What Women Want: The ability debates

DEEPA ALEXANDER

The triumphs and disasters of the differently-abled in India are two ends of the spectrum. Among the 70 million disabled in our country are those who have conquered peaks, won gold at the Paralympics, and raced in Himalayan and desert car rallies. But, millions more struggle to meet daily challenges in a society that tends to portray the disabled  as either heroes or victims with little or no access to their rightful resources. The proposed amendments to the Copyright Act (1957) are seen as restrictive and discriminatory, as the copyright exception, which aims at allowing persons with disability easy access to copyrighted material, applies only to certain types of disability. We spoke to activists who address these issues, not as charity or welfare but as matters of development and dignity.

Change in attitude

National Trust’s programmes work on building capacity, changing patronising attitudes, building trust in the abilities of people with developmental disability and creating an equal playing field. Unfortunately, deeply entrenched attitudes  continue to exclude people with disabilities. Even if an opportunity is given, it is given only once; if a person with  disability fails, incapacity is assumed. But, in the recent case of a young woman with intellectual disability who had been raped in a women’s home, the Supreme Court upheld her right to ‘choose’ to keep her baby, and she has proved to be a competent mother. However, the disapproval of the intelligentsia in the media is an indicator of the social prejudices people with disabilities have to live with.

Implement their rights

Ability Foundation’s thrust is on creating an equitable society. Through our magazine Success & Ability, we spread this message at a time when service to the disabled was seen only at the physical, and not at the emotional level. Persons with disabilities need access to inclusive education, employment and public places. Being ‘accounted’ in the Census 2011 will open up a plethora of possibilities. Accurate data will enable Government intervention at various levels, leading to proactive action. We need ramps for wheelchair users, audio announcements in bus / train stations for the visually-impaired, and video announcements for the hearing-impaired. Floor numbers in Braille for lifts, sign language interpreters in every hospital, police station and court of law, slip-proof flooring in malls, and large-print books in public libraries for those with low vision are the other needs. The implementation of the rights of persons with disabilities as per the United Nations convention and the Persons with Disabilities Act (PWD), in letter and spirit, is also essential.

A development issue

My daughter Tamana was born with cerebral palsy. It pushed me to found an organisation in 1984 to fulfil the dreams of children with special needs and those of their parents. Therapy and counselling for children and their families is essential for optimum adult rehabilitation. Since Independence, the disabled have been categorised along with sections such as women, Scheduled Castes and Scheduled Tribes. While these have had powerful political lobbies, there has been no spokesperson for the disabled. The dichotomies between the Ministries of Education and Social Justice further worsen the exclusion. Most policy-makers look at disability as a welfare, not a development issue. Disability should be jointly addressed by the Ministries of Health, Women and Child Development, HRD, Social Justice and Empowerment. The definition of disability in the PWD Act does not include autism, which leaves out nearly two million autistic persons in India. Admitting disabled children in normal schools is not enough — you need to have professionally trained staff, who are sensitised. I also hope for a different curriculum for special children, even as they are being integrated in the mainstream. Better pay scales will also bring in more jobs in the disability sector.

Public-private partnership

NGO-run establishments provide free schooling for disabled children. The Government has provided legislative intent  through the Inclusive Education Act, which makes it mandatory to include all kinds of impaired children. However,  Government schools that cater to the poor are generally marked by grossly inadequate infrastructure and teaching  aids, so imagine the predicament of the disabled. I would like a public-private partnership for day-care and residential  institutions which provide educational and recreational service on a long-term basis. This needs to be supported by   research institutions which focus on technology, communication and teaching aids. We need to benefit from global  expertise, and customise them to local needs. As Childline’s primary mandate is child protection, I feel that the  Government must compulsorily provide for a child protection policy in any institution that deals with disabled children, as, such children are more vulnerable to abuse.

The copyright angle

The Centre for Internet and Society is associated with the copyright amendment movement for persons with  disabilities, and is one of the founding organisations for the Indian Right to Read campaign. At present, the proposed copyright amendment is detrimental to the disability sector’s needs. The exception extends only to ‘specially designed’ formats such as Braille and sign language, and does not benefit the millions who have cerebral palsy, dyslexia and low vision, and the visually-impaired persons who do not know Braille. Such persons require audio, reading material with large fonts and electronic texts, which are not ‘specially designed’ formats. For conversion to non-specialised formats, the amendment proposes a licensing system, which will permit only organisations working for the benefit of the disabled to undertake conversion and distribution. This will prevent educational institutions, SHGs, other NGOs and print-disabled individuals from undertaking conversion. The licensing system will also require approaching the Copyright Board for each work, which will be extremely time-consuming. The waiting period for obtaining permissions and subsequent conversion will result in students losing academic years, a violation of their right to education. The  proposed amendment violates the Constitutional guarantee of equality under Article 14 since it discriminates between  those visually-impaired persons who know Braille and those print-disabled persons who do not. It is important for the  nation as a whole to take the concern of persons with disabilities as a mainstream concern.

The Hindu

Rejig of discrimination laws should enshrine equality for all

DOMINIQUE ALLEN
May 3, 2010

The government needs to back its words on human rights with action.

THE Rudd government recently said it would review the four federal anti-discrimination laws with a view to merging  them into a single act.  The review could be the most significant aspect of the government’s new  human rights  framework – but only if the outcome is a law that will effectively tackle inequality. Australian law has prohibited discrimination for more than 30 years. These laws have eradicated the most overt forms of discrimination. Women can’t be prevented from applying for jobs based on gender. People can’t be removed from a pub because of their race. We cannot afford to be complacent; by no means do we live in an equal society.  Women’s participation in the workforce is 58.7 per cent, compared with 72.1 per cent for men, most women work part-time and many industries remain highly segregated. Race discrimination persists. We only have to think of the recent attacks on Indian students in Melbourne or the fact that indigenous people experience a standard of living well below that of the non-indigenous population. A recent ANU study found that a job applicant with a non-Anglo-Saxon sounding name will find it much more difficult to  get a job interview than an applicant with one. People with a disability face many obstacles in accessing buildings,  services and public transport.

The reason for this discrimination is dealt with case by case. There is no institution, like the ACCC or the Ombudsman, that can make sure that people are given a ”fair go” at work or school, or in the services they receive. It is up to victims to do something about discrimination.  If I am discriminated against by a potential employer because I am female and likely to have children soon, my only option, apart from trying to sort the matter out with the employer, is to lodge a complaint with the Australian Human Rights Commission. The commission will arrange a conciliation conference for the parties and we’ll try to resolve the issue. The chances are we will. We’ll spend a few hours discussing what happened and I’ll walk away with a small financial settlement in return for not going to court and keeping the matter confidential. That will resolve the issue for me, but what if there are other women in the workplace who have had a similar experience? What about other employers who are considering doing the same thing? Will my complaint deter them?

The answer is that the system can do little to help people in a similar situation to mine, or to discourage potential discriminators. If the Rudd government simply decides to combine the race, sex, disability and age discrimination acts under one umbrella act, nothing will change; Australia will continue to tackle discrimination in a piecemeal fashion. There is another option. The government could commit to actively tackling inequality and introduce the legal tools to achieve it. This is not a novel idea. Other countries have been doing it for decades. In the US, at least since the Kennedy administration, government contractors have been required to take action to ensure their workforces are  representative, or they risk being ineligible for government contracts. In Northern Ireland, specific employers have been required to achieve fair participation of the Catholic and Protestant communities in the workforce since 1989. South Africa introduced similar requirements to remedy decades of apartheid. In Britain, equality is promoted beyond employment. Public authorities have to consider the need to promote equality of opportunity based on race, gender and disability when carrying out their functions. This meant that when the Department of Health became aware that diabetes was prevalent among Britain’s Afro-Caribbean community, it made sure that its national framework for  tackling diabetes took the needs of that community into consideration. The Rudd government could also follow Victoria’s lead. Just last month, the Victorian government introduced laws that will enable the Equal Opportunity and Human Rights Commission to launch investigations into persistent or entrenched discrimination, rather than relying solely on victims to do something about it. Following an investigation, the commission will work with the organisation to resolve the issue.

The organisation may only need to change its behaviour or it may agree to something more comprehensive, such as developing an action plan to eliminate discrimination. Australian governments were once leaders in promoting equality and protecting human rights on the international stage. Let’s not forget that South Australian women were the first women worldwide to be extended the franchise as well as being allowed to stand for election. The Rudd  government recently reasserted Australia’s commitment to protecting human rights by becoming one of the first countries to sign the Convention on the Rights of Persons with Disabilities. It’s time for this government to bring that commitment to equality home by introducing laws that actively promote equality and give substance to the catch cry, a ”fair go” for all.

Dr Dominique Allen is a research fellow at the Institute of Legal Studies, Australian Catholic University.

Internship Programme for Law Students

The Centre for Disability Studies, NALSAR University of Law invites applications for its summer internship programme from interested undergraduate and postgraduate law students. The Centre headed by Professor Amita Dhanda is geared to generate legal knowledge on disability issues and to promote a rights based discourse on disability. The Centre is engaged in research-based activities to catalyse State and civil society understanding on disability rights along with documenting current developments in disability law and policy.  The Centre for Disability Studies functions through the following five wings

• Teaching and Training;
• Awareness Building and Sensitization;
• Litigation and Conveyancing;
• Research and Publication and
• Documentation.

Currently, the Centre is involved with the following activities –

1. Preparing the Country Report on the UN Convention on the Rights of Persons with Disabilities (UNCRPD)
2. Proposing Amendments to the National Trust Act of 1999 in order to bring it in conformity with the UNCRPD
3. Documenting the lived experience of persons with disabilities placed under legal guardianship
4. Devising Customized Capacity Building Programs for Non-Governmental Organizations on the UNCRPD to enhance their community based initiatives on disability rights.
5. Curriculum Development for an Awareness Raising Distance Education Program

The Centre will accept applications for a period of four to six weeks for the months of May, June and July. Applicants must state whether they are applying for a full-time internship based in Hyderabad or a part-time research internship. The part-time research internship will require students to conduct research and gather information about the state of the rights of persons with disabilities based on their location during the internship period for preparation of the Country Report on the UNCRPD. For effectively documenting the rights status of persons with disabilities in every part of the country, students based in the north-eastern states, hilly regions and rural areas are encouraged to apply. The centre is also keen to engage students with disabilities in various activities of the Centre. Internship applicants should submit an updated resume together with a one page personal statement, on interest in human rights generally and disability law and rights more particularly. The application must highlight the specific areas of interest of the applicant so as to facilitate the placement with a particular wing/current task of the Centre. Applications will be considered on a rolling basis.

Applications, nominations and enquiries should be addressed to the Head of the Centre for Disability Studies at internships.cds@gmail.com

Manmohan promises disabled-friendly laws

FIGHTING FOR THEIR RIGHTS: Physically challenged persons, under the banner of the National Platform for the Rights of the Disabled and led by CPI(M) leader Brinda Karat, march on Parliament Street in New Delhi on Tuesday to press their demands. Photo: V. Sudhersan

Prime Minister Manmohan Singh on Tuesday said the government was in favour of amending the laws, if need be, to make them more disabled-friendly. He gave this assurance to a delegation of the differently-abled persons who met him in Parliament. The delegation was led by CPI (M) MP Brinda Karat.  “The Prime Minister was extremely sympathetic towards the demands of the disabled persons and said their demands were genuine,” Ms. Karat said. Dr. Singh assured the delegation of changing the laws to make them disabled-friendly, if necessary. The Prime Minister interacted with the members of the delegations and enquired about their problems. Talking to The Hindu, Ms. Karat said this was the first time that a delegation of differently-abled persons had visited Parliament House. “It was pointed out to the Parliament staff that there was only one gate (Gate no 9) in Parliament House for the physically disabled people and this was far away from the main entrance,” Ms. Karat said. The delegation also met the Union Minister for Social Justice and Empowerment Mukul Wasnik who told them that the government was finalising a new law for the disabled that would replace the existing law.

Earlier, a large number of people with different forms of disabilities marched to Parliament House to demand a better deal. Marching under the banner, ‘National Platform for the Rights of Disabled Persons,’ the people highlighted the plight of the economically and socially disadvantaged among the disabled, the poor, and the Scheduled Castes and the Scheduled Tribes. “The basic issue is that of the approach of the government and we must request you to consider our demands not as an act of charity but as fulfilment of entitlements and rights as equal citizens of India. India is a signatory to the United Nations Convention on the Rights of the persons with Disabilities which enjoins the government to ensure minimum rights and livelihood to disabled citizens,” the marchers said in a memorandum submitted to the Prime Minister. The demands include a comprehensive social security system for all persons with disabilities and their families including the Antyodaya cards, free health care for disabled persons, amendments to the Right to Education Act to make provision for disabled teachers and professional and identification of jobs for the disabled immediately with annual special recruitment drives each year.

Besides setting up a separate Ministry for disability affairs, the memorandum also sought issuance of a universally valid identity card and replacing the current Persons with Disabilities Act (1995) in consonance with the provisions of the U.N. Convention and harmonising other laws, the disabled persons also wanted proper enumeration of the persons with disabilities. The organisations that participated in the march included the Paschimbanga Rajya Pratibandhi Samaiilani, the Differently Abled Persons Welfare Federation of Thiruvananthapuram, the Karnataka Rajya Angavikalara Mattu Palakara Okkota, the Jharkhand Vikalanga Morcha, the Tamil Nadu Association for the Rights of all types of Disabled and Caregivers and the Vibhinna Prathiba Vanthula Jakkula Vedika of Andhra Pradesh.

The Hindu

The Disability Pact in the EU 2020 Strategy

Written by Inclusion Europe

12 April 2010

The Disability Intergroup is a group of persons who want to improve rights for people with disabilities. They met at the European Parliament.  They tell policy makers of the European Union what measures they should take and how they should use money. On 23 March a meeting hosted by Adám Kosá, president of the Disability Intergroup, and the European Disability Forum (EDF) took place at the European Parliament. Experts on disability policies discussed how the Disability Pact can be integrated into the EU 2020 Strategy. The disability movement’s objective is to direct EU 2020 toward equal opportunities, social protection and inclusion of people with disabilities. The long term goal is to improve the lives of about 65 million of European citizens with a disability. Adám Kosá, who is the first deaf Member of the European Parliament, urged EU leaders at the meeting to adopt the Disability Pact. He also called on organizations and NGOs to maintain the pressure on policymakers to include the Disability Pact into the EU 2020 strategy. The Disability Intergroup wants to ensure that the European Union budget is used to benefit the rights of disabled people and not for building up or maintaining barriers. Their main objective is to direct funding to programs that promote accessibility and non-discrimination, increase the employment rate of disabled people and advance the ratification and implementation process of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Ádám Kósa said that the four-year program for the Intergroup has been adopted. The issue of the deposition of the UN CRPD will be discussed at the next Intergroup meeting in Strasbourg on the 20 May. Delmira Seara, Counselor for Social Affairs at the Permanent Representation of Spain, and Gábor Iván, Hungary’s Ambassador to the EU, committed themselves to mainstream disability in all relevant flagship initiatives of the Europe 2020 strategy. But despite modern legislation and policy proposals at European level, people with disabilities and their families still face social exclusion and discrimination in their every day lives. Wasilios Katsioulis, who has a disability himself and is a Member of the Parliament’s Disability Support group talked at the meeting about the exclusion of his son from the European school in Brussels. According to Wasilios Katsioulis his son who is autistic was expelled from the European school in Brussels which made no effort to meet his son’s needs. The child speaks only German and does not understand other languages because of his disability. Consequently, he spent 8 months at home without schooling. The family had to arrange that the son lives in a German speaking community in Belgium with his mother during the week in order to go to school and the family can only unite over weekends. Article 24 of the UNCRPD on education states that States Parties should “ensure an inclusive education system at all levels” and that “persons with disabilities are not excluded from the general education system”. The Disability Pact wants to provide a framework for inclusion and promotion of disability rights and policies in EU Member States and at European level. The Disability Pact is based on the principles of improving the living conditions of disabled people and their equal rights. The framework of the Pact relies on existing policies at international, European and national level. A successful inclusion of the Disability Pact into the European 2020 strategy would direct the strategy’s goals toward issues such as equal employment opportunities for people with disabilities, social protection and inclusive education. To find out more about the disability intergroup, please click here To read more about the Europe 2020 Strategy, please click here

Call to encourage voters with learning difficulties

People with some learning difficulties are being encouraged to vote

A campaign is being launched to help people with  learning disabilities to vote in the next General Election.

It is estimated that 500,000 people in England with learning difficulties could vote but do not. It is also estimated only about 16% of people with learning difficulties voted at the last election. The United Response charity wants to raise that figure and has sent out what it calls a “toolkit” to all MPs, urging them use to jargon-free language. The toolkit includes a CD explaining its message, which  includes a request for MPs to use visual material where possible. The charity is calling on all the major parties to produce manifestos in a form that is easy to understand for people with learning disabilities.

United Response chief executive Sue Sayer said its campaign had been running for the past three  years. “The campaign is really important because what people told us it that they find political  information – I’m talking about manifestos and policy documents – really difficult to understand. “And of course it’s vital that they can understand what’s being proposed because so many political decisions have a real impact on their lives. “In a General Election things like health and social care, benefits, direct payments, they’re all very important. And in a local election things like public transport come up time and time again.”

MP interest

Ms Sayer said the response from MPs to the charity’s approach had been “fantastic”. She added: “They’ve been so enthusiastic, I’ve had hand-written letters from so many MPs saying how great it is to have this toolkit.” The report makes a series of recommendations, including calling for an increase in the number of people with learning disabilities voting in 2010, to at least 40%. It also wants all main political parties to make the information about their policies and their candidates as accessible as possible ahead of the election, with easy read manifestos as a minimum. The law says that anyone with a broad understanding of what voting is about, and the ability to choose between candidates is eligible to vote. The voting figures for the general population for the last election was 61%.

