Disability is a defect of the body or the mind that creates difficulty for the person suffering from it. As reported by the World Health Organisation one billion people in the world are presently suffering from a disability. These kinds of people suffer from Lower Education Attainment, Affliction and Poverty. Disabled people are those who put up with Physical and Mental damage. This Creates problems to carry out normal day-to-day activities.
Meaning of Disability
Disability is a condition that can be cognitive, development, intellectual, activity. It affects a person’s life activities for a lifetime. People with disabilities have the same health needs as non- disabled people for immunizations. Because of poverty and social exclusion, their conditions are vulnerable.
Types of Disabilities
- Physical Disability – A physical disability is a physical condition that influences a person’s physical potential, endurance, agility or vigor.
- Intellectual Disability – A person suffering from Intellectual Disability struggles with difficulty in communication, learning and retaining information.
- Psychiatric Disability – Psychiatric Disability is defined as a mental impairment that affects reasoning, behavior and mood.
- Visual Disability – It is a decreased ability to see a certain object through usual means.
- Hearing Disability – Hearing Disability (deafness) is the result of the inner ear or nerve damage which creates a problem in hearing.
- Neurological Disability – Neurological Disability refers to a disorder of the nervous system that affects the organisation of brain processes.
The regulatory framework governing the employment rights and protections with disabilities accepted through legislation in all of the featured jurisdictions Legal duties on employers to take measures to assist individuals with disabilities in the workplace can be found in one form or another in each of the examined jurisdiction.
Rights of Disabled People at Workplaces were created to protect the rights of those people who are disabled in some way. It protects their rights regarding their jobs, public settlement, Government services and more. The Government benefits organisations who hire disabled workers. Disabled people also get discriminated at work places for being disabled. According to the Rights of the Disabled people those who are suffering from disabilities should be given equal opportunities and equal wages. There are some areas in which discrimination is prohibited including – Recruitment, training, pay and social activities. The employer must provide additional facilities or special benefits to disabled employees in order to increase their availability. For e.g- Training programs and special leave. Intentionally insults with the aim to humiliate a person having a disability at any place is an offence. Assaults to any person with a disability is aimed to dishonor is not allowed. There should be an equal job opportunity for a person with disabilities. They should provide complete truthful information regarding the jobs. Every disabled person can move to the supreme court of India to enforce their rights. No disabled person owning property (like the non-disabled) Can be deprived of property. Any unauthorized deprivation of property can be challenged by suit. The law provision protects those with intellectual and psycho social disabilities and even acid attack survivors. The declaration of the rights of disabled people was a declaration of the General Assembly of the United Nations made on nine December 1975. It is the 3447th resolution made by the assembly. The disabled people should enjoy their rights contained this declaration. Everyone has the right to a cost of living enough for the health and well being of himself and of his family, including food, clothing and the right to security in the circumstance of unemployment, sickness and disability. All persons are equal before the law and are authorized without any discrimination to the equal protection of the law. Every deaf, blind person is authorized to enjoy the basic rights assured to all people by the Universal Declaration of Human Rights and the rights provided for all disabled persons. The establishments are required to maintain the records relating to person’s name, gender and address of employees with disabilities. The employment of disabled persons is firmly encouraged by shareholders. Companies hiring disabled workers may also benefit from public funding.
Provision of the Accomplishment Indicates
A non – discrimination clause applying the rights to all Disabled people regardless of sex, language, religion, or other situation. Disabled people cannot ensure the necessities of a normal individual and or social life as a result of a deficiency in mental and physical capabilities.
Persons with Disabilities Act 1995
On Feb 7, 1997, this Act came into force. It is a significant step that assures equal opportunities for people with disabilities. The Act provides promotional and preventive aspects of rehabilitation of persons with disability unemployment allocation for the disabled people.
Main Provisions of the Act
- Prevention and Early detection of Disabilities
- Social security
- Non- discrimination
- Research and manpower development
Accomplishment of the Rights of Disabled People
On 9 December 1975 344th resolution was made by the assembly in which Disabled people should enjoy all rights contained in this accomplishment without any discrimination and distinction. Disabled people have intensive rights to respect for the human dignity and disregarding of the origin, nature and seriousness of the handicaps and disabilities. Disable people have same similar rights as other human beings. Disabled people shall be protected against all exploitation and treatment of abusive, depreciative and discriminatory.
