Deafness shaped Beethoven’s music

Progressive deafness influenced Beethoven’s compositions, prompting him to choose lower-frequency notes as his worsened, scientists said.

Beethoven first mentioned his hearing loss in 1801 at the age of 30, he had problems hearing the high notes. By 1812, people had to shout to make themselves understood and in 1818, he started to communicate through notebooks. In his last few years before his death in 1827, his deafness was apparently total.      Writing in the latest issue of the British Medical Journal, scientists in the Netherlands dissected Beethoven’s string quartets.

The experts looked at the first violin part in the first movement of each quartet, counting the number of notes above G6, which corresponds to 1,568 Hertz.      Use of higher notes decreased as the deafness progressed, they found. To compensate, he used more middleand low-frequency notes, which he could hear better when music was performed. But in the late quartets – written by the time he was totally deaf – the higher notes returned.

“When he came to rely completely on his inner ear, he was no longer compelled to produce music he could actually hear when performed, and slowly returned to his inner musical world and early composing experiences,” says the paper.

Mumbai Mirror

Initial comments and observations on the new draft law

Of late, I have finished taking a quick and cursory look at the new draft law (the working draft as it has been aptly described) which has been updated following conclusion of the last two-day meeting of the new law committee constituted for the purpose of developing a new legislation to replace the existing PWD Act.

I have been receiving any number of telephone calls from friends and activists in the disability sector requesting for my personal and initial views/comments/observations. In view of this, I hereby take this opportunity to share my initial comments/observations/views with three riders: namely, that these views are mine and that they do not necessarily reflect the views of any organization/institution that I may be associated with; That I reserve the right to express further comments/views ETC.; and, that, these views/comments are based, as stated above, on a very quick and cursory reading of the latest working draft and that I need to read the same with greater circumspection, and in greater details.

My immediate and intimate feeling on completing the first quick and cursory reading of the said working draft is that it is not a document speaking for persons with disabilities, it is persons with disabilities speaking for themselves. I wish to whole-heartedly compliment all concerned including my highly esteemed friend Dr. Amita Dhanda under whose active and able guidance her spirited team at Nalsar have put together a brilliant masterpiece of a draft following receipt of inputs from the new law committee. I must also congratulate the Committee chairperson Sudha Kaul and all the members of the committee for the hard work they put in and also for the generosity and cool-headedness demonstrated by them even in the face of all kinds of discombobulations. To my mind, the keenness of the committee and also of the legal consultant in valuing interactive dialogue with the sector is above board.

The depth and intensity of the vision of the working draftcan be better appreciated and felt as one runs through its pages with unqualified openness and unquestionable objectivity.

All this, however, is not at all to suggest that I do not have differences or disagreements at all. Yes, in places, the working draft appears to be overly radical, almost oblivious of ground realities, especially, in respect of  legal capacity to act in relation to persons belonging to certain specific categories of disabilities. Yes, it seems to have become a little too bulky and voluminous, and even unwieldy. Yes, the language and the format perhaps needs fine-tuning in order to ensure that it becomes legally and legalistically more sound.

I would also like to express my satisfaction over the fact that some of my suggestions put forth by me verbally to the person concerned only on the basis of taking a look at  some portions of the first draft brought out on the 20th of the last month have been taken care of in the current draft. These include insertion of a reference to UNCRPD in the Preamble, use of the expression “lifting/eliminating the barriers”,  in place of the expression “lowering the barriers” ETC.

Having said the foregoing, I would like to make the following initial observations/comments in an attempt to facilitate further critical and constructive reflections

  • Legal capacity:  I favour the adoption of the minimalist model of legal capacity which, among other things, must recognize all persons with disabilities as persons before the law on an equal basis with others and also recognize legal capacity of persons with disabilities together with provision for support for whosoever needs that support. Such support should only be for the period, and, to the extent needed by the person concerned. Provisions for safeguards against any possible abuse of support and other relevant matters must be duly incorporated. To my mind, complete and explicit elimination of substitutive support in respect of legal capacity to act in relation to persons belonging to certain specific categories of disabilities  may not be fair and proper. Certain specific condition of certain persons may warrant substitutive support. Experience tells us that some persons in some situations or condition may not even be able to nseek support all by themselves. They b need support even to seek support. Provision only for non-substitutive support for all situations and conditions is replete with danger. Imagine a situation assuming that there is absolutely no provision for substitutive support — What happens if a supporting person/network commits a serious lapse resulting in irreparable and substantial loss to the concerned person with disability, and then takes the plea that the decision was his (concerned disabled person’s), and that the supporting person/network was only supporting that concerned disabled person in taking the decision but the ultimate decision was his. Thus, the supporting person/network may get away with impunity.  To my way of thinking, legal capacity has two components, namely, that one is recognized as a person before the law, and that one is presumed to have the ability and the maturity to comprehend the nature and possible consequences of a given action. In a situation of this ilk, one just can’t have the cake and eat it too. Besides, despite absence of criminal intent, how does a person with very profound intellectual/developmental/psychosocial disability accused of an offence  take recourse to the plea of Mens Rea when the full legal capacity to act of such a person is recognized necessarily though unjustly and erroneously implying that he had the ability and maturity to comprehend the nature and possible consequences of the action she/he might be accused of? I feel that each one of us, regardless of ability or disability may need substitutive support as well. Assuming, (not admitting), that I am in a state of coma and the surgeon concerned has to perform on me a critical surgical operation which may prove fatal. Someone close to me has to decide for me. Is this not substitution? If not, what else is? For such and other like reasons, I feel that while there should be explicit provision for making all-out efforts to promote non-substitutive support, substitutive support need not and should not be altogether done away with.
    The UNCRPD also talks about support wherever such support is needed; and support can be both substitutive and non-substitutive; Otherwise, what prevented the framers of the UNCRPD to impose an explicit and  blanket ban on substitutive support? While it is all right to be surcharged with idealism, it would be prudent if the working draft reflects a more judicious combination of idealism and pragmatism.
  • Disability Rights Authority (DRA):  The DRA is a very well-conceived concept albeit it needs modifications so as to be in harmony with the contents/views expressed in 1 above. The reason is not far to seek and hence, is not elaborated. After going through the powers, functions and the structure of the proposed DRA with meticulous care, I strongly feel that the proposed DRA must be set up under a separate/exlusive/dedicated statute which may be called “The Disability Rights Authority Act —“. This suggestion is being put forth given the comprehensive nature of DRA’s mandate, its powers and functions, and also its elaborate structure. Please allow me to disabuse the minds of those who feel that the DRA is intended only as a recommendatory bodywith no teeth. My reading of the proposed DRA concept leaves me convinced that it wil have ample powers ample participation of experiential and subject experts, and a number of bodies functioning under its direct supervision, control and guidance.
  • Chief Commissioner and state and district Commissions: Please exercise caution and guard against the interchangeable use of the expressions “Commission” and “Commissioner” in relation to the states and districts. Even the corrected/updated draft in one or two places uses these expressions interchangeably. The proposal for a Chief Commissioner at the national level, and Commission at the state and district levels is innovative, imaginative, and it would be interesting to see how it works.
  • Education: The chapter on education has been very comprehensively drafted and rightly so. While it justly and emphatically provides for inclusive education at all levels, it also mentions/recognizes the so-called special schools. However the mention/recognition of the so-called special schools has happened only in whispers and not with the kind of emphasis it merits. Therefore, there is a definite and distinct need for explicit provision, among other things, for concurrently creating and promoting more disability specific schools and strengthening the existing ones on modern and scientific lines. Such explicit provision is  necessary despite an already incorporated provision in the working draft in respect of providing education in environments that maximize academic and social development.
    Anyways, we already have exclusive schools in relation to some other non-disability areas which is fair enough as long as one gets quality education; and, assuming for a moment, that we don’t have such exclusive schools for others, nothing should stop us from incorporating what is needed. I feel that since persons with disabilities are recognized as a part of human diversity and humanity, there is little justification for encouraging the use of the expression”special schools”. Instead, we should use the expression “disability specific school”.
  • Employment:  I immediately find little scope for commenting on provisions relating to employment as reflected in the working draft. However, I emphatically feel that the justification which merit reservation in promotion for SC and ST communities also applies at least, in equal measure, if not more to persons with disabilities. Hence, it is important to underscore the need for bringing about necessary amendment in the Indian Constitution as was done in the case of SC and ST communities. In some place which I am immediately unable to locate, the working draft while providing for safeguards  states that no person shall be discriminated “merely” on ground of disability implying thereby that disability could be one of the grounds, though not the sole ground of discrimination.  Therefore, Please delete the word “merely” if it still exists in the updated draft. In order to address the concerns of persons who happen to be totally blind, a portion of the reserved quota of jobs should be earmarked for them out of the reserved quota for the blind and the low vision.
  • Accessing justice:  Relevant provisions are very well conceived. Just incorporate a strong provision for fast-tracking of all cases at all levels involving persons with disabilities.
  • Definitions: Just one thought: This is in relation to the generic definition of persons with disabilities which is almost the same as given in Article 1 of the UNCRPD with the lone exception that the expression “long_term” has not been retained. Will this be prejudicial to the interests of the genuinely disabled?

This definition, and also the defition of “reasonable accommodation” and a number of other provisions leave me convinced that the working draft, in a certain sense, is

way more radical/progressive than even the UNCRPD.

My views in respect of the need for having a more progressive and forward looking common law compared to the current PWD Act and also the need for having additional and specific legislations to address highly specific issues of the more marginalized groups within the larger group of persons with disabilities are so well-known that they perhaps do not merit at least immediate reiteration. Common law to addres commonalities, and specific laws, to address specificities depending on need and necessity is my view. I do not favour the idea of clubbing/merging the existing laws into one Act. To my humble way of thinking, it is so utterly wrong to allege, as some seems to have alleged that the new law committee has violated its mandate. In fact, the new law committee was neither mandated to suggest repral of any laws nor to club and merge all disability specific legislations into only one legislation.

Be that as it may, it would also be in the fitness of things to suggest some amendments in the Indian Constitution to strengther the rights regime for persons with disabilities. Suggestions for such amendments must include amending of Articles 15 and 16 so that disability gets included as one of the prohibited grounds of discrimination. I am aware that suggesting constitutional amendments, strictly speaking, is not within the ambit of the new law committee’s mandate; yet, one perhaps can take this reasonable freedom.

Some more random thoughts: I am not too sure whether insertion of a definition of “barrier” will necessarily work to our advantage. Sometimes, leaving some grey areas is perhaps more advantageous. Some other times, however, it is necessary to define and demystify some expressions. For example, in my view, if any model other than the minimalist model of legal capacity is insisted, then, in my considered view, legal capacity will necessarily have to be defined and demystified.

The working draft is unique in more ways than one. I am particularly impressed by the insertion of principles of implementation and interpretation. The author has made an ingenious attempt to retain the positive jurisprudence which has been built over the years.

To allay the fears expressed by some of our friends, let me state in no uncertain terms that the current workin draft does also adequately address the concerns and aspirations of those persons with disabilities who live in the rural and remote areas. The fact of the matter is that the working draft is so all-encompassingly inclusive.

To be fair to the author of the working draft, we must not fail to appreciate the highly challenging nature and also the enormity and stupendity of the task considering that intricate diversities and diverse intricacies do exist within the larger group of persons with disabilities. It was no mean task; and, yet executed with remarkable sensitivity and alacrity.

I am afraid the Govt. may not accept this kind of a draft in toto; it nevertheless, will continue to have an immensely educative value.

I feel that we need to critique this brilliantly conceived working draft with the objectivity and openness that it merits keeping in mind our  best interests as persons with disabilities, and  putting aside our egos to the extent possible. Such critique should invariably be constructive and in good taste. If some people still choose not to eschew condemnatory language, all I wish to say is this: Just come up with an alternative and matching draft so that one is able to compare and contrast and come to a certain view in respect of the matter.

Well done, amita, well done Nalsar team, well done Sudhaji and the new law committee!

Best regards, 

Prasanna Kumar Pincha



Wed a disabled person, get 50,000 from state govt

It’s a bitter pill to swallow, but in India, the physically challenged have not been integrated into mainstream society. And marriage is the one institution where the stigma of being differently-abled is starkly highlighted. Now, the state government has decided to rectify this and is planning to launch a scheme where anyone marrying a disabled person will be awarded Rs 50,000. Social justice minister Shivajirao Moghe said the idea was to encourage marriages between the “disabled and the able-bodied’’.  Any person who marries a person with 40% or above disability—one who is certified as disabled—will be eligible. The government is of the opinion that the reward scheme will promote greater integration of physically challenged people into mainstream society, and will be implemented across Maharashtra. According to the 2001 census, there were 15.69 lakh persons with disabilities (PWDs) in the state. No data was available on unmarried PWDs.

While the plan has been welcomed in some quarters, many NGOs and activists have expressed their doubts over whether a monetary incentive is the way to go. Naysayers include Raju Waghmare, who is employed as a programme officer for handicap rights with the Human Right Law Network. “The scheme will encourage an able-bodied person to marry a financially independent disabled person for monetary gain,’’ he said. ‘We must go out to find partners’ Mrs. Varsha Hooja, trustee, ADAPT, an action group that promotes the cause of the disabled and others working and living together, felt that first priority should be given to creating awareness, promoting a disabled-friendly environment, and sensitizing society towards the abilities of the physically challenged. “Marriage will follow,’’ she said. On the other hand, the Handicap Welfare Association—a non-profit organization for the disabled by the disabled-—has welcomed the move. “If implemented in letter and spirit, the scheme could be a step towards the empowerment of the differently abled,’’ said Ravi Subbaiah, president of the association. To increase the reach of the welfare scheme, he cited the need to set up a disabled-friendly public infrastructure. “The disabled need to go out and interact with people in order to find a partner,’’ he said. Unfortunately, most cities in India do not have this infrastructure.

Maharashtra is not the first Indian state to award reward schemes. Goa and Karnataka governments have already taken steps by providing tax rebates and perks to corporates employing PWDs, a move that Waghmare believes is more effective towards integrating the physically challenged in society. Goa also has a similar marriage reward scheme. To prevent misuse of funds, social welfare officers will be in charge of implementation. The social justice and special assistance departments have a prepared a detailed proposal, which has been forwarded to the planning department for fund allocation.

Pratibha Masand Times of India, 9th October 2010

My ‘Raid de Himalaya’ experience: Deepa Malik

Deepa Malik is no stranger in the field of disability sports. A paraplegic with a strong resolve, she has won numerous accolades for her participation in various adventure sports. Whether it is swimming against the strong Yamuna current, or riding a special bike or even taking a shot at the Paralympics, she has done it all! Last October, she became the first paraplegic to participate in the toughest car rally, the ‘Raid-de-Himalaya’. In a tell-it-all with D.N.I.S., Malik shares her experience with disability and what it took to take the long and arduous Himalayan road.

Deepa Malik

Deepa Malik

I was not born with a disability. After 30 years of regular life, I became a wheelchair user due to three spinal surgeries for repeated tumors resulting into spinal cord damage and paraplegia. I could easily compare the two worlds, that of able bodied people and that of the physically challenged. I had the maturity to feel that a lot could be done in the field of disability in our country, starting from social outlook, acceptance of disabled, to their inclusion into the mainstream.  I noticed that wheelchair users mostly remained at home. I felt a need to generate motivation among them, so that they live a more wholesome life. This inspired me, and I set out on a mission called ‘ability beyond disability’ in my own little way. I had no clue what I had to do. But I felt that I had to contribute in some way or the other. Promoting outdoor sports I felt was the best possible way. And then to my horror, I found out, that I was the first paraplegic woman to join the world of sports in the Indian scenario!

Driving was another of my passion. So much so, that I often laugh that God probably misinterpreted my desire of ‘being on wheels’ and therefore made me sit on a wheelchair! I had always wanted to rally but somehow, I was made to believe that my this desire would never be fulfilled in the present life because of my disability. That only strengthened my resolve and I decided that I must take part in the world’s highest and toughest car rally ‘Raid-de-Himalaya’.

Everyone thought I had lost it. With a spine that had been cut open thrice and a bladder and bowel condition, how was I going to manage a long, strenuous, high altitude journey, in minus temperatures? The only person who stood by me was my husband. He let me follow my dream, and told me that I would have to get there on my own effort.

I started my homework. Being an army wife, my first try was with the army adventure cell. But I soon learnt that only serving army officers’ wives were allowed to participate. I kept struggling for three years until I landed at the flag off of the Desert Storm Rally in Delhi in February 2009.

I literally sat there trying to pick up contacts and telling various teams about my wish of doing a rally. Some thought I was crazy, some felt happy about my courage but it was the Pune Millennium Team that took me seriously and taught me all the skills of navigation. Through them, I learnt what were the legalities required to be on a rally and that was going to be a challenge.

I got in touch with Himalayan Motorsports Association (H.M.A.) and Federation of Motor Sports Clubs of India (F.M.S.C.I.) regarding my acceptance in the rally as a formal competitor. They needed a bit of time, as it was the first time a disabled person had approached them. But I was happy that they appreciated my love and enthusiasm for motor sports and felt positive. I just held my breath back till I saw a ray of hope when they agreed but I had to complete all the required paperwork.

The most difficult task was to get the personal accident insurance on heavy risk basis. Next up was to start looking for sponsorship and a professional to accompany me and form a team. I am extremely grateful to Maruti Suzuki and three time Raid-de-Himalaya winner, Rakesh Diwan for supporting my endeavour. My husband, too, joined me as an attendant.

After a long struggle for permissions, sponsorships, a rally vehicle, a professional team partner and procurement of snow clothing, I found myself in Shimla. Initially people thought I was there to cheer a friend but the moment I got my name stickers on the car and a competitor’s license and an identity card on my neck, everyone took me seriously. I was very happy to see the surprised look on everyone’s face! It was a moment of achievement, a sense of satisfaction to be able to turn a dream into a reality and to prove to the world that disability is a state of mind and not of the body.

We were flagged off on the morning of October 7. It was a harsh 8 day, 1700 k.m. drive in minus degree temperatures. Even on an altitude of 18000 feet with oxygen shortage, I was able to sustain it all. It was tiring but the adrenaline rush was so high that I never felt tired. During the rally, we were in third position in the adventure category until an unfortunate accident happened.

The car ahead of us braked suddenly and our car skidded and hit the snowy road. The radiator developed a crack and the rest of the journey was completed filling up water every few k.m.s. That made our journey even more challenging and longer in terms of time. But on the whole, the experience was amazing. And I was awarded the TRUE GRIT TROPHY for outstanding courage.

More than the trophy, what made me happy was the declaration by H.M.A. official, Manjeev Bhalla that henceforth disabled persons will also be eligible to compete in the rally. I was thrilled that my efforts opened doors for people with disabilities to the world of motor sports.

Sometimes we take it for granted that a particular thing or activity is not meant for disabled people. Society then reinforces that belief. It happened to me as well when I decided to go for motor biking. But once I was determined, I did not only get a special bike designed but also made it on record time.

I feel that it is important for one to think beyond the stereotype and follow your heart.

Deaths in juvenile home natural: Delhi govt

Around 75 inmates died between 2004 and 2008 at the complex

New Delhi: The deaths of 12 inmates of a state-run juvenile home in one month were natural, the Delhi government said Wednesday in its reply to a National Human Rights Commission (NHRC) notice. According to investigating officials, poor maintenance or lack of basic amenities could be contributing factors.  According to investigating officials, poor maintenance or lack of basic amenities could be contributing factors.  The NHRC Tuesday issued a notice to Delhi Chief Secretary Rakesh Mehta asking for a detailed report into the cause of deaths of members of Asha Kiran Home and the state of affairs at the juvenile home, in north west Delhi’s Rohini area.  “The Delhi government has filed a reply to NHRC. Of the 12 inmates who died, one was under 18 years. Prima facie the cause of death appears to be natural. However, based on that we won’t close investigations. In previous reports, the home was found to lack basic requirement and had poor sanitation levels. We are going to see if the deaths had anything to do with that,” a senior official of the Delhi Commission for Protection of Child Rights (DCPCR) told IANS.

The NHRC was acting on a complaint filed by human rights activist Prabir Kumar Das who alleged that 12 mentally challenged inmates of the home had died in one month.  Media reports suggested that three of the 12 had died within 24 hours due to lack of basic facilities such as warm clothes. An earlier report by the child right’s panel in June last year had found that although sanctioned for 250 inmates, the only state-run complex for mentally challenged people in the national capital houses 750 mentally retarded men, women and children.  The children were found to be suffering from tuberculosis, seizures and skin diseases. The home lacked hygiene and proper sanitary conditions. Around 75 inmates died between 2004 and 2008 at the complex.  In many of these cases, the cause of death was epileptic seizures, which the DCPCR probe committee said could be owing to neglect of medical authorities.

The detailed report from the chief secretary sought by NHRC is due within four weeks time.

Suits over Web sites get mixed results

Posted: Monday, January 11, 2010 11:00 pm

Last year, the nonprofit law center Disability Rights Advocates settled a suit over access against Hotels.com and Expedia.com.  In the settlement, the online travel companies agreed to start providing information about hotels’ accessibility features, such as Braille signage and the width of doorways, on their Web sites.  In 2008, the group also successfully settled a lawsuit accusing Target of violating the Americans With Disabilities Act because its online store could not be navigated with a screen reader.

According to Karla Gilbride, fellowship attorney with the center, courts across the country have interpreted how the Americans With Disabilities Act should apply to the Internet differently.  She said some courts have ruled that the law guarantees access to all Web sites, while others have decided it should only apply to Web sites that are associated with a physical space, such as a store or bank.

Billings Gazzette

Special-education mediation is an alternative to litigation

Tuesday, January 12, 2010

STAFF WRITER

Disputes between parents of students with disabilities and school districts occur frequently. In the area of school law, special-education lawsuits are numerous. For both parties, the monetary and emotional costs of litigation are high and the benefit to students with disabilities dubious.

Unlike other civil litigation, the adversarial relationship between parents and school districts does not end with the court decision. Both parties remain cross, more so the losing party. The student must continue to attend school and bear the effects of a damaged parent-school relationship. This unfortunate situation is exacerbated by attorneys who pit parents against school districts to win a case. Attorneys are well aware of federal and state special-education law that encourages the use of alternative dispute resolution procedures. Instead, they rush to adversarial administrative hearings and the courts, which prolong resolution of the conflict. Obviously, it is in their financial interest not to mediate. Attorney fees are not awarded for time spent in mediation. It is not uncommon for an attorney to require a $5,000 retainer for legal services — fees that courts have held unreasonable — and not inform parents of their right to seek mediation.  Recent amendments to the federal special-education law (Individuals with Disabilities Education Act 2004) allow school districts to seek reimbursement of their legal costs when parent complaints are found to be frivolous, unreasonable and without foundation. Also, school districts can obtain rewards when parent suits cause unnecessary delay and needless increases in litigation costs. Under these provisions, costs are levied against the attorney, not the parent. Special-education law permits the parties to use alternatives to due process hearings and lawsuits to settle their disputes. Resolution sessions and mediation procedures are written in the statute. The law requires that school districts inform the aggrieved parents of their right to mediation. Mediation must be voluntary by both parties and cannot be used to deny a hearing. Mediation is conducted by a trained and impartial conciliator. Typically, the signed mediation agreement reflects a compromise by the parties that ensures that the best interests of the student are paramount. The mediation agreement is enforceable in a federal or state court.