BBC NEWS

People With Disabilities Experience Their Possibilities at Abilities Expo Los Angeles

Abilities Expo is this weekend on April 9-11, 2010 at the Los Angeles Convention Center

LOS ANGELES, April 5 /PRNewswire/ — Thousands of people with disabilities, their families, caregivers, seniors, veterans and healthcare professionals are expected to attend Abilities Expo on Friday, April 9, through Sunday, April 11, 2010 at the Los Angeles Convention Center. Admission is free and show hours will be Friday 11 am to 5 pm, Saturday 10 am to 5 pm and Sunday, 11 am to 4 pm.

Abilities Expo has put together an impressive line-up of exhibits, celebrities, workshops, events and activities to appeal to the full spectrum of people with disabilities, from children to seniors and everyone in between. “Abilities Expo’s distinguished 31-year track record of enhancing the lives of people with disabilities through technology, education and networking will continue in Los Angeles,”
said David Korse, president and CEO of Abilities Expo. “Between the adaptive sports demonstrations, the interactive assistive technology pavilion, the dynamic workshops and the thousands of products and services on display … this is a must-attend for everyone in the Community.”

The Latest Products and Services

Attendees expecting cutting-edge products and services for people with all types of disabilities will not be disappointed. They will find mobility products, medical equipment, home accessories, essential services, low-cost daily living aids, products for people with visual impairments and much more. The new Assistive Technology Pavilion will feature 2,000 square feet of the latest AT products for people with wide ranges of physical, sensory and developmental disabilities. This pavilion is anchored by the Team of Advocates for Special Kids  (TASK), who is sponsoring an Interactive Demo Lab. This lab will not only feature an array of breakthrough assistive technologies, it will  allow Expo visitors to experience them hands-on.

Relevant Workshops

A series of compelling workshops which address pressing disability issues will be offered free-of-charge to all attendees. Sessions will focus on travel, dating, finances, home modifications, the criteria to getting the best accessible vehicle and that is just for starters. Special sessions will also be available for healthcare professionals.

Extreme 360 Wheelchair Back Flip, Rock Climbing, Adaptive Rowing and More!

Abilities Expo does not merely inform, it engages and it entertains. “Wheelz” Fotheringham will perform his jaw-clenching, Guinness-record  earning wheelchair back flip. Attendees who thought rock climbing was outside the realm of possibility will find themselves at the top of a fully-accessible adaptive rock climbing wall. The next Ms. Wheelchair California will be crowned on site. To round it out, there will be interactive adaptive sports, dance performances and instruction, adaptive rowing, canine assistance demos, kid-focused activities and an Artist Market showcasing the works of local artists with disabilities. There will even be free H1N1 vaccinations administered by the Los Angeles County Department of Public Health while supplies last.

Celebrity Encounters

Actor, writer and producer Richard “Jaws” Kiel will be signing autographs and photos for fans at the Expo. The 7’2″ Hollywood legend is best known as the relentless, steel-tooth assassin who pursues James Bond across multiple continents in The Spy Who Loved Me and as Adam Sandler‘s biggest fan in Happy Gilmore. Paralympian athlete Angela Madsen will also be on hand to demonstrate adaptive rowing and showcase her famous ocean rowing boat, RowofLife. It was this vessel that carried her into Guinness record fame as the first woman to row across the Indian Ocean.

Miracles Happen

Attendee Desiree Trujillo, the mother of five-year-old Alexzander, a child with congenital cerebral palsy, is especially excited about the upcoming event. “I can’t wait for the new Abilities Expo!” she said. “Zander has gotten very good with the walker he received at last year’s show and wants to show off.” When fitted with Prime Engineering’s KidWalk at the 2009 Southern California Abilities Expo, Alexzander walked hands-free for the first time. Witnessing the child’s profound transformation from a neighboring booth, Joe Hallock and Gregg Weinschrieder, co-owners of SleepSafe Beds, bought the life-changing equipment for him.

For more information, schedules and directions, visit www.abilitiesexpo.com/losangeles/4.html.

Website: www.abilitiesexpo.com

Profile: Bethany Stevens, Disability rights activist

April 5, 2010 at 5:00 pm by Bobby Feingold in Profile

Bethany Stevens, who holds both a law and sexuality studies degree and works at Georgia State University’s Center for Leadership in Disability, recently helped organize the Reel to Real Disability Film Fest to better portray the realities of disabled people.

When did you first become involved in disability rights activism?

I lost somebody that I loved to suicide. Before he committed suicide, he told me that the reason he was feeling so tired was that he couldn’t achieve erections because he had a spinal cord injury. I also hosted a conference about disability and sexuality while I was in law
school, and that [experience] really shifted my focus to disability and sexuality.

Tell us about the film festival.

I’ve selected films that focus on people with disabilities played by actual people with disabilities. We’re moving away from things like My
Left Foot with Daniel Day-Lewis, when people get Oscars when they play people who are disabled. Similarly, if they act like they’re gay —
like with Milk. That’s just annoying. There are actors who are disabled and gay Why can’t they be playing those parts? Shouldn’t they have visibility? Shouldn’t they have a presence in media?

Why do you think so few people, both disabled and non-disabled, have neglected to have meaningful conversations about disability?

I think part of it is that people don’t want to be disabled. I think that my visual presence — disabled people’s visual presence — frightens
nondisabled people because it’s a slippery category. People can slide into it with that freak accident. I also think that historically we’ve
been excluded, and we’ve been institutionalized. We’ve just now been coming out. We’re just now being able to physically access places.

What do you see for yourself in the future?

I want to be a scholar-activist forever. I want to get into media production. I want to start making films and short documentaries. I want people to pay me to speak all over the world. I have a book that I need to publish. I’m definitely going to be a die-hard disability
activist until I die.

