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Implication of UNCRPDImplication of UNCRPD for for

National InstitutesNational InstitutesDr. Tomy MampillyDr. Tomy Mampilly

Director (I/C), NIEPMDDirector (I/C), NIEPMD

UN Headquarters

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UN- United Nations Organization has been UN- United Nations Organization has been funded by US President Franklin D funded by US President Franklin D Roosevelt and British Prime Minister Roosevelt and British Prime Minister Winston Churchchill on August 14Winston Churchchill on August 14thth 1941. 1941.

Its Headquarters is Peace Plaza in New York. It has members from 185 countries.

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UNCRPDUNCRPD UNCRPD and its Optional Protocol- has UNCRPD and its Optional Protocol- has

already come into force and needs to be already come into force and needs to be implemented.implemented.

UNCRPD is the first human rights treaty to be UNCRPD is the first human rights treaty to be

finalized in this century.finalized in this century.

The international community has shown The international community has shown readiness to recognize that disability is a readiness to recognize that disability is a human rights issuehuman rights issue

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What is a convention ?What is a convention ?

A convention is a A convention is a legally binding legally binding agreement made agreement made between two or more between two or more countries.countries.

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SNSN ConventionConvention Declarations (UN drafts)Declarations (UN drafts)

11 Is a legal commitmentIs a legal commitment Are not legally binding on Are not legally binding on countriescountries

22 Has to be implementedHas to be implemented Countries may or may not Countries may or may not implement themimplement them

44 Hard lawHard law Soft lawsSoft laws

55 e.g: UNCRPDe.g: UNCRPD e.g: PWD Act (1995)e.g: PWD Act (1995)

Differences between Differences between Convention & DeclarationConvention & Declaration

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Once the Convention has been drafted Once the Convention has been drafted it is first adapted by the UN General it is first adapted by the UN General AssemblyAssembly

UNCRPD & Optional Protocol was UNCRPD & Optional Protocol was unanimously adopted by the UN Gen. unanimously adopted by the UN Gen. Association on 13Association on 13thth Dec 2006 Dec 2006

After it was adopted, it was opened for After it was adopted, it was opened for signature on March 30signature on March 30thth 2007. 2007.

81 countries signed the convention on 81 countries signed the convention on the first day.the first day.

India was among the first countries to India was among the first countries to sign the convention. sign the convention.

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After signing the convention it goes After signing the convention it goes through another formal process called through another formal process called Ratification i.e. by the Parliament of Ratification i.e. by the Parliament of UN.UN.

Later the convention is called the state Later the convention is called the state Policy, where necessary steps are taken Policy, where necessary steps are taken to make sure that the citizens of country to make sure that the citizens of country enjoy the rights in the convention.enjoy the rights in the convention.

India ratified the convention on October India ratified the convention on October 11stst 2007. 2007.

Now the convention comes into force- Now the convention comes into force- meaning implementation.meaning implementation.

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WHY do we need UNCRPD ?WHY do we need UNCRPD ? ““Existing human rights convention have Existing human rights convention have

been underutilized for disability issues” been underutilized for disability issues” ( Quote- special rapporteur on disability-( Quote- special rapporteur on disability-

UN)UN) PWDs isolated and separate; voices & PWDs isolated and separate; voices &

concerns not heard & addressed.concerns not heard & addressed. Govt’s reports rarely take the situation Govt’s reports rarely take the situation

of children or women with disabilities.of children or women with disabilities. Policies and programmes of Govt rarely Policies and programmes of Govt rarely

include all the concerns of PWDs.include all the concerns of PWDs.

