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Towards a New Disability Law in the Light of UN Convention on the Rights of Persons with Disabilities
Professor Muzaffer Ahmad Chairman, Board of Trustees, TIB
I think, the figure of PWDs will be more than 14 million if all sorts of disabilities are included Poverty and dis-
tion and in doing that, the government has committed itself not only to enact laws and other measures to improve disability nghts but also to update or get rid of inadequate legislation, custom and practices.
M.A. Hye Howlader
Secretary, Ministry of Social Welfare
Barrister Sara Hossain
Supreme Court Bar
Our constitution, it depicts clearly that, the state can not discriminate againest its citizen's rights. The
ability are very interrelated. Disability might also be caused from genetic factors but there is no I adequate research PWDs are ' neglected in society from getting their minimum rights, even within the family.
Yes, legal support is necessary for protecting the rights of PWDs but it is also important to sensitize the private sector for offering opportunities for the development of PWDs side by side with Government mechanism. In a free market economy, there lies market discrimination for disabled people and in fact, it emanates the concept of welfare. naxnr), So we should drive against this market discrimination to establishing the rights of PWDs. There are lots of issues influencing disabilities, such as wars and conflicts causing many disabilities. So, we should stand against war, discrimination, and inequality for ensuring the rights of PWDs. Not charity, but on the basis of equality, we should work for the better life of PWDs.
- H.E. Dr. Stefan Frowein
Ambassador. Head of Delegation.
European Commission
It is true that h—— the current Act is not being enforced properly due to some loopholes and I shortcomings. | If we do not get adequate support from the political government, we could not do enough. This is the reality. This government did a lot for disabilities. About Tk 100 crore is allocated in the budget for the development of PWDs
state can also take necessary and special steps for the marginalized. We should create a discrimination free society by using the proper law. Only creating a new law should not be our ultimate target, rather we should go for establishing the rights of the PWDs.
Khandakar Jahurul Alam President, NFOWD
The basic I human rights of citizens I have been I protected by its constitution I and in I f o 11 o w i n g |
International instruments. Although the passing of the Disability Welfare Act 2001 itself is recognized as a milestone, its implementation has been poor and parts of the Act remain in conflict with existing legislation especially as regard education and employment
Bangladesh has taken a decisive step by signing the UN Conven-
It is difficult to implement the law, as we cannot fulfill the demands pf PWDs, There are lots pf job advertisements not mentioning any priority for PWDs though there is a rule reserving 10% quota for PWDs in 3rd and 4th class Government employment. I think, you have to create pressure from grassroots levels to the government to make the process quickiest and prompt.
Fr. R W Timm, C.S.C
Human Rights Activist
As the author says, CRPD has expressive value as it signals global communities recognition in favor of equal rights and dig-
nity for PWDs. Articles 1 says, the convention expresses explicit purpose to promote the fundamental freedom and inherent dignity of the persons with disabilities.
In fact, the present barriers against development are that all people do not participate in the movement This is indeed important.
To get all facilities in society equally is the fundamental nght to the persons with disabilities. Article 4 (CRPD) says, the state party should take necessary measures ensuring the economic and social development of PWDs.
Any law under the shadow of the existing Disability Welfare Act will not be accept-, able by any meaning to exist. To bring out the disabled people into the development process, we need a new law covering the aspects of CRPD.
Justice Gholam Rabbani
Ms. Farah Kabir
Country Director, Action Aid Bangladesh
The Act un- E39| der scrutiny was drafted alone by the Ministry of ^< 5 Law and thus resulted.
on a RB_^»JBi cursory reading, its feasibility becomes much below the expectations of the Convention. Act or more Acts are necessary whose purpose would be to help the handicapped adjust to the community as much as possible at equal level as social participants and wage earners. There must be specialized persons and for that purpose training institutions would be necessary for those cadres. The work of drafting should be done by a panel of ex-perts-jurists, educators, psychologists. psychiatrists, doctors and the like.
Iqbal Sobhan Chowdhury
Editor, The Daily Observer
The definition of PWDs should not be based on charitable views, rather should be on right based
Mark Harrison
East Anglia University, UK
It is an extremely importanl conference because it concentrates on the implementation ol the UN Convention. This is a most maqnifi-
cent development in the struggle
for human rights for disabled people in their long journey of disability rights movement to establish equality, as equal citizens to live alongside everybody else. Through ratifying the Convention, the Bangladeshi politicians, legislators, policy makers are to really grasp what human rights mean in implementation. It is an enormous step and challenging to way forward.
Umme Kulsum Ranjona
President, National Council of Disabled Women (NCDW)
It is true that we got the Act 2001 through a movement. But if the law is only for the sake of law, it does not have
approach. Whether the society is civilized or not depends how it deals with women, children and disabled. So we should change our mindset as the PWDs have all rights to get dignity, freedom and participation. Media has also proactive role to promote the rights of PWDs and sensitize the community favoring the nghts of PWDs and advocating for a new law.
Prof. Dr. Mizanur Rahman
Faculty of Law. University of Dhaka
Bangladesh is a country, which is anti poor biased. The legislation is anti poor and consequently anti marginalized. The Disability
Welfare Act 2001 emphasizes charity and the title of this law is also faulty and unacceptable. The Act 2001 is no longer satisfactory and we have to review, revisit, and re-examine the document as soon as possible We must compel the state to take necessary steps, otherwise nothing is going to change.
As develop- LT-ment partners we have to be Z ^BLi very careful
and monitor ^B
the states role <^B
sharply for im-
piementation bBBhe_jLl of the law in the light of CRPD. Now we need to have proper plan to influence the Government for formulation of a new law under the guidance of CRPD. The convention unfolds for protecting the values and dignity of human beings It is not enough to have legislation rather we should change our attitudes and mindset honoring individual dignity and determination.
Dr. Shirin S Chowdhury
Advocate, Supreme Court Bar
Welfare approach should be transformed to right-based approach, which could set the stan-
dards to meeting the rights to PWDs. In fact, our Constitution ensures equal rights to all; nevertheless, a different law is necessary for establishing the equality arid discrimination free society. Not only rights rather protection, promotion, guarantee and enforcement are necessary to ensure the betterment to PWDs.
Aktar Hossain
President, National Grassroots
Disabled Organization (NGDO)
From 1995, the Disabled Peoples Organizations have been re enforcing the disability movement to establish
their rights including adopting laws favonng the PWDs. It is impossible to achieve development at the national level without inclusion of PWDs in the mainstream. The new law should be drafted through sharing concerns and from grassroots level as they are the most affected.
Mozammel Haque
Advocacy Coordinator. ADD
The new Act needs formation of a Working/ Consultative Group having represenation from different sectors to prepare the draft law and
place it before the policy makers.
NFOWD. There is nothing better to get anything from the current law. UNCRPD comes with the thrust for adopting a new law for states who are signing as Bangladesh has already done.
The time has come to move the drafting of discrimination free laws soon. Now we should go for deeper levels of disability issues, we should talk, share, and sit with the PWDs to understand the real problems for adopting a new law.
Professor Nagase Osamu
Inclusion International, University of
Article 23 of CRPD, specifies the rights of persons with disabilities to family life, parenthood and reproductive
rights, but these are not being practiced in a number of countries including Japan. It is important to provide information and personal support services to persons with intellectual disabilities. This legislation in the light of UNCRPD is important to establish the rights of PWDs.