(Photo by Joeff Davis)

Telework firm urges federal training on hiring disabled workers

By Ed O’Keefe

Almost half of human resources officials responsible for hiring and retaining federal workers say they have not received adequate training on how to manage and retain employees with severe disabilities, according to the results of a survey by the Telework Exchange and the Federal Managers Association set for release Monday. Many are also unfamiliar with mandates designed to promote the hiring of disabled applicants and hiring rules that allow for the noncompetitive hiring of disabled people. Though 71 percent of the respondents said their agencies are committed to hiring disabled workers, 40 percent said they have not received adequate training to effectively manage disabled employees, according to the survey. The Telework Exchange, continuing its push for advancing teleworking, and the Federal Managers Association partnered on the study in advance of a conference set for next week that will press the Obama administration on the teleworking option for federal workers. “Telework is certainly one way that would allow many people with disabilities to utilize their talents on behalf of the government, while overcoming barriers that may keep them out of the workplace,” said Todd Wells, executive director of the Federal Managers Association.

The survey also noted that 45 percent of federal hiring managers surveyed said they have not received adequate training on retaining disabled employees. The voluntary online survey of 513 federal hiring officers from across the government was taken between Jan. 25 and Feb. 5, roughly a month before the Office of Personnel Management held a training session for more than 600 federal hiring managers about hiring and retaining disabled workers. During the session OPM unveiled a new online training tool for hiring officials that instructs them on how to use Schedule A, a noncompetitive hiring waiver that permits agencies to hire severely disabled individuals, an OPM spokesman said. The agency is developing a similar training tool for disabled applicants wishing to be hired under the waiver. “We are working diligently to attract and hire individuals with disabilities,” OPM spokesman Edmund Byrnes said in a statement.

OPM and the Labor Department’s Office of Disability Policy also will hold a hiring fair on April 26 at the Washington Convention Center. More than 70 agencies with job openings have been invited to search a database with more than 4,000 resumes of disabled applicants. Agencies are encouraged to schedule interviews with disabled applicants at the April event, OPM said. A House committee last week approved a bill that would require the federal government to develop plans to expand the policy across the federal workforce. Agencies would be required to hire a telework managing officer, responsible for overseeing implementation of the policy. By the end of fiscal 2011 OPM Director John Berry, a teleworking advocate, hopes to double the number of teleworkers from the 102,900 of fiscal year 2009. The White House said Kareem Dale, President Obama’s special assistant on disability policy, will address the survey’s findings at next week’s conference.

Washington Post Sunday, March 28, 2010; 9:17 PM

Mobilising campaigners for disability and development

In May 2008, the United Nations Convention on the Rights of People with Disabilities (UNCRPD) entered into force. This latest expression of the spirit embodied in the Universal Declaration of Human Rights was brought to life largely through years of campaigning by disabled people, their organisations and their allies. The UNCRPD guarantees people with disabilities the right to full participation in every aspect of society, calling on governments and civil society groups to make all of their programmes inclusive and accessible, including development projects.  Disability campaigners earned another victory in November 2009, when the UN General Assembly passed a resolution recognising the importance of including disability in all Millennium Development Goal (MDG) programmes. Before this, the MDGs had made no mention of disabilities.

This international recognition is crucial as people with disabilities are among the poorest and most marginalised in the world. While 10% of the world’s people are disabled, 20% of people living on less than a dollar a day have disabilities. In some countries, 90% of children with disabilities do not attend school and the unemployment rate for disabled people in some African nations can be over 80%. Without urgent attention to such issues, it will be impossible to meet the Millennium Development Goals.  It is now essential to build on the campaigning achievements behind the UNCRPD and the new MDG resolution. Every country must sign, ratify and implement the UNCRPD, which is still the subject of intense lobbying from disability and development stakeholders worldwide. Its rights-based agenda will also demand new approaches from campaigners and development practitioners alike to ensure that all programmes, including those designed to meet the MDGs, are based on inclusion and participation.

You are invited to explore how people with disabilities, disabled people’s organisations and other organisations can best campaign for the promises of the UNCRPD and MDGs to be realised. How can they most effectively mobilise disabled people to become local, national and international campaigners? What additional barriers to effective advocacy might disabled people face compared to non-disabled people? How can the larger development community ensure that it supports this advocacy work and changes its own policies to include disability?  Useful sites for your research include.

• www.lcdisability.org/international
• www.lcdisability.org/youngvoices
• www.lcdisability.org/uncrpd
• www.un.org/disabilities
• www.africandecade.org
• www.gpdd-online.org
• www.dpi.org
• www.unicef.org/protection/index_43931.html
• www2.ohchr.org/english/issues/disability/index.htm

guardian.co.uk

The right to learn

Universal primary education by 2015: this is the second of the Millennium Development Goals (MDGs), agreed by every country in the world in 2000. Yet this mission will only succeed if it reaches all children, including those with disabilities.  Today more than 80% of all children in developing countries are enrolled in primary school, but up to 90% of children with disabilities in developing countries do not attend school. They then miss out on education’s lifelong benefits – better employment opportunities, greater participation in society, improved health and a clearer understanding of their rights.  This enormous gap has many causes: lack of access, inadequate facilities, the mistaken belief that disabled children cannot go to school and discrimination are all factors. While learning can take place in many settings, often the most effective way for children with disabilities to get an education is to attend their local, mainstream schools.

This approach, known as inclusive education, sees changing school cultures as a positive process. Disability is not viewed as the problem; rather it presents an evolving opportunity for change and growth that enables schools to take account of the needs of all children in their area. Without such efforts, meeting MDG 2 will be impossible.  In 2008 a second worldwide initiative was added to the MDGs – the United Nations Convention on the Rights of People with Disabilities (UNCRPD). This human rights treaty takes a rights-based approach to disability and development and states that ‘States Parties shall ensure an inclusive education system at all levels…’  With the world now committed to every child’s right to full participation in every country’s educational system, it is vital to assess which methods of inclusive education are most effective. What are the predominant reasons that children with disabilities do not attend school? How can governments, international organisations and local school systems work together to ensure that every child is included in school? What is the best way to influence and adapt educational systems so that all children can participate?  You are invited to explore these issues and write about both the range of barriers to education that disabled children face and the best ways to tackle this worldwide problem.  Helpful sites to begin your research