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Establishment of Establishment of NIsNIs

NIRTARNIRTAR -- 19741974 IPHIPH -- 19751975 NIOHNIOH -- 19781978 NIVHNIVH -- 19791979 NIHHNIHH -- 19831983 NIMHNIMH -- 19841984 NIEPMDNIEPMD -- 20052005

NIRTAR

NIHH

IPH

NIMH

NIEPMD

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Establishment of Establishment of CRC’sCRC’s

BhopalBhopal -- 20002000 SrinagarSrinagar -- 20002000 GuwahatiGuwahati -- 20012001 SundernagarSundernagar -- 20012001 LucknowLucknow -- 20012001 PatnaPatna -- 20092009

CRC, Sundernagar

CRC, Srinagar

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Objectives of NI’s and Objectives of NI’s and CRC’sCRC’s Appropriate models of care and rehabilitation suitable Appropriate models of care and rehabilitation suitable

to Indian conditions.to Indian conditions.

Human Resource Development for delivery of services. Human Resource Development for delivery of services.

Identify, conduct and coordinate research. Identify, conduct and coordinate research.

Consultancy services and assistance to voluntary Consultancy services and assistance to voluntary organizations. organizations.

Documentation and information centre Documentation and information centre

Statistics- magnitude/causes, rural-urban composition, Statistics- magnitude/causes, rural-urban composition, socio-economic factors, etc. socio-economic factors, etc.

Promote and stimulate growth of various kinds of Promote and stimulate growth of various kinds of quality resources in the country and in the state.quality resources in the country and in the state.

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NI’s Compliance with UNCRPDNI’s Compliance with UNCRPD

NIs

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Actions taken by NIs Actions taken by NIs Article 7- CWDsArticle 7- CWDs

R & D activities for CWMR and othersR & D activities for CWMR and others

EIcs for persons with hearing impairmentEIcs for persons with hearing impairment

Training normal school teachers in issues of Training normal school teachers in issues of Locomotor Disabilities Locomotor Disabilities

Longitudinal study on CP children's since Longitudinal study on CP children's since 1992.1992.

NIEPMD- Early intervention services, Special NIEPMD- Early intervention services, Special Education services to the children with Education services to the children with multiple disabilities.multiple disabilities.

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Actions taken by NIs Actions taken by NIs Article 8- Awareness RaisingArticle 8- Awareness Raising

• Awareness Materials on Mental Awareness Materials on Mental Retardation- books, posters, booklets, Retardation- books, posters, booklets, leaflets, flip charts and multimedia mass leaflets, flip charts and multimedia mass communication tools like short films CDs communication tools like short films CDs etc.etc.

Mega serial in Marathi language regarding Mega serial in Marathi language regarding rehabilitation & intervention broadcasted rehabilitation & intervention broadcasted on AIR.on AIR.

Launched informative and interactive Launched informative and interactive accessible (WCAG 1.0) website on speech accessible (WCAG 1.0) website on speech and hearing.and hearing.

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Actions taken by NIs Actions taken by NIs Article 8- Awareness Raising (cont…)Article 8- Awareness Raising (cont…)

Training to the railway porter- Pilot Training to the railway porter- Pilot Training & awareness programme at Training & awareness programme at Sealdah station Kolkata, WB on 5Sealdah station Kolkata, WB on 5thth March 2010March 2010. .

The MSJ & E project- Causes, The MSJ & E project- Causes, prevention and identification of prevention and identification of persons with disabilities- orientation persons with disabilities- orientation and sensitization programme for and sensitization programme for Anganwadi workers.Anganwadi workers.

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Actions taken by NIs Actions taken by NIs Article 9- AccessibilityArticle 9- Accessibility

Programmes on accessibility in housing to PWDs.Programmes on accessibility in housing to PWDs.

Awareness creation on accessibility aspects Awareness creation on accessibility aspects through postgraduate dissertations.through postgraduate dissertations.

Induction loop systems in public places have Induction loop systems in public places have been installed.been installed.

NIEPMD is Barrier free/ Universal design. NIEPMD is Barrier free/ Universal design.

Advocacy to public service providers on Advocacy to public service providers on accessibility issues.accessibility issues.

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Actions taken by NIs Actions taken by NIs Article 19- Independent living/ Article 19- Independent living/

Community InclusionCommunity Inclusion CBR programmes of NIs resulted in inclusion of CBR programmes of NIs resulted in inclusion of

persons with Disabilities in the society. persons with Disabilities in the society.

