International Covenant on Civil and Political rights (ICCPR)
The following articles of the covenants are relevant from the point of view of the employment rights of the disabled:Article 6 – Right to lifeArticle 7 -Freedom from torture, cruel, inhuman or degrading treatment, and punishmentArticle 9 – Right to liberty and security of personsArticle 2, 3, and 26 – Right to equality and the right to take part in public affairs
Physical Disability in India
The rights which should not be taken by the government or an individual are fundamental. They consist within its gamut the right to liberty and life, right to freedom of expression and speech, equality, freedom of movement, right to education, etc., these rights cover not only cover political but also social, cultural, and economic dimensions. The main aim is to promote social progress and better standard of living. The human rights movement has intrepidly and firmly shifted the interest of policymakers from the simple rider of benevolent services to enthusiastically protecting their basic right to dignity and self-respect. In this new scenario, the individuals with a disability are viewed as individuals with a wide range of abilities and each one of them willing and capable to utilize his/her talents (Siperstein, Romano, Mohler, & Parker, 2006). On the other hand, the society is seen as the real cause of the misery of individuals with disabilities since it continues to put numerous barriers as expressed in education, employment, architecture, transport, health, and numerous other activities.
Advances in surgical and medical sciences, greater knowledge of the causes of disability, improved methods of coping with disability, breakthroughs in technology, and increasing consciousness of civil rights and the emergence of people with disabilities displaying skills and knowledge to improve their own lives, are some of the factors which have contributed to the new thinking that the individuals with disability also deserve a decorous status in society as the normal individuals.
Human rights have become a matter of international concern and their advocates are exercising helpful influence across cultural and geographical boundaries. Lot of countries is opting for laws which are in favor to individuals with disability. Any direct/indirect discrimination against individuals with disability is punishable by the legislation. A logical and broad framework for the encouragement of just and fair policies and their efficient implementation are established by the legislation. The legislation has drafted formal procedures which hasten the process of full and total integration of the disabled in the society. Individuals with disability are an enormous minority group, and have been subjected to direct and indirect discrimination for centuries in most countries of the world, including India.
In India the number of individuals with disability is so large, they have complex problems, limited scarce resources and social attitudes so detrimental, it is only legislation which can ultimately bring about a substantial change in an unvarying manner. Though legislation cannot alone radically change the fabric of a society in a short span of time, it can, however, augment ease of admittance of the disabled to education and employment and means of transport and communication. The impact of well- planned legislation in the long run would be insightful and liberating.
In order to ensure better protection of human rights of individuals with disability, The individuals with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was formed in the year 1995 in order to give effect to the proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and pacific Region. Chapter 6 of the Act deals with employment and contains various incidental provisions linked thereto. The relevant laws are mentioned below: