In this article, we discussed disability rights, the characteristics, furthermore we talked about the principles, global disability justice and the role of advocacy. the disability rights movement.
Definition
Disability rights are a set of legal and social protections that ensure people with disabilities have the same opportunities and freedoms as everyone else. The goal is to eliminate discrimination and remove barriers, both physical and attitudinal, that prevent them from participating fully in society. This includes rights related to employment, public accommodations, education, and transportation.
The Principles Disability Rights and Accessibility
Respect for Inherent Dignity and Autonomy:
Upholding the inherent dignity and individual autonomy of persons with disabilities, including the freedom to make their own choices.
Equality and Non-Discrimination:
Ensuring that people with disabilities are not discriminated against in any form or circumstance, which can be a factor of multiple, intersecting identities, such as gender.
Full and Effective Participation and Inclusion:
Promoting the active and full inclusion of people with disabilities in all facets of society, including economic, social, and cultural life.
Accessibility:
The right to access the environment, infrastructure, and services on an equal basis with others to ensure full independence and participation.
Specific Rights and Areas of Focus
Inclusive Education:
The right of persons with disabilities to receive education in mainstream settings, with appropriate support to enable full integration.
Employment:
Guaranteeing equal rights to employment and protection against discrimination in the workplace, ensuring opportunities for fair hiring, promotion, and equal pay.
Health and Reproductive Rights:
Free and informed consent for healthcare and protection of the right to found and maintain a family and retain fertility on an equal basis with others.
Liberty and Security:
Protection from unlawful or arbitrary deprivation of liberty, with a guarantee that a disability will not be a justification for such deprivation.
Legal Capacity:
Recognition as persons before the law, with the right to exercise legal capacity and access support to do so.
Protection from Violence and Harm:
Acknowledging that persons with disabilities, especially women and children, are often targets of violence and harm and must be protected by law.
Characteristics of Disability Rights
Non-Discrimination:
Individuals with disabilities have the right to be free from unfair treatment or prejudice based on their disability in any aspect of life, such as employment, housing, and public services.
Accessibility:
This includes the right to reasonable access to public places, transportation, information, and necessary materials, allowing for the full participation of people with disabilities.
Reasonable Accommodations/Adjustments:
Societies and employers are obligated to make reasonable modifications to buildings, rules, and practices to enable the inclusion and effective realization of rights for persons with disabilities.
Respect for Dignity and Autonomy:
Disability rights uphold the inherent dignity, individual autonomy, and the freedom for individuals with disabilities to make their own life choices and maintain independence.
Equality of Opportunity:
A core principle is ensuring that persons with disabilities have equal opportunities to participate in and contribute to society, similar to those without disabilities.
Inclusion:
Disability rights promote full and effective participation and inclusion in society, recognizing disability as part of human diversity.
Freedom from Exploitation:
Individuals with disabilities have a right to be free from exploitation, violence, and abuse.
Understanding Disability
Complex Phenomenon:
Disability is not solely a health issue but a complex phenomenon that arises from the interaction of a person’s impairment with societal barriers, including the environment, attitudes, and organization.
Types of Impairments:
Disabilities can be physical, mental, sensory, intellectual, or developmental, affecting a person’s ability to carry out day-to-day activities.
Legal Frameworks
Laws like the Americans with Disabilities Act (ADA) in the US and the Equality Act 2010 in the UK define disability and prohibit discrimination based on it.
The UN Convention on the Rights of Persons with Disabilities provides an international framework, emphasizing respect for dignity, autonomy, equality, and inclusion.
Global Disability Justice on Disability Rights:
UN Convention on the Rights of Persons with Disabilities (CRPD):
This landmark treaty sets out the fundamental rights of persons with disabilities, including the right to enjoy all human rights, equal opportunities in society and the economy, freedom of choice in their lives, and freedom from discrimination.
Access to Justice:
The CRPD mandates that States Parties ensure effective access to justice for people with disabilities, including providing necessary accommodations and training for justice system professionals.
Policy and Legal Frameworks:
Disability rights are advanced through national and international legislation, strategies, and mechanisms like the Global Disability Summit, which bring together governments and organizations to secure commitments and monitor progress on disability inclusion.
Disability Justice: A Broader Framework
Intersectional Analysis:
Disability justice highlights that people with disabilities experience oppression through multiple overlapping systems, including racism, sexism, colonialism, and ableism, which combine to create unique and compounded disadvantages.
Rooted in Social Oppression:
This framework argues that disability is not just a biological condition but is largely created and sustained by societal structures, particularly the way certain bodies and minds are labeled as “deviant” or “unproductive” within systems of power and capital.
Advocating for Transformation:
Disability justice calls for a more profound transformation, challenging the underlying social and economic structures that lead to marginalization and oppression, rather than just focusing on reforms.
Labor Justice:
It recognizes that economic empowerment and decent work are essential to achieving disability justice, advocating for strong relationships between disability and labor movements to address the significant wage gap and precarity faced by workers with disabilities.
The Role of Advocacy:
Giving Voice to the Voiceless:
Advocacy ensures that the perspectives and needs of individuals and communities, especially those in minority or under-represented groups, are heard and taken seriously.
Information and Decision-Making Support:
Advocates provide information and support to help people understand their rights, options, and available services, enabling them to make informed decisions.
Influencing Policy and Systems:
Advocacy aims to create systemic changes by influencing policymakers, legislators, and organizational leaders to adopt new policies or improve existing ones.
Promoting Social Justice and Equality:
A core goal of advocacy is to achieve greater social justice and equality for all people by fighting against disparities and advocating for human rights.
Building Evidence and Awareness:
Advocates gather evidence to build strong arguments for change and use various platforms, including mass media and social media, to raise public awareness and inform people about important issues.
Mobilizing Resources:
Advocacy involves creating coalitions, forming partnerships, and mobilizing people and resources to support a particular cause or campaign.
The Disability Rights Movement:
Legislation
Several landmark laws have been enacted to protect the rights of people with disabilities.
Rehabilitation Act of 1973: Section 504 of this U.S. law was a crucial early victory, prohibiting discrimination against people with disabilities in programs and activities that receive federal funding.
Americans with Disabilities Act (ADA) of 1990: A comprehensive U.S. civil rights law that prohibits discrimination on the basis of disability in employment, public services, public accommodations, and telecommunications. It is responsible for many of the accessibility features we see today, like curb cuts and ramps.
Individuals with Disabilities Education Act (IDEA): This U.S. law ensures that children with disabilities have the right to a free and appropriate public education in the least restrictive environment possible, with a focus on creating an Individualized Education Program (IEP) for each student.
Discrimination Against Persons with Disabilities (Prohibition) Act of 2018 (Nigeria): This law prohibits discrimination against people with disabilities in Nigeria and establishes a commission to oversee their rights to education, health, and employment. It mandates that public buildings and transportation be made accessible within a specific transitional period.
Conclusion
Disability rights and accessibility are about ensuring persons with disabilities can participate fully in society by guaranteeing their rights and access to physical environments, transportation, information, and services. Key legislation includes Nigeria’s Discrimination against Persons with Disability (Prohibition) Act, 2018, which mandates accessibility and establishes a national commission to promote these rights.