Categories
BloggerSaathi

Convention on the Rights of Persons with Disabilities – Part 7

Hello friends,
Continuing with my series on ‘Convention on the Rights of Persons with Disabilities’, presenting last part of this series where I have briefly discussed Articles 28, 29 and 30 of CRPD.

Article 28
Adequate standard of living and social protection

To recognize the right of PwD to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions
To recognize the right of PwD to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures:
a) To ensure equal access by PwD to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disability-related needs;
b) To ensure access by PwD, in particular women and girls with disabilities and older persons with disabilities, to social protection programmes and poverty reduction programmes;
c) To ensure access by PwD and their families living in situations of poverty to assistance from the State with disability-related expenses, including adequate training, counselling, financial assistance and respite care;
d) To ensure access by PwD to public housing programmes;
e) To ensure equal access by PwD to retirement benefits and programmes

Read about ‘Clubbing of income earned by special needs childhttps://www.autismfinancialplanning.com/clubbing-of-income-earned-by-special-needs-child/




Article 28
Adequate standard of living and social protection

Article 29
Participation in political and public life

Article 30
Participation in cultural life, recreation, leisure & sport


Article 29
Participation in political and public life
●To guarantee to PwD political rights and the opportunity to enjoy them on an equal basis with others, and undertake:
a) To ensure that PwD can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for PwD to vote and be elected, inter alia, by:
i. Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
ii. Protecting the right of PwD to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;
iii. Guaranteeing the free expression of the will of PwD as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;
b) To promote actively an environment in which PwD can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
i. Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;
ii. Forming and joining organizations of PwD to represent PwD at international, national, regional and local levels.

Article 30
Participation in cultural life, recreation, leisure and sport
To recognize the right of PwD to take part on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that PwD:
a) Enjoy access to cultural materials in accessible formats;
b) Enjoy access to television programmes, films, theatre and other cultural activities, in accessible formats;
c) Enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance.
To take appropriate measures to enable PwD to have the opportunity to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society.
To take all appropriate steps, in accordance with international law, to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by PwD to cultural materials.
4. PwD shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture.
5. With a view to enabling PwD to participate on an equal basis with others in recreational, leisure and sporting activities, take appropriate measures:
a) To encourage and promote the participation, to the fullest extent possible, of PwD in mainstream sporting activities at all levels;
b) To ensure that PwD have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources;
c) To ensure that PwD have access to sporting, recreational and tourism venues;
d) To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system;
e) To ensure that PwD have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities.
In all the seven parts of this series, I have discussed important Articles of ‘Convention on the Rights of Persons with Disabilities’. Hope you found all the blogs useful. Feel free to share your thoughts on WhatsApp number +919910353219 or email at contact@autismfinancialplanning.com


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



Categories
BloggerSaathi

Convention on the Rights of Persons with Disabilities – Part 6

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.


Read about ‘Income Tax Deduction under Section 80U’ https://www.autismfinancialplanning.com/section-80u-income-tax-deduction-for-person-with-autism/

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).

http://www.autismfinancialplanning.com


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.


Hope you find the blog useful. Feel free to share your thoughts on WhatsApp number +919910353219 or email contact@autismfinancialplanning.com

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

Categories
BloggerSaathi

Convention on the Rights of Persons with Disabilities – Part 5

Convention on the Rights of Persons with Disabilities – Part 5

Hello Friends

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.

Read ‘Tax benefits for Persons with Disabilities’ https://www.autismfinancialplanning.com/tax-benefits/
Freedom of expression, opinion & access to information
Respect for privacy
Respect for home & family
Education
http://www.autismfinancialplanning.com



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/2023/06/07/convention-on-the-rights-of-persons-with-disabilities-part-2/

https://specialsaathi.com/2023/06/21/by-shivani-lohia-2/ Part 3

https://specialsaathi.com/2023/07/05/convention-on-rights-of-persons-with-disabilities-part-4/

Feel free to share your thoughts on WhatsApp number +919910353219 or email contact@autismfinancialplanning.com
Read more about ‘Financial Planning for Special Needs Individuals’, click http://www.autismfinancialplanning.com


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

Categories
BloggerSaathi

Convention on Rights of Persons with Disabilities – Part 4



Hello friends!
Continuing with my series on ‘Convention on Rights of Persons with disabilities’, this is the 4th part covering Articles 13 to 20.

Article 13 – Access to justice

•Ensuring Persons with disabilities (PwD) have effective access to justice on an equal basis with others through the provision of procedural & age-appropriate accommodations at all stages.
•Promoting appropriate training for those working in the field of administration of justice, including police and prison staff to help ensure effective access to justice for PwD.