• www.LCDisability.org/international
• www.unesco.org
• www.unesco.org/en/efareport/
• www.un.org/millenniumgoals/education.shtml
• www.dfid.gov.uk/Global-Issues/Millennium-Development-Goals/2-Achieve-Universal-primary-education/
• www.dfid.gov.uk/Media-Room/Press-releases/2009/UK-reviews-education-programme-in-the-developing-world/
• www.dfid.gov.uk/Documents/publications/DisguideDFID.pdf
• www.worldbank.org/disability

guardian.co.uk

M.S.J.E. considering a new law over amendments, Wasnik tells D.R.G.

p>D.N.I.S. News Network, India: In what can be termed as a big step forward for the Indian disability sector, Ministry of Social Justice and Empowerment (M.S.J.E.) is finally considering the option of going in for a brand new law based on U.N.C.R.P.D. as opposed to their earlier stand on going in for amendments to the archaic Disability Act of 1995. This was disclosed by Minister M.S.J.E., Mukul Wasnik in a meeting with a delegation of Disabled Rights Group (D.R.G.) led by Convenor Javed Abidi on February 9.  Although it was clear that Wasnik was still mulling the option, he said that he was “open to the idea” of going in for a new law. He had maintained a similar position in August when the D.R.G. delegation met him. However, this is the first time Wasnik has publicly spoken about a new law. He also talked about the possibility of going in for a new law in a meeting with the Parliamentary Committee on Social Justice on February 8.

Wasnik refuted the rumour that M.S.J.E. is going to place the Amendments Bill in the coming Budget Session. He hinted that the Ministry may consider going in for more consultations on the issue of a new law.  Abidi once again reiterated the unanimous demand of the disability sector for a new law that was observed in the National Consultation held by National Centre for Promotion of Employment for Disabled People (N.C.P.E.D.P.) and the North Zone Consultation thereafter.  The D.R.G. delegation consisted of Arun Rao, Executive Director, The Deaf Way Foundation; A. S. Narayanan, Secretary, N.A.D.; Dr. Achal Bhagat, Director, Sarthak; G. Syamala, Executive Director, A.A.D.I.; J. P. Gadkari, President, Parivaar; Radhika Alkazi, Managing Trustee, A.A.S.T.H.A.; Dr. Shanti Auluck, Director, Muskaan; and Vandana Bedi, Consultant, Disability and Development.

It may be mentioned that N.C.P.E.D.P. and D.R.G. are going ahead with their Zonal Consultations, as well as the drafting of the new law by the D.R.G. Core Group as planned.

DNIS, 15th Feb 2010

Nasscom to start job portal for aspirants with disabilities

Deepa Kurup

It will issue advisories on working towards accessibility

BANGALORE: Soon, the IT sector’s commitment to inclusiveness towards the disability sector will be etched in cyberspace. Industry trade body Nasscom (National Association of Software and Services Companies) will launch a dedicated portal that will facilitate recruitment for persons with disability by creating a repository of applicants, available skill-sets and potential recruiters.  This was one of the key agendas at the first-ever meeting of the newly constituted Nasscom disability advisory group. Disability rights activists, who celebrated the creation of this 12-member group last week, are now ecstatic to see that the group — comprising Nasscom, industry members and civil society groups — means business.

Info kits

Speaking to The Hindu, the group’s chairperson Pradeep Gupta said that the measures would work towards increasing employability for persons with disabilities. Further, the group decided that informative kits, prepared by the National Centre for Promotion of Employment for Disabled People (NCPEDP), would be circulated among Nasscom members to create awareness on existing initiatives. “ICT firms have their heart in the right place. Now, we will work towards getting the brain part right. There is no lack of will, but issues like accessibility (technical and physical) may not have been thought about. Our aim will be to build that awareness,” Mr. Gupta said. The group, with a tenure of two years, decided that Nasscom would issue advisories to its member companies. These advisories would be on physical accessibility (in accordance with guidelines submitted by NCPEDP on facilities such as ramps or lifts) and software or technical accessibility.  It would focus on compliance of websites and electronic products with international standards.  Javed Abidi, director of NCPEDP, believes that the creation of an industry forum can make an impact. Internationally, it is mandated that websites be WCAG. 2.0 Compliant (an international standard that ensures websites are disabled-friendly) and electronic goods are disability-friendly. “What has held us behind?” he asked.

Double standards

Today, a year after the Union Government issued guidelines that all websites be disabled-friendly, only one of the 5,000 sites has complied, he said. “Even private Indian firms that ensure disability-friendliness while creating or servicing goods for the international market have for long practised double standards when it comes to domestic products such as mobile phones, microwaves or even ATMs. If this group can achieve that transition it will be worthwhile.” While this is not a diktat to companies, it will at least create awareness and sensitivity in the private sector. Nasscom president Som Mittal said that the group would work towards leveraging technologies to skill people who are differently-abled, so they could find jobs and employability in various sectors. “Accessibility can be built into the design. But the real challenge will be to work towards building technology that can facilitate better access and inclusivity. Also, several companies already have inclusive programmes, for employment and training, and we hope other companies will benefit from their learning through this forum,” Mr. Mittal said.

The Hindu

Student Forum Reclaims Radical Disability Studies

By Miriam Berger, Assistant Features Editor

At a University where classes such as “Gender in a Transnational Perspective” and “Ethnographic Approaches to Queer Studies” have moved towards the mainstream, Allegra Stout ’12 nevertheless felt that something was missing.  “I’ve been interested in disability studies for a long time,” Stout said. “A lot of classes have disability as a side note, but I wanted a more focused way to look at it.”  Disability studies—an inter-disciplinary field that approaches disability as a key aspect of human experience and identity with important political, social and economic implications—will now be redeemed from its sidebar status in a new student forum led by Stout, as well as Ariel Schwartz ’12, and Meredith Holmes ’10, that meets Thursdays from 1:10 p.m. to 4 p.m.  “We are going to look at disabilities the way that everyone looks at race and gender,” Stout said. “The forum will study people with disabilities as a marginalized oppressed group and seek to create social theories about that experience.”  The Americans with Disabilities Act (ADA) of 1990 defines a disability as a “physical or mental impairment that substantially limits one or more of the major life activities of such individual.”  Under the ADA, Americans with disabilities are afforded similar protections against discrimination as the Civil Rights Acts of 1964.  According to Schwartz, disability studies have developed over the last few decades as a more theoretical approach to embodiment and the experience of having a disability.  “When you volunteer for the special Olympics, it’s not the same as looking at the issue from a social science, oppression based way,” Schwartz said.

