| INFORMATION & RESEARCH SERVICES |
||||||||||||||||||||||||||||||||||||||
|
Disabilty Resolutions
UN World Human Rights Day Inquiry into the
Rights of People with Disabilities
Draft Recommendations
Fiji Human Rights Commission
Suva, 10 December 2002
Preamble:
We, members of the Fiji Human Rights Commission, representatives of Government and Civil Society and people with disabilities gathered for an Inquiry into the Rights of People with Disabilities in Fiji on the United Nations World Human Rights Day:
-
Affirm that disability is a human rights issue and that people with disabilities have the same inalienable rights to life and welfare, education and work, access to all community facilities, self-determination, independent living and active participation in all aspects of society as all other human beings;
-
Uphold the principles of the United Nations Declaration on the Rights of Disabled Persons 1975 which states that people with disabilities have an inherent right to respect for their human dignity, the same civil and political rights as other human beings, the right to measures designed to enable them to become as self reliant as possible, the right to economic and social security and the right to medical, psychological and functional treatment, to medical and social rehabilitation, education, vocational training and rehabilitation, aid, counselling, placement services and other services which will enable them to develop their capabilities and skills to the maximum and will hasten the processes of their social integration or reintegration;
-
Recognise that most United Nations Conventions, with the exception of the Convention on the Rights of the Child, refer only indirectly to the rights of persons with disabilities, and further recognise that other international instruments (such as United Nations Declaration on the Rights of Disabled Persons and the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities) which make specific references to people with disabilities are non-binding;
-
Affirm the principles of relevant disability-specific United Nations instruments, mandates and recommendations, including General Assembly resolutions 2856 (XXVI) of 20 December 1971 on the Declaration on the Rights of Mentally Retarded Persons, 3447 (XXX) of 9 December 1975 on the Declaration on the Rights of Disabled Persons, 37/52 of 3 December 1982 on the World Program of Action concerning Disabled Persons, the Rehabilitation and Employment (Disabled Persons) Convention (No. 159), 1983, adopted by the International Labour Organization on 20 June 1983, and its recommendation on that Convention, General Assembly resolution 48/96 of 20 December 1993 on Standard Rules on the Equalization of Opportunities for Persons with Disabilities and the Salamanca Statement and Framework for Action on Special Needs Education;
-
Recall that following the International Year of Disabled Persons in 1981, the UN General Assembly, in its resolution 37/52 of 3 December 1982, adopted the World Program of Action concerning Disabled Persons, aimed at achieving full participation and equality and protection of rights of persons with disabilities;
-
Understand that over the last two decades, advocates have sought to develop and adopt a legally binding international treaty specifically focused on the issue of disability and to this end, the Beijing Declaration on the Rights of People with Disabilities called for a wide consultation process with NGOs, UN organizations and governments aimed at the preparation and adoption of an international convention to promote and protect the rights of people with disabilities;
-
Welcome the establishment in December 2001 by the United Nations General Assembly of an Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities to consider proposals for an international convention to promote and protect the rights and dignity of persons with disabilities;
-
Affirm recommendations made by the Ad Hoc Committee at a meeting in New York (July/August 2002) that States should be encouraged to hold meetings or seminars to contribute to the work of the Ad Hoc Committee and that the UN Secretary General seek views on proposals for a convention from States, UN Bodies, regional commissions, inter-governmental organizations, NGOs, national disability and national human rights institutions;
National Perspective
-
Note that Section 38 (1) of the Constitution of Fiji states that every person has a right to equality before the law, and that 38 (2) further prohibits people from unfairly discriminating, directly or indirectly, against other persons on a number of grounds including disability, and that people with disabilities have right of access to all public places (subsection 4) and proprietors of public places must facilitate reasonable access for people with disabilities (subsection 5);
-
Recognise that Section 39 of the Constitution of Fiji stipulates that every person has the right to basic education and equal access to educational institutions, including people with disabilities who cannot be discriminated against on the basis of their disability and refused access or admission to a place of education,
-
Recall that disability is a prohibited ground for discrimination under Section 17 of the Fiji Human Rights Commission Act 1999 , which applies to discrimination in the fields of employment, applying for work, providing approval for licenses or trade, calling or profession, the provision of housing, land or other accommodation and access to and participation in education;
-
Affirm the actions of the Government of Fiji in facilitating programs with individual Government Departments, wherever they exist, to assist people with disabilities;
-
Adopt the following Disability Action Plan.
Disability Action Plan
Goal: to promote an inclusive, barrier-free and rights-based society for people with disabilities in Fiji.