Another provision goes further to resolve parent-school disputes when they first arise. Resolution sessions offer the parties the opportunity to resolve a dispute within 15 days after the parent request for a due process hearing. If resolved, a settlement agreement is produced and is enforceable in either a federal or state court. The Congressional intent of the 1975 passage of the Education of Handicapped Children Act (now IDEA) was to afford parents of students with disabilities a voice in deliberations about their child’s educational program. The due process protections were designed to foster a collaborative/cooperative relationship between parents and the school officials. An unintended consequence of the legalization of special education has been rampant litigation that has harmed the parent-school relationship. Since 1990, Congress has attempted to remedy this state of affairs by adding those alternative dispute resolution mechanisms discussed above.

The reader should not be left with the impression that legal representation for people with disabilities is not needed, only that it is needed in some cases and not others. Attorneys from Disability Rights New Jersey are to be lauded, for example, for their recent civil action in obtaining community-based housing for eligible people with mental disabilities now held in state institutions. Disputes in special education revolve around whether a student with a disability has an appropriate educational program and whether the school placement is least restrictive. Most of these disagreements are resolved by parents and school officials acting in good faith. Many more disputes could be defused and resolved by the use of alternative conflict resolution procedures to avoid costly hearings and litigation. The savings in terms of dollars and mental anguish are huge for both parents and schools — money and time that can be used to improve the student’s education and build trust between parents and school officials. The ethic of professional practice is not only to inform parents of their rights, but to counsel them about alternatives to filing a lawsuit.

Stanley J. Vitello, Ph.D., J.D., is a professor of special education at the Graduate School of Education, Rutgers University. A former Joseph P. Kennedy Jr. Public Policy Fellow, he assisted in the 1990 reauthorization of the Individuals with Disabilities Education Act. Dr. Vitello (svitello@aol.com) is founder of The Vitello Group, which provides special-education instructional and mediation services.

NJ.com

U.S. Signs UN Convention on the Rights of Persons With Disabilities

About the Author: Patrick Ventrell serves as Information Officer at the U.S. Mission to the UN in New York.

Today, Ambassador Susan Rice signed the UN Convention on the Rights of Persons with Disabilities on behalf of the U.S. Government. This is really a landmark moment, as the United States joins 141 other nations who have already signed what President Obama calls “the first new human rights convention of the 21st Century.” The signing took place on the 38th floor of UN Headquarters, and there was palpable excitement in the air — the United States is back to fully participate on human rights issues on the international stage.

Because of renovations to UN Headquarters (the multi-year Capital Master Plan is already in motion to completely update the UN from a 1950s iconic landmark, into a fully modern office complex), the signing took place in a small conference room down the hall from Secretary General Ban’s office, instead of the normal treaty signing room. In addition to a number of the most important advocates for persons with disabilities, the room was packed with press, and applause broke out as Ambassador Rice finished signing the Convention.

Ambassador Rice was all smiles and so was Senior Advisor to the President Valerie Jarrett who had come up from the White House for the event. They both delivered moving remarks about the significance of the United States signing on to this important document which promotes, protects and ensures “the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities…” and promotes “respect for their inherent dignity.” With ten percent of the world’s population living with a disability (650 million people by most counts, and at least 54 million of them Americans) reaffirming their fundamental rights is truly a proud moment for the United States.

Today, I couldn’t help but think of all of our disabled veterans who have returned from Iraq and Afghanistan in particular. They have fought and sacrificed for their country, and they can be sure that their country will not be left out of the international community’s efforts to protect their fundamental rights.

Having said all that, our work is not finished on this Convention. Ms. Jarrett announced the creation of a new senior level position at the State Department to deal with disability human rights issues. This person will spearhead the strategy to promote the rights of persons with disabilities internationally, lead the coordination among federal agencies as the Administration makes the push for quick ratification of the Convention in the Senate, and will work to ensure that the needs of persons with disabilities are addressed in international conflict and disaster relief situations.

Now we are all headed back to a reception at the U.S. Mission to celebrate with over a hundred supporters and a diverse representation of some of the 54 million Americans living with a disability.

Blind people demand access to ATM cards

Around 50 blind people staged a protest demonstration here on Wednesday against non-issuance of (Automated Teller Machines) ATMs cards to them by the commercial banks.

The protesters carrying placards chanted slogans against the policies of the commercial banks that deprive them of their basic banking right.
They were of the view that throughout the world not only are ATM cards issued to the blind, ATM machines are made accessible to them, enabling blind customers to operate these machines independently.
The protesters also staged a sit-in and demanded of the concerned authorities to amend the banking policies for paving the way for issuance of ATM cards to the blind people.
Zahid Abdullah, who organised the protest demonstration while talking to ‘The News’ said that the United Nations Declaration on Human Rights (UNDHR), the UN Convention on the Rights of Persons with Disabilities (UNRPWD), which Pakistan signed last year, and the teachings of Islam, protect the inherent dignity of the disabled. He said denying some people the right to have an ATM card on basis of their blindness is sheer discrimination.
Zahid rejected the viewpoint of the bank officials that the blind cannot protect ATM cards due to their disability, saying many sighted ATM cardholders damage and lose their cards in broad daylight. He said supporters of accessible banking have raised the issue with Governor State Bank through email, with a request to develop a policy on accessible banking and if it has already developed it then it should instruct the banks to implement it.
Referring to talking ATM machines installed in various countries, he said a blind person plugs in a headphone and starts receiving instructions regarding the use of ATM.
He demanded of the State Bank to issue directives to all the banks for issuance of ATM cards to the blind people who are very much part of the society.


http://lflegal.com/2009/08/pakistan-atm/

Talking menus improve life of blind people in Hawaii restaurants

Aug 4: A lightweight device could make Hawaii restaurants and other businesses, hospitals and government agencies more accessible to more customers, patients and clients.

Imagine that you are blind or visually impaired with a guide dog or cane, and you go to a restaurant where the server hands you a menu.

Imagine that you can neither speak nor read English, and no one at a restaurant, hotel, government office or hospital can understand what you need or want.

Imagine you are a prosecutor, and the most heinous criminal ever encountered will be freed because they were not Mirandized in a language they understand.

Landa Phelan, longtime advocate for the blind and visually impaired, is the local account executive for Florida–based Menus That Talk and Tours That Talk and is introducing them to Hawaii.

“The state needs it,” she said. “I want to make things better today for tomorrow.” Pronounced “LAWN–da,” her first name is short for Yolanda.

Her calm, soft voice betrays the strength that has burgeoned in the 14 years since the onset of her blindness due to wet macular degeneration, involving retinal bleeding.

“Being blind has been rewarding because I’ve learned to be humble, and I’m not so judgmental of people. I don’t judge them by their clothes, their hair. … I just listen to them … and I see inside them. I see clearer, I think.”

The devices, about the size of a DVD case, play audio according to which labeled area of its surface is pressed.

It was a restaurant experience that led to its invention by Susan Perry and electronics–savvy friend Richard Herbst, now her vice president, based in Florida.

Given talking greeting cards, she mulled talking menus. She and Herbst set about trying to “figure out the most intuitive way for the equipment to operate,” using Braille and multiple languages, she said.

Available almost two years, they are in restaurants, police departments and attractions.

Push the drinks button to hear choices; the appetizer button for dishes and prices; etc.

A pullout earphone gives hearing–impaired users playback privacy and interfaces with Telecoil–equipped hearing aids.

Another button sets lights to blinking, beckoning the server to take the order.

Star–Bulletin photographer Craig Kojima also lit up about the prospect of getting shots of blinky lights, as shown with Phelan.

Businesses’ accountants could light up, given the 50 percent federal Americans with Disabilities Act tax credit. Restaurants with fewer than 30 full–time employees and less than $1 million in annual revenue are eligible, Perry said.

The cost varies but is generally about $3,500.

Professional voice actors record the audio, which can be easily updated online.

Local restaurants might request local talent, given the many former radio personalities needing work.

Note to Jimmy Buffett: Celebrity owners might further brand their eateries by recording their own menus. Tours That Talk units are used at Miami Metro Zoo through a revenue–sharing program. “The patrons love it,” said Alain Capiro, public facilities manager.

They provide more information than the signs sighted guests read as they walk around. “Kids from 4 to adult can use it,” and they are durable and easy to maintain.

Employees wipe them clean and change the foam headphone covers between users –– and the units stack into a bracket that plugs into a wall, charging all units simultaneously. “I believe it’s going to catch on at other parks, museums” and other attractions, he said.

Source: http://www.starbulletin.com

Bursa opens Turkey’s first library for deaf people

A library of Turkish sign language was opened on Monday in Bursa to serve hearing–impaired people. In the library, Turkish sign language interpreters have been hired to teach new words to hearing–impaired people. Those who wish to learn sign language can use CDs in the library to teach themselves.

According to Recep ?ahin, the founder of the library, Turkish sign language has been used for more than five centuries and Ottoman statesmen used this language to prevent foreigners from understanding what they were talking about.

“The idea of sign language was transported to Europe via French diplomats who discovered Ottoman statesmen used a specific sign language during their negotiations. Later, the Americans learned of sign language from French diplomats and started to use it,” stated ?ahin, adding that sign language used to be common in the Ottoman palace and was also used in various parts of the empire. According to ?ahin, many hearing–impaired people from Turkey can communicate with people from North Africa, the Balkans and the Arabian Peninsula because the traditional imperial sign language has had an influence on sign language used in those regions.

Discussing literacy among hearing–impaired people, ?ahin stated: “Even educated hearing–impaired people in Turkey do not know many words in sign language, and those who cannot use Turkish sign language have very restricted ways of communicating with the world around them. We decided to open a library to standardize sign language.” In the library, books are summarized and loaded onto CDs that can be copied for free.

Source: http://www.todayszaman.com

New Phone Technology Helping Hearing Impaired people

Aug 5: New technology is helping the hearing impaired communicate better and more efficiently.

Hamilton Telephone Company announced an agreement with the Louisiana Relay Administration Board to provide captioned telephone service in the Bayou State.

The new telephones will enable people to communicate on the telephone and at the same time get a text that reads the conversation back to the recipient. It’s similar to closed captioning on television.

Louisiana residents may be able to receive one of the phones at no charge through the Louisiana Telecommunications Access Program.

Source: http://www.klfy.com

Disability Shouldn’t Be a Factor (Even Though It Is)

Let’s get down to brass tax. Disability is a probably the biggest part of our lives. No matter what your limitation is, our everyday is built around what we can’t do. And that’s totally fine. It’s what to be expected from life with a disability. But that’s where it needs to stop.

The day to day logistics of living with a disability (i.e. travel, eating, using the bathroom) are the only part of being crippled that we should allow to infect our life. Please let me elaborate. Since I’m in a wheelchair, I’m going to stick to that in my examination as it’s the easiest for me to speak from. We’ve all probably had the experience where a stranger relates to us only through the stereotypes of disability.

You know exactly what I mean. Infantilized. Ignored. Treated as weak. And the problem is not with these people who see us through the prism of disability. It’s that we allow it. Too many times have I seen people in wheelchairs play into the stereotypes assigned to us. People think we don’t have the cognizance to hold a conversation. The correct response is obviously to strike up a conversation, but a lot of us sit quietly in the corner. We’re not supposed to be intelligent.

Border line mentally handicapped even. What’s the answer? Place ourselves in the halls of higher education. However, I recently discovered that at my university there were only four people in wheelchairs on campus including myself. Four. That number is disturbingly low. How are handicapped people supposed to improve our places in society if we don’t get the education required? The handicap are non-sexual. We are not supposed to be attractive or be attracted to anyone. Instead of correcting this fabrication, we sit at home on a Saturday night instead of inserting ourselves into the singles circuit. Issues like these are important and yet I see them too easily glossed over when discussing disability.

The main topic seems to be living easily and not happily. We need to confront these problems as a group. Otherwise things will never really change for us. And as an addendum I’d like to add that this is only my experience. I’m sure there are a number of disabled people who live fully in the community. However, I’ve never seen them.

Disaboom 09/072009

What Is Recruitment & Employment Discrimination? – An Employer’s Guide

By Peter Brooks

Background:

Several Acts of Parliament, from the Equal Pay Act of 1970 to the Equality Act of 2006, have made it unlawful to discriminate against an employee or a candidate for employment on a number of specified grounds. This legislation is backed up by a series of Regulations released between 1999 and 2006.

Responsibility for advocating the causes of human rights and diversity, and for enforcing the legislation, lies with the Equality and Human Rights Commission, a ‘Non-Departmental Public Body’ set up in 2007 to bring together the work of the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission. In addition, it holds responsibilty for matters of inequality relating to age, sexual orientation and religion or belief.

What Constitutes Discrimination?

Broadly speaking, it is to make an assumption about or an assessment of an individual’s ability to carry out a job on the basis of some aspect of their character or background, or their membership of a particular social group, which is not pertinent to that job. As such, the practice is regarded as reductive of their human rights and dignity, and is deemed unlawful.

As well as having the obvious potential to demean or distress the person(s) targetted, it is not good business practice. Discrimination can have a demoralising effect on the rest of the workforce, and can taint a company’s public profile to the detriment of its growth.
“Discrimination, whether conscious or not, limits an organisation’s ability to get the best from its workforce. Employers who promote equality of opportunity among their workforce can draw on a wider pool of talent and experience, and create an environment where employees are valued and supported, and appreciate their colleagues’ contribution. A climate where unlawful discrimination is fostered, condoned or ignored cannot provide these benefits.”

Aspects of Discrimination:

Within the bundle of laws that address this issue, certain categories of discriminatory behaviour have been legally defined and outlawed. These are the most significant:

• Direct discrimination – this occurs when a job-description specifically requires membership of a particular group, for instance that all applicants be female or of a certain age-range.
• Indirect discrimination – this takes place when a job-requirement might exclude certain members of the working population through their differences physical or cultural. Examples here are height restrictions and rules against workplace headgear.
• Victimisation – where a complainant is targetted by the employer with arrested promotion or diminution of workplace benefits.
• Harrassment – this might include making threats or unwelcome comments about a person’s background or circumstances, or various forms of sexual contact and/or innuendo.
• Segregation – to separate one or more workers from other members of the workforce on the grounds of their age, gender, ethnic or religious background, disability or sexual orientation.
• Not making reasonable adjustments – the most obvious example of this is where an employer fails to provide wheelchair access and special toilets for the disabled, thus effectively eliminating them from a potential job-opportunity.
• Instructions and pressure to discriminate – employers should not instruct or pressurise employees to put in place practices which might discourage members of disadvantaged or minority groups from full participation in workplace activity.