NIEPMD has initiated a “family empowerment NIEPMD has initiated a “family empowerment model” .model” .

The employment , training and access to The employment , training and access to technology such as SMS communication technology such as SMS communication helped the person with deafness to live helped the person with deafness to live independently.independently.

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Actions taken by NIs Actions taken by NIs Article 20- Personal MobilityArticle 20- Personal Mobility

Training programmes on Training programmes on developing mobility skills.developing mobility skills.

Travel benefits to PWDs.Travel benefits to PWDs.

CWMDs- various kinds of CWMDs- various kinds of mobility aids with training mobility aids with training regarding their use. regarding their use.

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Actions taken by NIs Actions taken by NIs Article 24- EducationArticle 24- Education

Facilitating inclusion after Facilitating inclusion after preparing the teachers.preparing the teachers.

All NIs, their RCs and CRCs are All NIs, their RCs and CRCs are conducting various long term conducting various long term and Short term HRD and Short term HRD programmes. programmes.

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Actions taken by NIs Actions taken by NIs Article 26- Habilitation and Article 26- Habilitation and

RehabilitationRehabilitation

• All NIs have All NIs have developed various developed various Models of Service Models of Service Delivery- IBR, CBR, Delivery- IBR, CBR, EBR through team EBR through team approaches. approaches.

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Actions taken by NIs Actions taken by NIs Article 27- Work & EmploymentArticle 27- Work & Employment

Employers’ education programmes Employers’ education programmes in various Govt. of India in various Govt. of India organizations on employing PWDs.organizations on employing PWDs.

• NIs have departments of Adult NIs have departments of Adult Independent Living/ Vocational Independent Living/ Vocational Training both for Clients and their Training both for Clients and their families. families.

• DAIL of NIEPMD has a family DAIL of NIEPMD has a family empowerment model.empowerment model.

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Actions taken by NIs Actions taken by NIs Article 30- Participation in Cultural life, Article 30- Participation in Cultural life,

Recreation, Leisure and SportsRecreation, Leisure and Sports Many local and national level cultural Many local and national level cultural

events exclusively for persons with events exclusively for persons with mental retardationmental retardation

Association with Special Olympics for Association with Special Olympics for persons with mental retardation both persons with mental retardation both at local and national levelsat local and national levels

The ISL supports the cultural life of The ISL supports the cultural life of persons with deafness.persons with deafness.

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Actions taken by NIs Actions taken by NIs Article 30- Participation in Cultural Article 30- Participation in Cultural life, Recreation, Leisure and Sports life, Recreation, Leisure and Sports

(cont..)(cont..)

Recreation activities such as Recreation activities such as mime shows by person with mime shows by person with deafness are conducted.deafness are conducted.

NIEPMD organized Southern NIEPMD organized Southern regional sports for persons with regional sports for persons with multiple disabilities- 342 multiple disabilities- 342 participants 225 events, 5 states.participants 225 events, 5 states.

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Actions taken by NIs Actions taken by NIs Article 31- Statistics & Data Article 31- Statistics & Data

CollectionCollection NIs has been associated with NSSO in NIs has been associated with NSSO in

developing the statistical data for its report in developing the statistical data for its report in 20012001

NIs has developed questionnaire on various NIs has developed questionnaire on various disabilities to be used for conducting the surveydisabilities to be used for conducting the survey

The AYJNIHH is declared as National lead The AYJNIHH is declared as National lead center for implementing international center for implementing international classification based on functional disability.classification based on functional disability.

NIEPMD has initiated a data base on PWMDs.NIEPMD has initiated a data base on PWMDs.

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Reservations on the Reservations on the Convention Convention

The Convention need to define The Convention need to define disability clearlydisability clearly

Facilities for Inclusion are minimalFacilities for Inclusion are minimal Specific time frame need to be Specific time frame need to be

mentioned for implementation of mentioned for implementation of UNCRPDUNCRPD

Proper in built monitoring system Proper in built monitoring system need to be incorporate need to be incorporate

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Reservations on the Reservations on the Convention (cont..)Convention (cont..)