Fiji Government and Human Rights Commission Procedures
-
Urge the Government of Fiji to participate in the development of a Draft Convention on the Rights of People with Disabilities which recognizes the directions taken towards a more human rights based approach.
-
Request the Government of Fiji to establish a Cabinet Committee, including representatives of organisations of people with disabilities to assist it to make representations to States Parties discussions on the proposed UN Convention on the Rights of People with Disabilities and to implement this Disability Action Plan.
-
Urge the Fiji Human Rights Commission to monitor development of the draft Convention and make recommendations on the continued implementation of this Disability Action Plan in line with its functions of promoting and protecting the human rights of all persons in Fiji.
-
Encourage the establishment of a National Disability Advisory Group which will includes representatives of organisations of people with disabilities and regularly provides advice to the Fiji Human Rights Commission on the concerns and interests of people with disabilities, caregivers and service providers and will assist the Commission to refine and carry out this Disability Action Plan which addresses the following priority areas.
Underlying Principles
-
Persons with disabilities are the most qualified and best equipped to support, inform and advocate for themselves and other people with disabilities. Evidence suggests that the quality of life of persons with disabilities, and of the broader community, improves when disabled persons themselves actively voice their concerns and participate in decision-making. Self-help organizations are the most qualified, best informed and most motivated to speak on their own behalf concerning the proper design and implementation of policy, legislation and strategies which will ensure their full participation in social, economic, cultural and political life and enable them to contribute to the development of their communities.
-
Women with disabilities are one of the most marginalized groups in society, as they are multiply disadvantaged through their status as women, as persons with disabilities, and are over-represented among persons living in poverty. Women and girls with disabilities, to a greater extent than boys and men with disabilities, face discrimination within the family, are denied access to health care, education, vocational training, employment and income generating opportunities, and are excluded from social and community activities.
-
Women and girls with disabilities encounter further discrimination as they are exposed to greater risk of physical and sexual abuse, denial of their reproductive rights, and reduced opportunity to enter marriage and family life. In rural areas girls and women are more disadvantaged, with higher rates of illiteracy, and lack of access to information and services. Stigmatised and rejected from earliest childhood and denied opportunities for development, girls with disabilities grow up lacking a sense of self-worth and self-esteem and are denied access to the roles of women in their communities.
Education
Exclusion from education and training prevents the achievement of economic and social independence for people with disabilities and increases their vulnerability to poverty. To prevent this, Government can work to ensure the provision of appropriate education which responds to the needs of people with all types of disabilities. Inclusive education, meaning access to education in regular local neighborhood or community schools or institutions, provides the best opportunity for the majority of people with disabilities to receive an education at all levels. Inclusive education also breaks down barriers and negative attitudes towards disability and facilitates social integration of people with disabilities in local communities.
Goal : to ensure that children and adults with disabilities will be able to participate in primary, secondary and tertiary education in their local communities.
Strategies :
-
Government to enact legislation and formulate educational policy and planning (in consultation with families and organizations of people with disabilities) to develop educational programs that will enable people with disabilities to attend their local primary or secondary schools or tertiary institutions. Policy implementation needs to prepare the education system for inclusive education where appropriate.
-
Teacher training to provide methodology and techniques for teaching children with diverse abilities;
-
Curriculum development to promote positive attitudes to the education of children with disabilities;
-
Modifications to the education environment to improve access to educational facilities for people with disabilities
-
Adequate public budgetary allocation for the education of people with disabilities.
-
Access to public places
Inaccessibility to the built environment, including public transport, is a
-
major barrier which prevents people with disabilities from actively participating in social and economic life. The Constitution of Fiji recognizes that people with disabilities have a basic right to access public
-
places such as shops, hotels, lodging-houses, public restaurants, entertainment venues, public transport services, taxis and public spaces. Further, the Constitution requires that the proprietors of these places or services must facilitate reasonable access for people with disabilities.
Goal : to create built environments, public spaces and transports systemsthat are accessible to people with disabilities.
Strategies:
-
Government to adopt and enforce a building code applying to refurbishment of existing public facilities and infrastructure as well as planning for new public facilities and infrastructure and for the implementation of accessibility standards for transport.
-
Promote inclusive/universal design approaches in professional education courses in architecture; planning and engineering that recognize the needs of people with disabilities.
Housing
Housing is a basic requirement for every member of the community including people with disabilities. The provision of adequate housing is integral to the economic and social inclusion of people with disabilities in the community. Therefore, housing needs to be available, and housing design needs to take into account the capacity for houses to be adapted to meet the needs of people with disabilities.
Goal: to ensure the availability of housing for people with disabilities and that it is designed to be adaptable to the needs of people with disabilities.
