Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

Authors

DOI:

https://doi.org/10.53724/lrd/v5n4.06

Keywords:

Disabled,, Human Rights,, Constitution,, Social Awareness,, Development.

Abstract

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights.

The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

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References

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Ibid

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Adopted by United Nations General Assembly Resolution No. 217 III, 10thDecember, 1948

Adopted by United Nations General Assembly Resolution No. 2200–A XXI, 16thDecember, 1966

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Articles 15 and 16 of the Indian Constitution.

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[1995] Supp.[4] SCC 505.

[1986] 3 SCC 632.

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Published

2021-08-17

How to Cite

Dr. Ram Charan Meena,. (2021). Overview Of The Rights Of Person With Disabilities: A Human Rights Approach. Legal Research Development: An International Refereed E-Journal ISSN: 2456-3870, 5(IV), 34–42. https://doi.org/10.53724/lrd/v5n4.06

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