The Disability Rights Handbook serves as a key resource for family, care givers and diverse professionals, aiming to promote and implement the rights of persons with disabilities as stipulated by various policies, national and international laws. It is designed to help stakeholders learn about the legal requirements, resources available and ensure Persons with Disabilities’ rights are protected to the maximum extent of the law. Moreover, it allows one to jump from rights into areas of interest, to applications and programmes. It shares insights on concepts on human rights framing, enabling protocols, policies and legal framework.
1.1 Disability rights handbook objectives
To provide comprehensive information and instrumental guidance on policies, laws.
To empower and create awareness to Persons with Disabilities, their families, care givers and the public about their rights and services.
To guide implementation of associated programmes enshrined in the legal framework and pronunciation.
1.2 Disability Models
Models of disability provide a reference for society as programs and services, laws, regulations and structures are developed and are interpreted as favouring different responses to disability. Disability models are useful for understanding disagreements over disability policy, providing disability-responsive health care, and articulating the life experiences of Persons with Disabilities. Each model addresses the perceived causes of disability, appropriate responses, and deeper meanings. However, claims about the causal justification of disadvantage do not always yield straightforward prescriptions for their remediation (Wasserman 2001; Samaha 2007; Barclay 2018). Moreover, definitions of disability primarily focused on developing and interpreting legal and regulatory definition needed to implement disability policy heavily influenced by “anatomy”—impairment and social response.
The Charity Model of disability focuses on the individual as vulnerable and passive victims, in need of pity and care, with impairment being the main identifier (Retief, 2018). Persons with Disabilities are viewed as reliant on tasks performed by others, recipients and beneficiaries of services. The model depicts PWDs as helpless, depressed and dependent contributing to the preservation of stereotypes and misconceptions (Seale, 2006).
The Medical Model (Degener, 2016) regards disability as an impairment that needs to be treated, cured, fixed or at least rehabilitated. Exclusion of people with disabilities from society is regarded as an individual problem and the reasons for exclusion are seen in the impairment. Disability according to the medical model remains the exclusive realm of helping and medical disciplines.
The Social Model explains disability as a social construct through discrimination and oppression. Its focus is on society rather than on the individual. Disability is regarded as a mere difference within the continuum of human variations. The social model differentiates between impairment and disability. While the first relates to a condition of the body or the mind, the second is the result of the way environment and society respond to that impairment. Exclusion from society is politically analysed as the result of barriers and discrimination. It has been developed as a powerful tool to analyse discriminatory and oppressive structures of society. The social model of disability acknowledges the importance of rights and has often been associated with the rights-based approach to disability as opposed to needs based or welfare approach to disability policy. The social model of disability served as a stepping-stone in struggles for civil rights reform and anti-discrimination laws in many countries.
With the United Nations Convention on the Rights of Persons with Disability (CRPD), as the new one of human rights model of disability emerged. It encompasses the values for disability policy that acknowledges the human dignity of persons with disabilities. It is the only one that explain why human rights do not require absence of impairment. Moreover, it defies the presumption that impairment may hinder human rights capacity. Furthermore, it is more comprehensive and encompasses civil and political as well as economic, social and cultural rights
1.3 The current situation of people with disabilities
It has been proven the world over that disability does not necessary imply limited well-being and poverty (Rohwerder, 2015). Yet, there is growing evidence that disability and poverty are highly correlated, especially multi-dimensional poverty (Groce et al., 2011). The irony is that disability is both a cause and consequence of poverty, and poverty and disability reinforce each other, contributing to increased vulnerability and exclusion (DFID, 2000; Trani & Loeb, 2012).
Evidence shows that Individuals with Disabilities in low- and middle-income countries are poorer than their nondisabled peers in terms of access to education, healthcare, employment, income, justice, social support and civic involvement (Groce, 2011). Persons with Disabilities are more likely to experience multiple deprivations, encounter inaccessible transport, infrastructure and digital technology (WHO & World Bank, 2011; DESA, 2013). Children and adults with disabilities are at higher risk of physical, sexual and other forms of violence.
1.3.1 Diverse experiences of disability
There are pointers to the fact that disability is experienced differently among individuals with disabilities with intersecting inequalities, disadvantages and personal factors exacerbating the situation:
Women with disabilities often experience double discrimination that can extend to all areas of life;
Children with disabilities are amongst the most marginalised and discriminated against children in the world;
Older people with disabilities are disproportionately poor;
People who experience mental health conditions or intellectual impairments appear to be more disadvantaged in many settings than those who experience physical or sensory impairments.
People with invisible disabilities often face significant discrimination.
1.4 Disability inclusion
Disability inclusion is a goal to ensure that Persons with Disabilities have equal access to basic services, both in developed, developing or humanitarian contexts. It is a human rights advocates for PWDs to be included in everyday activities and giving them roles like their peers without disabilities. Moreover, it seeks to ensure the full participation of Persons with Disabilities as empowered self-advocates in development processes and emergency responses as well as address the barriers that deter their access. Besides, it strides and transcends:
being accepted and recognised as an individual beyond the disability.
having personal relationships with family, friends and acquaintances.
being involved in recreation and social activities.
having appropriate living accommodation.
having employment and
having appropriate formal and informal support
1.4.1 Barriers to disability inclusion
The evidence confirms that these inequalities are a result of barriers, rather than any inherent limitations of Persons with disabilities. Barriers to disability inclusion are attitudinal, environmental, institutional, ‘internalised’ and lack of participation. Attitudinal barriers are the greatest obstacles to achieving equality of opportunity and social integration.
1.4.2 Disability inclusive development
Disability-inclusive development is critical in ensuring that developmental processes are all-encompassing and accessible to Persons with disabilities cementing attainment of their rights (Publications, 2022). It actively seeks to ensure the full participation of individuals with disabilities as empowered self-advocates in all development processes and emergency responses. Moreover, it calls for Persons with Disabilities to be afforded
among others equal access to education, health care services, work and employment, and social protection.
The disability and poverty twin dichotomy mandates integration of disability in development agenda as critical for the elimination of poverty, achievement of social inclusion and equitable, fair and sustainable development (Mitra, 2013). Mainstreaming, the ‘twin track approach’, raising awareness, participation, comprehensive accessibility and universal design, reasonable accommodation, rights-based initiatives, community-based rehabilitation and inclusive
