Monitoring the Human Rights of Persons with Disabilities: Direct and

Indirect Discrimination

Evaluation and Report of Disability Discrimination Case Studies in Asia-Pacific Region

15th DPIAP Regional Assembly 25th October 2012

Incheon, Republic of Korea

Chona M. SaboRegional Officer for Asia PacificDisability Rights Promotion International (DRPI)Email: chona_drpi@dpiap.org Website: www.drpi.yorku.ca

Contents Overview

Monitoring the Human Rights of

Persons withDisabilities

TheWays

Forward

Direct Discrimination

IndirectDiscrimination

SomeDiscrimination

Faced by Persons

with Disabilities

Causes ofDiscrimination

Vs.Equality &

Non-discrimination

• Direct Discrimination

“Say if you were of an ethnic minority and you went for a job and you were told when you arrived that the job was taken. You then arrange for a friend “without” disability to go for the same job and he was told it is still available. Or if you were at a job interview and you state that you have 4 children and the interviewer makes a remark about you having to have a lot of time off work.”

• Indirect Discrimination

“If you went for a job that states anyone who applies must have at least 10 years experience in the position which would put a young person at a disadvantage. Or if there were persons with disabilities facilities but they had to be accessed from the rear of the building next to the rubbish bins etc and everyone else goes in thru the front door. They're still providing the facilities and still saying anyone can use them but they're putting those people at a disadvantage or humiliation.”

• Equality and Non-discrimination

The principle of The principle of non-discriminationnon-discrimination means that all rights means that all rights are guaranteed to everyone, without distinction, are guaranteed to everyone, without distinction, exclusion or restriction based on disability or race, sex, exclusion or restriction based on disability or race, sex, language, religion, political or other opinion, national or language, religion, political or other opinion, national or social origin, property, birth, age, or any other status. social origin, property, birth, age, or any other status. EqualityEquality, in the context of disability requires creating , in the context of disability requires creating societal conditions that allow for difference in order to societal conditions that allow for difference in order to guarantee the equal participation and inclusion of people guarantee the equal participation and inclusion of people with disabilities in all aspects of society.with disabilities in all aspects of society.

• Some Discrimination Faced by Persons with Disabilities

• A man in India says that he has not been paid properly for any of the jobs that he has held because he is a person with a disability.

•A young man with a disability is put on the street to beg in Hong Kong.

•A woman in Nepal is abandoned by her husband after he has taken her dowry.

• Causes of Discrimination

• Myths/Misinformation

• Language

• Attitudes

• Social and Legal Barriers

• Environmental Barriers

• Monitoring the Human Rights of Persons with Disabilities

• What is Monitoring?

“the active collection, verification, and immediate use of information to address human rights problems. Human rights monitoring includes gathering information about incidents, observing events, visiting sites and holding discussions with government authorities to obtain information and to pursue remedies.”

• Holistic Monitoring

Individual Experiences

Systems (Law, Policies &

Programs)

Societal Attitudes

HOLISTIC MONITORING

(a)Tracking (monitoring) Individual Experiences

(b) Tracking (monitoring) Systems (laws, policies, programs and services)

(c) Tracking (monitoring) Attitudes

• What makes DRPI’s Approach to Monitoring Unique?

 

a) It uses a holistic approach (that is, it tracks disability rights in more than one way and brings the information together)

b) It puts persons with disabilities in the lead in monitoring

c) It considers human rights principles when assessing the specific rights

d) It recognizes that disability rights monitoring has to be an ongoing, long term process

• The Ways Forward

To achieve full recognition of people with disabilities as rights-holders, people must understand:

• the needs of people with disabilities are not “special” • the issues are politicized • separate but equal is not equal • people with disabilities have to be recognized as decision-makers

Thank you!!!