Key Considerations for Employers:

It is important to note that one of the key tenets of the legislation is that an employer is equally responsible for the discriminatory actions of any employee, whether or not those actions were authorised, unless evidence of comprehensive anti-discrimination policies and practices (for example, equality audits, induction and training, grievance procedures and so on) can be supplied.

As well as complying fully with the requirements of anti-discrimination law, employers pursuing a positive approach will come to recognise that there are clear business advantages to be gained from fostering a climate of equality within the company:

“A firm’s success and competitiveness depends on its ability to embrace diversity and draw on the skills, understanding and experience of all its people. The potential rewards of diversity are significant: an organisation that recruits its staff from the widest possible pool will unleash talent and develop better understanding of its customers. It will also enable it to spot market opportunities. Promoting diversity in the workplace need not be expensive or time-consuming but it does require a commitment from the top to trigger a change in culture and attitude.”

Legislation aside, employers need to be mindful of the negative impact on their business of discriminatory practice: low motivation and morale, poor productivity and higher staff turnover, all these have a direct cost, as does a tarnished reputation.

Action for Employers:

Most employers will already have in place robust policies and procedures for tackling discrimination. Those that do not will need to carry out an audit, write up an equality policy and implement a grass roots action plan in order to avoid rendering themselves liable to challenge under the law. These should be drafted in the spirit of diversity and inclusion, and ideally by entering into dialogue with the workforce. They would include matters relating to:

• Recruitment, selection and promotion: employers should be mindful of the need for the highest possible level of objectivity in the appointment process. Transparent, traceable criteria are useful here. It is recommended that once a list of the qualities demanded by the job has been drawn up, each be given a numerical weighting (according to relative importance) and each applicant be subjected to a scoring process, enabling candidates to be ranked. It is also prudent to file and retain all paperwork, in case of a dispute.
• Pay and benefits
• Retirement
• Training
• Workplace attitudes and behaviour

Once completed, it is important that a communication strategy be also implemented. Staff induction and training in the company’s stance on equality and diversity will need to follow.

Acas can help employers in the drawing up and the execution of an equality policy. In the first instance, see their booklet: ‘Tackling Discrimination and Promoting Equality – Good Practice Guidance for Employers.’

What Groups Are Affected ?

An act of discrimination on any of the following grounds is considered potentially unlawful:

• Age
• Sex
• Disability
• Religion or belief
• Being married or in a civil partnership
• Being pregnant
• Colour, race and ethnic or national origins
• Sexual orientation
• Transgender status

Each of these topics is treated in a separate article. Click on the subject of interest.

More Information:

Equality & Human Rights Commission Helplines:

England – 0845 604 6610
Wales – 0845 604 8810
Scotland – 0845 604 5510
Acas Helpline: 0845 74 74 747

Chartered Institution of Personnel and Development (CIPD) Website:
http://www.cipd.co.uk

Equality & Human Rights Commission Website:  http://www.equalityhumanrights.com/en/forbusinessesandorganisation/employers/pages/default.aspx

BERR Website:
http://www.berr.gov.uk/whatwedo/employment/discrimination/index.html

Acas Website: http://www.acas.org.uk

Free Business Thinking

Barrier-free buildings in 3 years

New Delhi: For  26-year-old Neela Sharma [name changed], a small step inside a  government building, where she has been employed for the last six  months, takes Herculean effort. While her colleagues march on, she takes her time to negotiate the two stair-steps at the entrance of the building, steadying herself with the help of her artificial leg and  without the support of a railing.  This daily ordeal may end  for Sharma and over 21 million differently-abled Indians, in the next  three years, as the central government has drawn, for the first time,  an action plan to provide a barrier-free environment in all major  public buildings in the country. Disabled-friendly facilities like an  access ramp, toilets, signage and Braille signage lift control will be  provided in the Prime Minister Office at South Block by September this  year. Similarly, other central government buildings like Nirman Bhawan,  Krishi Bhawan, Udyog Bhawan, Shastri Bhawan, Indira Gandhi Museum and  National Archives of India will also see these facilities come up this year.

The urban development ministry, which is the nodal ministry for implementation of this action plan, will cajole the states to make amendments to the building bylaws over the next two years to facilitate creation of provisions for the disabled in public buildings. As a first, the ministry will undertake access audit of around 50 central buildings in Delhi, the work on which has already started. The access audit will identify barriers in the buildings for the disabled such as approach, main gates, parking  building entrance, public dealing areas, signage, lifts, staircase, ramp, toilets, lighting, exit and emergency evacuation facilities.   “To begin with, the ministry will undertake access audit of around 30 central buildings in Delhi. The idea is that a disabled person should also be able to participate fully in all aspects of society,” a ministry official told The Indian Express. After discussions within the ministry, the access audit report will be implemented by the Central Public Works Department and other agencies within two years in the national capital.

The implementation of the report will be monitored by the ministry every six months. “Further, random audit of access shall also be carried out in consultations with building owners. Such reviews shall also be integrated with the existing mechanism for review of programmes like Jawaharlal Nehru National Urban Renewal Mission,” said the action plan document prepared by the ministry. To assist the state governments, the central government will prepare and disseminate common guidelines for barrier free environment, in consultation with experts from IIT, Roorkee and NGOs by March 2010.  So far, only 13 out of 35 states and union territories have amended their laws, while three others — Chandigarh, Goa and Mizoram — are in the process of doing so  currently.

The women’s movement must do more for disabled women

Disabled women are crowded out in both the disability movement and the women’s movement, says Anita Ghai. Feminists, she says, have failed to recognise the different experiences of disabled women in a sexist and able society.

“What will be your fate if your body isn’t normal — and it has nothing to do with being fat or your ability to produce a son?” Reshma (a disabled woman in India).

In the last decade, disabled people in India have made relentless efforts to push through disability legislation, get included in the census and make representations to the media, among other things. Even though the legislative framework is not as strong as it should be, it is only when the laws are stipulated, that space is provided for the disabled to participate in the wider society. Though the pace is slow and the efforts fragmented, nevertheless there is now some visibility for the disabled in a society that tends to largely ignore their existence. Disability in the Indian context is often understood as a ‘lack’ or ‘deficit’ as well as a ‘difference’. Very few people accept the fact that disability is as much a social construct as, say, gender. Since the normative culture in India and the world over carries existential and aesthetic anxieties about differences of any kind, be it caste, class, gender, race or disability, people who are impaired in any way have to live with markers such as ‘disabled’, ‘handicapped’, ‘crippled’, ‘differently-abled’ and ‘special’. This results in an existence marked by acute marginalisation, discrimination and stigmatisation and disability appears more as a personal quest and tragedy to be borne alone. Even those of us who have lived and studied in apparently inclusive educational institutions, have felt the intolerant attitude of Indian society towards disability.

Society thus exhibits a structural amnesia about disabled people who do not fit into the hegemonic discourse of ‘normality’. The resulting social and cultural apartheid is sustained by the existence of a built environment that lacks amenities for the disabled and caters solely to the needs of the more complete and able-bodied ‘other’. This social neglect coupled with economic and political subjugation denies the disabled a voice, a space, and even power, to disrupt these deeply-entrenched norms that deprive them of a social presence and any semblance of an identity. To survive as a disabled person in such a blinkered social environment has meant coming to terms with unequal power relationships. This is reflected most clearly in the absence and invisibility of the disabled in forward-looking social movements and dialogues in India, including the women’s movement.   Having spent the last 12 years actively fighting for the realisation of the rights of the disabled, I know that disability is not the only social marker of distinctiveness. Most fights for the rights of the disabled both in developing countries as well as the developed world are male-centric. For women with disability, social experiences are much more limited; it is difficult for them to grasp that the personal is political. In the Indian context the bias is reflected in the primary questions raised by the disability movement in the past decade. The concerns are related to issues such as employment, inclusion in the census, implementation of the disability legislation and, more recently, accessibility to the built environment.