The discussion-based forum, which requires about sixty to eighty pages of reading a week, is intentionally flexible to accommodate different learning styles and creative pursuits. Each of the eight participants is required to lead one class, submit several papers, and complete a final project.  One component of the discipline is the social model theory of disability.  “The idea is that instead of the traditional medical view of disability in which there is something internally wrong with a person, the social model locates a person in the interaction between him or herself and a society that isn’t set up for them,” Schwartz said. “It’s not that your leg is broken, but that society is disabling you.”  “Crip theory,” another element of disability studies, was developed in connection with queer theory and addresses the oppressive normalizing forces of society that shape the experience of disabled embodiment.  According to Sheila Mullens, Visiting Instructor in American Sign Language, this forum is part of a wider academic movement.  “There is such a need in advocacy, law, and education for an approach like this,” said Mullens, who incorporates lessons on deaf issues into her second year sign language course. “I think that this is a wonderful beginning. It is an important part of the community.”  Across the country, institutions such as Teachers College of Columbia University, University of California at Berkeley, and Temple University, have all instituted disabilities studies programs on both the undergraduate and graduate level.

Schwartz urged Wesleyan to consider taking a similar path.  “There are a lot of classes that deal with disabilities tangentially,” Schwartz said, noting in particular American Sign Language, Psychotherapy Pathology, Ethics of Embodiment, and the Psychology of Gender. “I easily counted 10 classes that could fit under a disability class course structure.”  Stout has a similar aspiration.  “In the same way that a few decades ago women studies and female, gender, and sexuality studies (FGSS) didn’t exist, disability studies are a new, rapidly growing discipline.” Stout said. “I hope that this student forum will lead to interest in more professors and classes specializing in this field.”  Such was the case for Emily Wenzel ’10, who had no prior exposure to these theories before hearing from Holmes about the forum.  “I think that it’s interesting to look at, or attempt to look at, these experiences through someone else’s perceptive who deals with these considerations everyday,” Wenzel said.  Wenzel, whose brother was disabled in an accident, found the open environment of the forum ideal for discussing topics, such as the appropriate terms to use for identification, often hesitantly approached in other courses. For Crystal Abbott ’10 this forum provided the opportunity to build upon previous activism.

“I’ve been involved in the autistic community for some time,” said Abbott, who is autistic. “Disability activism is something that I intend to be involved with all of my life. I see this forum as a resource for me to get a deeper academic knowledge about disability activism and history.”  Stout originally presented the idea for the forum during a meeting of Wesleyan Students for Disabilities Rights, a group that she founded last fall as a freshman. Stout, Schwartz, and Holmes all attributed their interest in this field to personal influences, such as the experience of a family member with a disability or positive volunteer encounters.  Stout, however, stressed that disability studies is not an all-encompassing term.  “Disability studies does not include everything that deals with disabilities,” Stout said. “It is opposed to some approaches to disabilities, such as organizations, medical practices, and charities that evoke pity.”  She echoed Schwartz’s sentiments that volunteering should not merely be about the volunteer helping the person with disabilities, but rather should accentuate the strengths of both parties in order for each individual to gain from the perspective of the other.

While the forum’s facilitators lauded the University’s attempts to increase the accessibility of campus, such as the recent wheel chair ramp installed at 200 Church, they noted that a wider campus awareness of these issues is still needed.  “Accessibility isn’t just about ramps,” Schwartz said. “It’s about lighting, about the way people teach, and a million other everyday things.”

Wesleyan Students for Disability Rights meets on Mondays at 8:30 p.m. in Usdan 114. Students can contact Allegra Stout (astout@wesleyan.edu) for more information on the forum or about the group’s campus work.

All experts agree that community-based living the way forward

Sisters Maeve, Bernadette, Geraldine and Mary Dolan at the HSE home in Castlepollard,
Co Westmeath, where Geraldine used to live.

HOW THEY DO IT ABROAD: MOST WEALTHY western countries have been closing down institutions for people with disabilities for the past 40 years.   The UK finally closed its last institution in 2009, while Norway and Sweden phased out institutional care many years ago. In the US at least two-thirds of old-style care homes are closed, while programmes are afoot to replace the remainder.   Most people with intellectual disabilities in Europe who are still in institutions are concentrated in central and eastern European countries such as Poland, Hungary and Romania, a legacy of the Soviet era.

Experts agree that community-based living is the way forward. It allows people with intellectual disabilities to use the same range of accommodation and living patterns that are available to the rest of the population.   “It’s about ensuring they have a good quality of life and participate as full citizens in social, cultural and economic activities to the extent and in the ways the individual chooses,” says Prof Jim Mansell, an UK-based expert on disability.   This can involve independent living or supported accommodation in homes that typically have no more than five or six residents. Larger care homes built in the community are already considered outmoded.   While there is no formal programme of de-institutionalisation here, we may need to act sooner rather than later. The Government has signed – but not ratified – the UN Convention on the Rights of People with Disabilities. A key provision – Article 19 – gives rise to the right of independent living.

It provides for “a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community.”   Prof Gerard Quinn, an expert in disability law who played a key role in the drafting of the convention, says it will have major implications for Ireland.   “My interpretation is that all institutions and mini-institutions would have to be phased out in favour of wrapping housing and services around individual needs and preferences.   “The key is how do we modernise service delivery to ensure that can happen. There’s a lot of learning to be done on how this can be done successfully.”