Clear guidelines for resource management in Clear guidelines for resource management in implementing the scheme in various countries implementing the scheme in various countries

The legal specifications are not clear hence people The legal specifications are not clear hence people may or may not implement itmay or may not implement it

Point No:2 of Article 4. mentions “Maximum of its Point No:2 of Article 4. mentions “Maximum of its available resources” which will make countries not available resources” which will make countries not to implement.to implement.

It is not country specificIt is not country specific Information regarding specification of HRD Information regarding specification of HRD

programmes programmes There is nothing about the finances for the projects/ There is nothing about the finances for the projects/

schemes particularly for the developing countriesschemes particularly for the developing countries

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RecommendationsRecommendations• There is an immediate need to There is an immediate need to

amend the RCI Act1992,PWD amend the RCI Act1992,PWD Act1995,National Trust Act 1999 to Act1995,National Trust Act 1999 to be in consonance with the UNCRPD. be in consonance with the UNCRPD.

• National commission on the lines of National commission on the lines of human Rights Commission need to human Rights Commission need to be constituted to ensure social be constituted to ensure social justice & empowerment to the justice & empowerment to the PWD’s. PWD’s.

• All govt. employees need to undergo All govt. employees need to undergo one week training on these Acts and one week training on these Acts and Conventions Conventions

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Recommendations Recommendations (Cont..)(Cont..)• Lawyers and judiciary need to be oriented on the Lawyers and judiciary need to be oriented on the

legislation of the disability and rehabilitation.legislation of the disability and rehabilitation.

• All PWDs have to be provided Unique ID and on- All PWDs have to be provided Unique ID and on- line access to track the availability and provision line access to track the availability and provision of services, schemes and redressal of grievances, of services, schemes and redressal of grievances, disposal of applications etc.disposal of applications etc.

• In case of persons with intellectual disabilities, In case of persons with intellectual disabilities, autism, CP and multiple disabilities, helpline autism, CP and multiple disabilities, helpline outlets can be established with the retailers so outlets can be established with the retailers so that if they are missing they are helped to reach that if they are missing they are helped to reach their families. It should be implemented from their families. It should be implemented from city to village. city to village.

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Recommendations Recommendations (Cont…)(Cont…)

• Compulsory inclusive education in the Compulsory inclusive education in the existing schools has to be undertaken existing schools has to be undertaken atleast for the Mild & Moderate atleast for the Mild & Moderate categories.categories.

• Institutes engaged in human resource Institutes engaged in human resource development in medical and health development in medical and health areas have to create facilities for areas have to create facilities for providing services to the PWDs, providing services to the PWDs, particularly prevention, early particularly prevention, early intervention, therapeutic services and intervention, therapeutic services and corrective surgeriescorrective surgeries..

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Recommendations Recommendations (Cont…)(Cont…)

A separate Ministry for the A separate Ministry for the Disability has to be created at the Disability has to be created at the Central and all State Government Central and all State Government levels. levels. (In this regard Govt. of (In this regard Govt. of Tamil Nadu has already Tamil Nadu has already established a separate ministry established a separate ministry for persons with disabilities for persons with disabilities which is directly under Chief which is directly under Chief Minister)Minister)

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Recommendations Recommendations (Cont…)(Cont…)

Assistive Technology has to be developed Assistive Technology has to be developed in the IIT’s for which exclusive schemes in the IIT’s for which exclusive schemes and guidelines have to be developed.and guidelines have to be developed.

Information and Communication Information and Communication Technology has to be leveraged to a great Technology has to be leveraged to a great extent for the empowerment of the PWDs. extent for the empowerment of the PWDs. An exclusive Institute in collaboration with An exclusive Institute in collaboration with IIT’s and NI’s can be established to focus IIT’s and NI’s can be established to focus on research and technology development on research and technology development for the PWDs.for the PWDs.

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Task Ahead.

State Parties

Understanding the concepts of convention

DPO’s Other Civil Society Organizations

Translate Policy

Law

Rules & Regulations

Putting into Practice is Most Important

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This is What we need to doThis is What we need to do