The disability movement in India has not fought a single battle which has focused on feminine concerns such as reproductive health and the violation of the basic rights of disabled women. The widespread use of forced hysterectomies of disabled women in government and private institutions all over the country has been ignored by leaders of the disability movement who are essentially middle-class educated men. Disabled women are simply not regarded as women – they are encouraged to be childlike and apologetic towards able-bodied society, which judges them as being better dead than alive.  Though there are commonalities between disabled men and women, the form of oppression is always refracted in some way through the prism of gendered locations both in India and in the West. More painful, however, is the neglect of disabled women by the feminist discourse in India. While some individual women may have benefited from the efforts of various women’s groups, the issue has never received any focused attention. Though feminist voices have always questioned patriarchal oppression, this has not extended to disabled women, who should be a natural ally.

Feminists have failed to recognise the different experiences of disabled women in a sexist and able society. This neglect has been felt acutely in western societies too, though there, feminists who have either become disabled as a result of a chronic illness, or acquired disabilities at a young age, did take up this issue. These scholars have to some extent redeemed the situation. In India, though, the feminist discourse continues to exclude the concerns of disabled women. It is true, though, that disabled women in general do not have to deal with the same oppressions that non-disabled women have to deal with, primarily because disabled women are not seen as women in an able-bodied society. For example, women with disabilities have not been ‘ensnared’ by many of the social expectations that feminists have challenged. However, this is actually indicative of a negative rendering of their lives, as the usual roles such as marriage and motherhood are out of bounds for them. While it is true that the specific issues for women with disabilities may vary from those of non-disabled women, the reality of womanhood, which includes the usual experiences and fears of a patriarchal society, are bound to be similar. However, with a body that does not ‘measure up’ to society’s norms, the situation becomes precariously unbalanced.  One reason for this has been that within feminist discourse, challenging the universal subject of ‘woman’ was problematised only recently. In the Indian scenario, calls to integrate the disabled into the feminist movement were often met by a patronising tokenism, which argued that though exclusion of disability was real, the system was helpless to challenge the perfectionist norms of a biased society. Though couched in politically correct language, it is clear that disabled women do not count as significant.

For Indian feminists, disability continues to be synonymous with the identity of being a woman, such that its specific character does not receive its due and is lost in the concern or lack of concern for women’s rights in general. It is true that in a country like India, where there are innumerable problematic issues, some prioritisation does have to take place. However, to disabled women this looks like a replication of the patriarchal order where the male decides what the agenda and priorities of human life should be. Consequently, assumptions are made about a hierarchy of oppression and disabled women do not find any space in this hierarchy. Feminists’ concern is limited and myopic, which results in paying only lip service to the demands made for inclusion. Consequently, an engagement with the issues of disability is more rhetoric than meaningful inclusion.  However, over the past ten years, issues concerning disabled women have been highlighted within the realm of the women’s movement. There have been some gains and we need to reflect on these. In May 2005, the Indian Association for Women’s Studies’ national conference in Goa was on the subject ‘Citizenship, Sovereignty and Gender’. The conference is held once every three years, but that year it was an historic event because for the first time it included a symposium on issues of disabled women. Though as usual we were speaking mainly to the converted, the meeting did provide the opportunity to listen to other disabled women talk about their lives and to understand that there are  feminists with disabilities who were ready to work together to bring about change in the lives of  their fraternity.

Although the conference was “accessible”, access was defined in a limited way. The toilets were either too far away or not accessible. In another conference in Mumbai where disabled women were present in large numbers, many workshops were held in locations that were unreachable, with no elevator access. Inclusion surely means more than just making nominal arrangements for those of us living on the periphery.  The 2008 Women’s Studies conference went a step further and discussed disability issues in a plenary, but still there were only two women delegates who were disabled among almost 500 women. Thus, while the feminists’ fight against oppression in India is for recognising disability issues, it is not yet fully cognisant of them. For the first time, the mainstream Journal of Gender Studies bought out a special issue on Disability, Gender and Society (May/August 2008, Volume 15, No 2, published by Sage). Though a lot more work needs to be done, this is a welcome starting point.

While there are sensitive women who have heard the voices of their disabled relatives, colleagues and friends, within the broader feminist discourse and practice a certain tokenism prevails. To really hear disabled women’s voices, the women’s movement has to acknowledge the social, economic, communication as well as architectural barriers that prevent disabled women from sharing their stories and engaging in a public discourse. It’s time that the women’s movement interrogates able-ism. This is seen in women’s services that are not physically accessible or that assume that accessibility is just a wheelchair ramp and nothing more. For example, for women who are hearing impaired or visually impaired, accessibility may mean using sign language or Braille format. Able-ism is also reflected in the kind of language that non-disabled feminists use when referring to feminists with disabilities, as for example, “you are so brave” or “it’s really wonderful that you were able to get out and come to this conference.”  If at all the gender dimension has been considered, it has been through a ‘double disadvantage’ hypothesis. The feminist discourse in the West attempted to connect disability theory and feminism by arguing that disabled women must deal with the two-fold but separate oppressions, of being a woman in a sexist society and being disabled in an able society. Once each of these oppressions has been charted out, one can then ‘add’ the two together to understand disabled women’s oppression. In other words, a disabled woman faces dual oppressions, one on the level of ‘disability’, and the other on the level of ‘gender’. Both the identities are similar in that they are both social constructions derived from two biological facts—one of impairment, the other of sex. They are also alike in that neither impairment nor sex in and of themselves are challenging or difficult—that is, they become a problem only when placed in a social context that constructs them as flaws. So, if the reality of disabled women’s lives is to be comprehended, the negativity associated with both sex and impairment needs to be recognised.

Many feminist thinkers in the field of disability have objected to this ‘double disadvantage’, as such writings, they believe, do not empower. We, disabled women, need to find a way to make our experiences noticeable and shared in a way that draws attention to our concerns but not at the cost of undermining our self-esteem. An ‘additive’ framework in which the attempt is to understand separate oppressions and then add them back together as if that would explain the whole experience marks this kind of thinking. Implicit in this assumption is that gender, disability, impairment and sex are binaries. As a result, disabled women are theorised about by adding the two ‘biological foundations’ of sex and impairment to conclude that disabled women are oppressed along the twin axes of gender and disability.  When the popular metaphor posits women as being inherently disabled, as it does in India, it forecloses the possibilities of a meaningful dialogue. For instance the recurrent use of disability becomes a symbol for other kinds of limitations. In personal conversations women have said that “being a woman is the biggest form of disability”, and that “disability is like belonging to the lowest caste possible”.
There are several ways of understanding these analogies. One way is to look at the socio-cultural meanings ascribed to female bodies and those assigned to disabled bodies. Both the female and the disabled body are excluded from full participation in public and economic spheres; both are conceived in opposition to a norm that is assumed to possess natural superiority. Such comparisons can be both emancipatory and oppressive. If the objective of invoking such comparisons is to understand different people’s lived experience and grasp their authenticity, the potential is immense. However, if the underlying realities of the categories serve only at a metaphorical level, it can lead to a total erasure of the category which is being invoked. Consequently, the emancipatory possibilities are lost as attention is focused on the main object, which is women in this case, leading to the marginalisation of the disabled voices, which for cultural reasons have anyway never been heard. As feminists we need to underscore the fact that interdependence is key both for non-disabled and disabled women. An interrogation of the notion of perfection is critical. Disability both for men and women in India is not a singular marker; there are other markers of difference and inequality such as poverty, caste, class and religion. Even though universal sisterhood is problematic, feminism still has the potential to align itself with the disability movement in order to resist the hegemonic discourse. It is necessary for non-disabled women to question the label of disability. How many would label another person disabled if they were to look them squarely in the eye and say, “You are out of the reckoning because of the kind of choices we made. We constructed an inaccessible world in which you do not fit: therefore the only choice is to stay out as a special category.” My hunch is, not many. Thus, what is urgently required is collaboration between the non-disabled world and the disabled world, to engage with each other.
(Anita Ghai is Reader, Department of Psychology, Jesus and Mary College, New Delhi)