-
Strategies:
-
Relevant housing authorities to take account of the needs of people with disabilities in allocating housing and adjusting it to meet their specific requirements.
-
Improve attitudes of private owners of housing towards occupiers of that housing who are people with disabilities.
-
Building codes relating to housing to take into account adaptability in order to meet the needs of people with disabilities.
-
Education of appropriate professionals to draw to their attention creative housing design that is responsive to the needs of people with disabilities.
Access to places of worship
The Constitution of Fiji (Section 35) recognizes that religion is integral to the fabric of Fiji society. It is important that people with disabilities have the opportunity for equal participation in this area of community activity. For this reason, it is important that places of worship and the conduct of religious ceremonies make provision for people with disabilities.
Goal : to ensure that places of worship and religious ceremonies are accessible to people with disabilities.
Strategies:
-
Religious leaders, in consultation with organizations of people with disabilities, to develop strategies to achieve this goal including.
-
making places of worship physically accessible.
-
communicating religious ceremonies in forms that are accessible to people with disabilities such as sign language, interpreting and hearing augmentation.
-
making relevant material available in alternative formats such as Braille.
Access to information and communication
The rapid development of information and communication technologies has had both positive and negative impacts on people with disabilities. New technology has opened up opportunities for people with disabilities to secure employment and to live independently.
However, the new information society has also given rise to problems for people with disabilities such as online processes for registration, banking or shopping transactions which may not be accessible to people with visual, auditory, physical or cognitive/intellectual disabilities.
Goal : to improve access to information and communications technology for people with disabilities.
Strategies:
-
Conduct and encourage awareness raising training for information and communications technology (ICT) policy makers, regulatory agencies, representatives of ICT companies to improve understanding of disability issues.
-
Support computer literacy training and capacity building for people with disabilities.
-
Provide various forms of incentives, including exemption of duties for ICT devices used by people with disabilities and subsidize the cost of assertive technology equipment to ensure that they are affordable for people with disabilities in need.
-
Adopt and support ICT development based on international standards which are universal/open/non-proprietary to ensure the long-term commitment to ICT accessibility for people with disabilities among all sectors, with special attention to standards that have accessibility components and features with a proven record of effectiveness. Examples of these are the Web Accessibility Initiative of the World Wide Web Consortium and the Digital Accessible Information System Consortium.
Adequate provision of social security
Poverty is both a cause and consequence of disability. Poverty and disability reinforce one another, contributing to increased vulnerability and exclusion. The adequate provision of social security to people with disabilities is of particular importance given that disability exacerbates poverty by diminishing access to a means of livelihood and increasing the likelihood of isolation from the workplace.
Goal: to ensure the adequate provision of social security for people with disabilities.
Strategies:
-
Government to recognize the extra costs of disability in the development of social security policy.
-
Government to specifically include people with disabilities as a priority group in social security and poverty alleviation programs.
-
Government to allocate adequate rural development and poverty alleviation funds towards services that benefit people with disabilities.
Provision of adequate and appropriate health care
Article 12 of the International Covenant on Economic, Social and Cultural Rights recognizes the rights of everyone to the highest attainable standard of physical and mental health. The right to health includes " a wide range of socio-economic factors that promote conditions in which people can lead a healthy life" and that "health facilities, goods and services must be within safe physical reach for all sections of the population, especially for vulnerable or marginalized groups such as.persons with disabilities." (General Comment 14).
Goal : to ensure the provision of adequate and appropriate health care for people with disabilities.
Strategies:
-
General health services to be accessible to people with disabilities.
-
Programs aimed at disability prevention and rehabilitation to be included in Government plans, policies and budgets.
-
Health service delivery structures to include rehabilitation services.
Access to employment
People with disabilities have a right engage in work according to their talents and abilities and ought not be excluded on the basis of the disability. They require the same education, vocational training, employment and business development opportunities available to everyone else. Section 17 of the Fiji Human Rights Commission Act 1999 prohibits discrimination against people with disabilities in applying for or procuring employment or in the provision of approval for a qualification that is needed for any trade, calling or profession or in training or facilities or opportunities for training to help fit a person for any employment. In this context, it should be noted that the level of unemployment for people with disabilities in Fiji is far higher than the level of unemployment for those who are not disabled.
Goal: to improve access to employment and vocational training opportunities for people with disabilities.
Strategies:
-
Implement mechanisms to include people with disabilities in training, employment and self-employment programs.
-
Develop and implement employer incentives and affirmative action programs to employ persons with disabilities and to recognize that Government, as a major employer, could be a model employer with regard to the hiring, retention and advancement of workers with disabilities.
-
Enforce anti-discrimination legislation that protects the right of workers with disabilities.