Few Rights of Disabled People at Work are:
- To work at a safe and secure place where risks are minimized.
- To full disclosure about work conditions, hazards and risks.
- To information, education, training and special safety equipment that reduces risks and hazards.
- To inform safety infractions and fear of reprisal.
- To organize worker health and security committees.
- To special safety producers and considerations that may relate to one’s disability in case of emergency.
In India different definitions of disability conditions have been introduced for various purposes, essentially following the medical model and, as such, they have been based on various criteria of ascertaining abnormality or pathological condition of persons. In absence of a theoretical framework based on the social model in the Indian context, no standardization for evaluating disability across methods has been achieved. In common language different terms such as disabled, handicapped, crippled, physically challenged, are used interchangeably, indicating noticeably the prominence on pathological conditions. Forty- two percent of disabled people seeking work found the biggest barrier to getting hired were misconceptions around what they could do but if they want they have that much power that they can do anything they want even after suffering from worst conditions. Measures for disabled persons on vocational rehabilitation and employment are provided for in general labor legislation, such as employment promotion acts or vocational training acts. Measures for disabled people which are provided for in special Acts that deal exclusively with vocational rehabilitation and employment of disabled people. A mentally ill person shall be entitled to the services of the legal practitioner.
Conventions on the Rights of People with Disabilities
Conventions on the rights of people with disabilities is an International human rights treaty of the united nations deliberate to protect the rights and dignity of persons with disabilities.
Article 27 of the CRDP states to recognize the rights of persons with disabilities to work on an equal basis with others.
To ensure that people with disabilities have the right to an education which will enable them to develop their skills and capabilities, Education should be treated as the first option for disabled people. To ensure that people with disabilities have the right to assist in the community. Legal Aid System takes particular note of the difficulties experienced by people with disabilities. They should have the right to free movement and access for reinforcing the diversity of disability. Individuals with disabilities who due to the severity and Complex nature of their impairment require high-level support. People with disabilities are paid wages based on productivity. Employers are required to make reasonable adjustments to jobs and workplaces for disabled people. Persons with a disability faces problems, barriers and discrimination. They shouldn’t be denied to participate in any function to be employed, to move freely and to live independently in society. Every disability is different and faces a challenge in finding employment. Discrimination in employment against qualified individuals with disabilities is prohibited by the Americans with Disabilities Act of 1990.
The Government should make the workplace more accessible for people having disabilities have the right to economic security, Useful productive work. Most of the women and girls with disabilities are forced into mental hospitals and institutions where they face unsanitary conditions. Hence the Rights and laws of disabled People need to be included in human rights and various laws in India Aids and appliances shall be made available to the people with disabilities. There shall be equality of opportunity for all citizens including the disabled ones. Delhi High Court has ruled that a person suffering from heart ailment is entitled to the benefits of the Disabilities Act for the purpose of employment in the government. There are few examples of Disability discrimination on the basis of physical and mental disability in various aspects of employment. The disabled person shall enjoy all rights contained in this declaration without discrimination. Persons with disabilities come under neglected sections of our nation. The constitution of India secures the citizens including disabled people, A right of justice, liberty of thought, expression, belief , faith and worship, equality of status and of opportunity and for the promotion of fraternity. Some of the acts which make provision for the health of the citizens including the disabled may be seen in the mental Act, 1987. Three percent of vacancies in Government shall be reserved for people with disabilities one percent each for the person suffering from Blindness or low vision and Hearing Impairment. Disabled persons have the right to be placed under guardianship by the local level comities. Additional benefits provided for persons with disabilities and those who need support. Today a new model of thinking is breaking grounds where disability is seen as an integral part of society. There is also recognition that persons with disabilities encounter several obstacles due to sensitivity and attitudinal barriers.
Q1. Define Disability?
Q2. What are the types of Disabilities?
Q3. What problem do people with disabilities encounter at their Workplace?
Q4. What are the rights of Disabled people at the workplace?
Q5. What else can we do to make disabled people’s lives better?
- The Disabilities Act in India: What Employers Need to Know – India Briefing
- https://www.blog.adp.in › employer
- Web results Employer’s Duty under Rights of Persons with Disabilities ADP India HR Blog
- www.lexology.com Rights of Persons with Disabilities in India and Other Jurisdictions