Day: August 2, 2023

Convention on the Rights of Persons with Disabilities – Part 6

Hello friends!
Continuing with my blog series on “Convention on the Rights of Persons with Disabilities”, in today’s blog, I have discussed Articles 25, 26 and 27 of CRPD.

Persons with Disabilities (PwD) have equal right to health care, rehabilitation and work & employment. Articles 25, 26 and 27 discuss these. Let’s have a look at these Articles.

Article 25 – Health
– PwD have the right to the enjoyment of the highest attainable standard of health without discrimination
– All appropriate measures should be taken to ensure access for PwD to health services that are gender-sensitive, including health-related rehabilitation
– PwD are provided with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population-based public health programmes
– These health services should include early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons
– Making available these health services in rural areas
– Health professionals should provide care of the same quality to PwD as to others, including raising awareness of the human rights, dignity, autonomy and needs of PwD through training and the promulgation of ethical standards for public and private health care
– Prohibiting discrimination against PwD in the provision of health insurance and life insurance
– Prevention of discriminatory denial of health care or health services on the basis of disability.

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Article 26 – Habilitation and rehabilitation

Habilitation refers to a process aimed at helping individuals with disabilities attain, keep, or improve skills and functioning for daily living.
Rehabilitation is care that can help you get back, keep, or improve abilities that you need for daily life. These abilities may be physical, mental, and/or cognitive (thinking and learning).

Provisions of Article 26 are as under-
– To take effective and appropriate measures, to enable PwD to attain & maintain maximum independence, full physical, mental, social & vocational ability, and full inclusion and participation in all aspects of life.
– To organize, strengthen and extend comprehensive habilitation & rehabilitation services and programmes, particularly in the areas of health, employment, education and social services, in such a way that these services and programmes:
a) are based on the multidisciplinary assessment of individual needs and strengths and begin at the earliest possible stage
b)are voluntary, available to PwD as close as possible to their own communities, including in rural areas, and support participation & inclusion in the community and all aspects of society
– To promote the development of initial & continuing training for professionals and staff working in habilitation and rehabilitation services.
– To promote the availability, knowledge and use of assistive devices & technologies designed for PwD

Article 27 – Work and employment
– To recognize the right of PwD to work, on an equal basis with others
– This includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to PwD.
– To safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to, inter alia:
a) Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement and safe & healthy working conditions
b) Protect the rights of PwD on an equal basis with others, to just & favourable conditions of work, including equal opportunities & equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and redress of grievances
c) To ensure that PwD are able to exercise their labour and trade union rights on an equal basis with others
d) Enable PwD to have effective access to general technical & vocational guidance programmes, placement services and vocational & continuing training;
e) To promote employment opportunities and career advancement for PwD in labour market, as well as assistance in finding, obtaining, maintaining and returning to employment
f) To promote opportunities for self-employment, entrepreneurship, development of cooperatives and starting one’s own business
g) Employing PwD in the public sector
h) To promote the employment of PwD in the private sector through appropriate policies and measures, which may include affirmative action programmes, incentives and other measures
i) Ensure that reasonable accommodation is provided to PwD in the workplace
j) Promote the acquisition by PwD of work experience in the open labour market
k) Promote vocational & professional rehabilitation, job retention and return-to-work programmes for PwD.
– To ensure that PwD are not held in slavery or in servitude, and are protected, on an equal basis with others, from forced or compulsory labour.

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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.

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