does such a contradiction exist in practice? Probably Jhamak has the best answer. In the same essay, Jhamak has written, “The world belongs to the strong, educated and powerful. These people do not perceive people with disabilities (PWDs) as human. I grew up with this impression all my life.” Naturally, the world is governed by the rich and strong. If they do not consider PWDs as human, we cannot expect that the social needs of PWDs will be addressed.

This is the reason tens of thousands of children with disabilities in Nepal are prevented from attending school. Though the government claims that Nepal has made important progress in achieving universal primary education as part of its commitment to the Millennium Development Goals (MDGs), a significant proportion of school-aged children with disabilities are still out of school. However, the human rights of such children are safely protected on paper and in international treaties, and Nepal has repeatedly made strong commitments to fulfil children’s rights.

For instance, Nepal has ratified the UN Convention on the Rights of Persons with Disabilities (CRPD) and the Convention on the Rights of the Child. As a state party, Nepal has an obligation to ensure that children with disabilities can attend school with their peers, and domestic laws and policies promote the right to inclusive education for all children in the country. It means that children with and without disabilities should be able to attend school in their communities without discrimination. But Jhamak’s experience clearly indicates that disability is a birth of tragedy for millions of children with disabilities in Nepal without the prospects of school education and social care.

Article 24 of the CRPD clearly states, “With a view to realising the right of PWDs to education without discrimination and on the basis of equal opportunity, State Parties shall ensure an inclusive education system at all levels and lifelong learning directed to:

(a) The full development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;

(b) The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential;

(c) Enabling persons with disabilities to participate effectively in a free society.”

Again, while reflecting on Jhamak’s experience, realising these CRPD ideals is a huge task in a society of educated people that dismisses the talent and creativity of PWDs. However, the school education system should be the first place where efforts must be made.

The right to education is inextricably linked to the enjoyment of other rights, such as employment, health, social and political participation. Failure to ensure that children with disabilities receive quality education also translates into higher social and financial costs for society in terms of health, happiness, family and social security.

Interestingly, Human Rights Watch observes, “While international donors and UN agencies are seemingly aware of the lack of targeted efforts to ensure children with disabilities are in school, they have not done enough to ensure that funding for education is distributed without discrimination and equitably benefits children with disabilities.”

This statement also proves that the negligence of society, state and international agencies towards PWDs and the disability sector has made disability a birth of tragedy. Such an injustice of knowledge and attitudes cannot be accepted in this age. If society is prepared to learn, there is Jhamak to educate us.

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