Article 14 – Liberty and security of person

▪︎Ensure that PwD enjoy the right to liberty & security of person on an equal basis with others and are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a disability shall in no case justify a deprivation of liberty.
▪︎Ensure that if PwD are deprived of their liberty through any process, they are, on an equal basis with others, entitled to guarantees in accordance with international human rights law and shall be treated in compliance with the objectives and principles of the present Convention, including by provision of reasonable accommodation.
▪︎Access to justice
▪︎Liberty & security
▪︎Freedom from torture/inhuman treatment
▪︎Freedom from exploitation, violence & abuse
▪︎Protecting integrity
▪︎Liberty of movement & nationality
▪︎Independent & inclusive living
▪︎Personal mobility

http://www.autismfinancialplanning.com


Article 15 – Freedom from torture or cruel, inhuman or degrading treatment or punishment

•No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Also, no one shall be subjected to medical or scientific experimentation without his or her free consent.
•All effective legislative, administrative, judicial or other measures should be taken to prevent PwD, on an equal basis with others, from being subjected to torture or inhuman or degrading treatment or punishment.

Article 16 – Freedom from exploitation, violence and abuse

▪︎All appropriate legislative, administrative, social, educational and other measures to protect PwD from all forms of exploitation, violence & abuse, including the gender-based aspects, both within and outside the home.
▪︎Taking all appropriate measures to prevent all forms of exploitation, violence & abuse by ensuring appropriate forms of gender & age sensitive assistance and support for PwD and their families and caregivers through provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse.
▪︎All facilities and programmes designed to serve PwD to be effectively monitored by independent authorities.
▪︎To take all appropriate measures to promote physical, cognitive & psychological recovery, rehabilitation & social reintegration of PwD who become victims of any form of exploitation, violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in an environment that fosters the health, welfare, self-respect, dignity & autonomy of the person and takes into account gender and age specific needs.
▪︎To put in place effective legislation and policies, including women & child focused legislation and policies, to ensure that instances of exploitation, violence & abuse against PwD are identified, investigated and, where appropriate, prosecuted.

Article 17 – Protecting the integrity of the person

Every PwD has a right to respect for his or her physical and mental integrity on an equal basis with others.

Read ‘Trust for Special Needs Person’
https://www.autismfinancialplanning.com/special-needs-person-trust-faqs/

Article 18 – Liberty of movement and nationality


•Recognize the rights of PwD to liberty of movement, to freedom to choose their residence and to a nationality, on an equal basis with others, including by ensuring that PwD:
a) Have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability;
b) Are not deprived, on the basis of disability, of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement;
c) Are free to leave any country, including their own;
d) Are not deprived, arbitrarily or on the basis of disability, of the right to enter their own country.
•Children with disabilities shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by their parents.

Article 19 – Living independently and being included in the community


Recognize the equal right of all PwD to live in the community, with choices equal to others, and take effective & appropriate measures to facilitate full enjoyment by PwD of this right and their full inclusion and participation in the community, including by ensuring that:
a) PwD have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;
b) PwD have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;
c) Community services and facilities for the general population are available on an equal basis to PwD and are responsive to their needs.

Article 20 – Personal mobility


•Take effective measures to ensure personal mobility with the greatest possible independence for PwD, including by:
a) Facilitating the personal mobility of PwD in the manner and at the time of their choice, and at affordable cost;
b) Facilitating access by PwD to quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries, including by making them available at affordable cost;
c) Providing training in mobility skills to PwD and to specialist staff working with them
d) Encouraging entities that produce mobility aids, devices and assistive technologies to take into account all aspects of mobility for PwD.

Hope you find the blog useful. Feel free to share your thoughts on WhatsApp number +91 9910353219 or email contact@autismfinancialplanning.com .

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

Categories
BloggerSaathi

Convention on Rights of Persons with Disabilities – Part 3

Convention on Rights of Persons with Disabilities – Part 3


Hello friends!

Continuing with UN Convention on Rights of Persons with Disabilities, in today’s blog, I have discussed Articles 6,7,10, 11 and 12.

Article 6 – Women with disabilities
– Women and girls with disabilities are subject to multiple discrimination, hence measures need to be taken to ensure full and equal enjoyment by them of all human rights and fundamental freedoms.
– All appropriate measures should be taken to ensure full development, advancement & empowerment of women, for the purpose of guaranteeing them exercise and enjoyment of all human rights and fundamental freedoms set out in the present Convention.

Article 7 – Children with disabilities
– All necessary measures to be taken for ensuring full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
– The best interests of the children shall be the primary consideration while taking any action concerning children with disabilities. .
– To ensure that children with disabilities have the right to express their views freely on all matters affecting them and that their views are given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right.


Article 10 – Right to life

To reaffirm that every human being has inherent right to life and to take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.
Read about Legal Guardian for Person with Disabilities https://www.autismfinancialplanning.com/legal-guardian-1/

Article 11 – Situations of risk and humanitarian emergencies
In accordance with their obligations under international law, including international humanitarian law & international human rights law, the States Parties shall take all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurence of natural disasters.

Article 12 – Equal recognition before the law
– To reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
– To recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
– To take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.
– To ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person’s rights and interests.
– Subject to the provisions of this article, all appropriate and effective measures should be taken to ensure equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.


Feel free to share your thoughts on WhatsApp number +91 9910353219. Also, you can email on contact@autismfinancialplanning.com

To learn about ‘Financial Planning for Special Needs Families’, visit http://www.autismfinancialplanning.com

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