Convention on the Rights of Persons with Disabilities – Part 5
Continuing with the series on ‘Convention on the Rights of Persons with Disabilities’, in today’s blog, I have covered Articles 21 to 24 and all four are very important Articles with regard to the progress of Persons with disabilities.
Article 21 – Freedom of expression and opinion, and access to information
Ensure that persons with disabilities (PwD) can exercise the right to freedom of expression & opinion, including the freedom to seek, receive and impart information & ideas on an equal basis with others and through all forms of communication of their choice, including
– Providing information in accessible formats and appropriate technologies in a timely manner and without additional cost;
– Accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication in official interactions;
– Urging private entities to provide information and services in accessible and usable formats for PwD;
– Recognizing and promoting the use of sign languages.
Article 22 – Respect for privacy
– No PwD, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation.
– PwD have the right to the protection of law against such interference or attacks.
– Protect the privacy of personal, health and rehabilitation information of PwD on an equal basis with others.
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Freedom of expression, opinion & access to information
Respect for privacy
Respect for home & family
Article 23 – Respect for home and the family
– Take effective & appropriate measures to eliminate discrimination against PwD in all matters relating to marriage, family, parenthood and relationships, on an equal basis with others, so as to ensure that:
• The right of all PwD who are of marriageable age to marry and to find a family on the basis of free & full consent of the intending spouses is recognized;
• The rights of PwD to decide freely and responsibly on the number and spacing of their children and to have access to age-appropriate information, reproductive and family planning education are recognized, and the means necessary to enable them to exercise these rights are provided;
• PwD, including children, retain their fertility on an equal basis with others.
– Ensure the rights and responsibilities of PwD, with regard to guardianship, wardship, trusteeship, adoption of children or similar institutions; in all cases the best interests of the child shall be paramount.
– Ensure that children with disabilities have equal rights with respect to family life; prevent concealment, abandonment, neglect & segregation of children with disabilities; undertake to provide early and comprehensive information, services and support to children with disabilities and their families.
– Ensure that a child is not separated from his or her parents against their will. In no case, shall a child be separated from parents on the basis of a disability of either the child or one or both of the parents.
– Where the immediate family is unable to care for a child with disabilities, undertake every effort to provide alternative care within the wider family, and failing that, within the community in a family setting.
Article 24 – Education
1- To recognize the right of PwD to education.
With a view to realizing this right without discrimination and on the basis of equal opportunity, ensure an inclusive education system at all levels and lifelong learning directed to:
a. The full development of human potential and sense of dignity & self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;
b. Development of personality, talents and creativity, as well as mental & physical abilities, to their fullest potential;
c. Effective participation in a free society.
2. In realizing this right, to ensure that:
a) PwD are not excluded from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability;
b) PwD have access to inclusive, quality and free primary education and secondary education on an equal basis with others
c) Reasonable accommodation of the individual’s requirements
d) Provide the required support, within the general education system, to facilitate effective education;
e) Effective individualized support measures to maximize academic and social development, consistent with the goal of full inclusion.
3. To enable PwD to learn life and social development skills to facilitate their full & equal participation in education and as members of the community. To take appropriate measures, including:
a) Facilitating the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring;
b) Facilitating the learning of sign language and the promotion of the linguistic identity of the deaf community;
c) Ensuring that the education of persons, and in particular children, who are blind, deaf or deafblind, is delivered in the most appropriate languages and modes & means of communication for the individual, and in environments which maximize academic and social development.
4. In order to help ensure the realization of this right, take appropriate measures to employ teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train professionals and staff who work at all levels of education. Such training shall incorporate disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities.
5. To ensure that PwD are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others.
Hope you find the blog useful. To read the previous blogs on ‘Convention on the Rights of Persons with Disabilities’
https://specialsaathi.com/2023/05/24/convention-on-the-rights-of-persons-with-disabilities/ Part 1
https://specialsaathi.com/2023/06/21/by-shivani-lohia-2/ Part 3
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Author Shivani Lohia
Shivani Lohia is a Chartered Accountant by profession and mother to 8 years old child on the autism spectrum. The cause of autism awareness is very close to her heart and she strongly believes in equal education for all & strongly advocates inclusion. She has been homeschooling her son since he was 5 years old.
Creative representation for this blog is done by our extremely talented CreativeSaathi Pranjal Mishra