GAO report: Arizona polling place accessibility improves

Friday, 19 June 2009 14:07

Phoenix, Ariz — The Government Accountability Office (GAO) this month released a report that found polling place accessibility nationwide increased by 11 percent, rising from 16 percent in 2000 to 27 percent in 2008. However, the majority of sites still pose challenges to theelderly and persons with disabilities, particularly for voters in wheelchairs. As the designated protection and advocacy system for Arizona, the Arizona Center for Disability Law (ACDL) receives a grant under thefederal Help America Vote Act (HAVA) to ensure that persons with disabilities in Arizona have equal access to polling sites. Our work includes assessments of polling places to determine if those sites meet federal accessibility requirements like parking and building entrances.

ACDL provides feedback to County Election Directors on the accessibility of their polling sites, and files state administrative complaints under HAVA for those counties that failed to comply with federal accessibility requirements. ”Polling place accessibility in Arizona has improved over the same time period,” said Peri Jude Radecic, ACDL Executive Director. “Our oversight has been critical in pushing County Election Directors to select the most accessible location as a polling site. In addition, Gov. Jan Brewer provided leadership and funding to counties when she was Secretary of State to assist with the purchase of equipment that created temporary modifications for those sites with accessibility challenges.”

Radecic said, for example, that in Yavapai County, accessibility increased 100 percent. ”In 2008, we surveyed polling sites in advance of the 2008 Presidential Preference Primary and found that nearly every site surveyed failed to meet federal accessibility requirements. As a result of our efforts, Yavapai County relocated polling sites and purchased equipment that increased the accessibility of all sites that previously failed under our review,” said Radecic. This month’s GAO report is the first in a series of three reports that GAO will release on voting accessibility this year. The next report is expected to be released in September and will provide more detail on voter access and the role the U.S. Department of Justice plays in enforcing voter access under HAVA. The final report will be released in November and will focus on voting practices for residents in long-term care facilities.

“While we have made gains in voter access, we still have a long way to go in Arizona,” said Radecic. “County governments have been required to make voting accessible since 1973. The fact that we continue to find inaccessible polling sites in Arizona is unacceptable and clearly demonstrates the need for continued enforcement of federal civil rights laws for persons with disabilities.” Radecic and other disability rights organizations met with Secretary of State Ken Bennett on Wednesday. Voter accessibility was one of the topics for discussion.

A copy of the current U.S. GAO study on voter accessibility can be found here

Conscientious Objectors of WWII

By Steven J. Taylor
professor, Syracuse University

“Mental Hospitals Are Again Under Fire” read an editorial describing critiques of state institutions for people with psychiatric, developmental, and other disabilities. It was published in a leading mental health journal in 1946. It was written in response to a long series of exposés of state institutions across the country. The editorial acknowledged that the psychiatric establishment had tolerated squalid conditions and brutality at the nation’s institutions for too long. The exposés had been brought about through the efforts of young conscientious objectors (COs) during what is widely regarded as America’s “good war.”  The editorial could have been written yesterday. On May 17, a group of self-described mental health clients and psychiatric survivors staged a rally at the annual meeting of the American Psychiatric Association in San Francisco protesting medical coercion and forced treatment. Ninety-nine disability rights activists were arrested at a Capitol Hill protest on April 28 urging passage of federal legislation guaranteeing the right to receive services in the community rather than nursing homes and other institutions. Groups around the country have endorsed the right to community living for people with intellectual and developmental disabilities.

Today’s struggles give us a chance to recall the heroic works of the conscientious objectors of World War II. About 12,000 men performed civilian public service as an alternative to serving in the military during that war. Initially, they labored at forest, park, and soil conservation camps located in remote areas. Eventually, the Selective Service approved the establishment of “detached” units at which COs served as human guinea pigs in medical experiments, worked on public health projects in the rural south, and performed other forms of service. Approximately 3,000 men were assigned to work at mental hospitals and training schools that faced severe labor shortages during the war.  Civilian public service projects, including mental hospital and training school units, were sponsored by the historic peace churches–the Mennonites, Friends or Quakers, and Brethren–and a smattering of other religious groups, including an association affiliated with the Catholic Workers. Although the majority of the men came from the peace churches, their ranks represented over 120 religions, including Jews and African American Muslims.

The young COs were appalled by the conditions they found at the institutions. Wards contained as many as 350 severely disabled patients crammed into dark, depressing dayrooms and dormitories, with as few as one or two attendants on duty. Brutality was rampant at the institutions. Many of the regular attendants were drifters and so-called misfits who could not find employment elsewhere. Beatings of
patients–with fists, pipes, or rubber hoses filled with buck shot–were commonplace.  Institutional conditions and the brutal treatment of patients challenged the pacifist and humanitarian beliefs of the COs. Most tried to counter the violence at the institutions through individual acts of kindness and caring. The COs held endless debates about the difference between cruelty and force necessary to protect patients from harming themselves or others. Some Mennonites questioned whether their religious philosophy of nonresistance permitted the use of any form of coercion against another human being. At Quaker units, COs were inclined to bring institutional conditions to the attention of public officials and the press. At Philadelphia State Hospital, COs launched a national movement to reform state institutions. Reports on institutions they collected from other COs formed the basis for Life’s “Bedlam 1946″ article, an abridged copy of which was published in Reader’s Digest.

After the end of the war, the Philadelphia COs established a national foundation to further their aims. Included among their supporters were Eleanor Roosevelt, ACLU founder Roger Baldwin, actress Helen Hayes, and author Pearl Buck. From 1946 to 1950, their foundation
published educational materials for attendants and the public, created a legal division to reform state commitment laws, and sponsored radio dramas broadcast nationally on CBS and NBC. Then, in 1950, faced by chronic financial problems and led by a board of directors lacking the passion and zeal of its founders, the foundation formed by the COs merged with two mainstream organizations to create a new mental health organization. Within a brief period of time, the new organization lost interest in institutional conditions and turned its attention to other matters. The institutions became out of sight, out of mind once more. The efforts of World War II COs to reform the nation’s care of people with psychiatric and intellectual disabilities have since faded from professional and public memory.

The late 1960s and early 1970s issued in a new era of attacks on institutions that continues to this day. The idealistic young COs of World War II were unsuccessful in making lasting reforms at mental hospitals and training schools. Perhaps their efforts were doomed from the start. There are limits to the degree to which institutions can be made to be pleasant places to live. Further, the COs never developed what would have been their natural constituency: people with disabilities and their family members. This is what makes the COs’ efforts stand out from current reform movements that are led by those most directly affected by how services are structured. On Memorial Day, we remembered those individuals who have served the country in times of crisis. The World War II COs who sought to improve the plight of some of the nation’s most vulnerable citizens should be counted among what Tom Brokaw called the “greatest generation.”

Steven J. Taylor, Ph.D. is professor of cultural foundations of education at Syracuse University and co-director of SU’s Center on Human Policy, Law and Disability Studies. He is the author of “Acts of Conscience: World War II, Mental Institutions, and Religious Objectors.”

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