Irish Times

Standards of care is vital to safeguarding the rights of disabled people

by Mary Keogh & Charles O’Mahony

According to an article in the Irish Times today, more than 500 official complaints (approx three a week) over the past two and a half years have been made regarding abuse and mistreatment of disabled people in residential settings. The most serious incidents included allegations of abuse or physical assault by a staff member at a number of residential centres.  Currently Ireland has no mandatory standards or independent inspections for assessing care provided by residential services to disabled people. Health Research Board statistics for 2008 show that there are more than 8,000 adults with an intellectual disability in receipt of full-time residential services. The majority of these services are provided through voluntary service providers at an approximate cost of €1.5bn to the Irish government. Despite this volume of state funding, these services remain uninspected and unregulated.  Disability advocates such as Inclusion Ireland have been petitioning for standards and an independent inspection for residential services for over a decade. As part of the 2010 budget announcements, standards were introduced on a ‘voluntary basis’ due to the pressure on public finances. The Irish Times article quotes that ‘officials privately say it would of cost between €5 million and €10 million’.

Article 16(1) of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) (2006) requires the state to ‘take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects.’ Section 16(3) of the Convention provides ‘[i]n order to prevent the occurrence of all forms of exploitation, violence and abuse, States Parties shall ensure that all facilities and programmes designed to serve persons with disabilities are effectively monitored by independent authorities.’ The lack of independently monitored facilities’ and programmes preventing the perpetration of abuse and violence against persons with disabilities means that the state is not complying with the standards set out in the UNCRPD, of which Ireland is a signatory. There is a legal and moral urgency in challenging abuse and violence perpetrated against persons with disabilities. The scandal of abuse in other contexts demonstrates the danger in failing to protect vulnerable persons from abuse and exploitation. A system of voluntary standards (despite the best intentions of service providers) leaves the state open to legal liability for abuse perpetrated. (Potentially amounting to more than the funding required to enforce the appropriate standards.)

There is a significant research gap in Ireland in relation to the prevalence of abuse perpetrated against persons with disabilities. The NDA is aiming to fill this gap and last year called for tenders to establish a methodology for a national study on the experiences of people with disabilities of physical, financial, sexual or emotional abuse or neglect. The difficulties in defining and disclosing abuse, the reliability of existing reports and records of abuse and the invisibility of people with disabilities within the available mainstream data make research on this topic difficult according to the Council of Europe. (See Council of Europe 2003) .  The debate about standards in disability services is not a new one, yet it remains a low priority for our government. Recent reports showing abuse of vulnerable people, (Ryan Report, Murphy Report & Leas Cross Review) sends warning signals to policy makers and legislators that those most vulnerable, those living in closed spaces away from public scrutiny should be adequately safeguarded. This Report in the Irish Times is also not surprising as there is a substantial body of research on the abuse of persons with disabilities. There is evidence that suggests that children with disabilities are at an increased risk of abuse when compared to non-disabled children. Another leading American study indicated that children with disabilities are at greater risk of sexual and physical abuse and neglect when compared to non-disabled children. A considerable amount of research indicates that people with disabilities are at increased risk of different forms of abuse. Much of the research has focused on abuse of women with disabilities indicating that women with disabilities experience higher rates of abuse than non-disabled women and men with disabilities. The research indicates that women are vulnerable to sexual and emotional abuse by health care workers and personal care attendants, in addition to husbands and partners. The research has not explored abuse against men to the same extent, and it has been suggested that the rates of abuse may be much higher than perceived.

Disability Law News

Nasscom’s disabled-friendly initiative gets ecstatic welcome

Ramya Kannan

CHENNAI:

Earlier this week, through the contemporary media for newsbreaks, @javed_abidi tweeted about the constitution of Nasscom’s disability advisory group (DAG). Mr. Abidi, a vociferous campaigner for the rights of the disabled in the country, could scarcely contain his excitement. “It is phenomenal,” he said later, over telephone. “In fact, I think the word should be ‘historic’. We have been lobbying with the Nasscom for more than one-and-a-half years now. It is good to see they have finally understood the issue of disability and its connect with IT.” The disability sector is ecstatic with the DAG finally put in place. It is headed by Pradeep Gupta of Cyber Media, who has been sensitive to the requirements of the disabled. Ten members from the disability and IT sectors and a couple of representatives from the Nasscom Foundation, including Som Mittal, are part of the DAG. They are scheduled to meet on Monday. In using technology, there are a number of issues disabled users face which others cannot even perceive. Text size, contrast and audio-video formats, and assistive devices are considerations. “The group’s agenda is to focus on accessibility, employability and assistive technologies,” said Nasscom Foundation CEO Rufina Fernandes. The aim is also to leverage the members’ strengths to translate policy into tangible action. “We already have members who, as part of the industry, have been at the forefront of disabled-friendly initiatives,” Ms. Fernandes said. Besides more access, both to websites and technology, the broader goals of advocacy and imparting skills that facilitate employability will be pursued.

Easy Websites

Web Content Access Guidelines (WCAG) were evolved to make the worldwide web more accessible to all. Working on the principle, as Tim Berners-Lee, Director, World Wide Web Consortium (W3C) and inventor of the WWW, put it: “The power of the web is in its universality. Access by every one regardless of disability is an essential aspect.” The WCAG drew up the initial guidelines for site developers and web designers that would take care of the needs of older users and people with disability. The guidelines focus on aspects that will make websites easy for all, not merely special groups, to access. WCAG 1.0 claims that following the guidelines “will also make Web content more available to all users, whatever user agent they use [e.g., desktop browser, voice browser, mobile phone and automobile-based personal computer] or constraints they may be operating under [noisy surroundings, under or over-illuminated rooms, in a hands-free environment]. Following these guidelines will also help people find information on the Web more quickly.” In December 2008, W3C announced a new set of standards, WCAG 2.0. It is more broadly applicable to different technologies and has clearer criteria, and tools available to tell if your design fits the mould. Apart from increasing the font size, providing higher contrasts and incorporating text into voice components on any site, there is the need to develop hardware (such as special keyboards) and software with local customisation to benefit a large number of disabled users and facilitate their employability.

© Copyright 2000 – 2009 The Hindu

President Obama & Sec. Clinton Speak on Human Rights for Persons with Disabilities

On the 19th anniversary of the Americans with Disabilities Act, the President and Secretary of State laud the signing of the UN Convention on the Rights of Persons with Disabilities Proclamation. July 24, 2009. (public domain)