brand logo

Realising the rights of the disabled 

16 Jun 2022

The Government is looking into implementing much-needed legal reforms to ensure the rights and wellbeing of people in the country suffering from various disabilities. This matter was discussed at a meeting between a group of activists representing the disabled community and Minister of Justice, Prison Affairs, and Constitutional Reforms Dr. Wijeyadasa Rajapakshe PC, which was held at the Justice Ministry yesterday (15), where the two groups discussed the necessary amendments to rectify the shortcomings of a draft Bill that was prepared in 2019 with the aim of protecting the rights of the disabled community. In addition, the meeting paid attention to addressing legal obstacles faced by the community, and setting up a commission to ensure their rights and to implement welfare activities. The wellbeing of the country’s disabled community is a matter that has long been discussed, even though tangible efforts in this regard are yet to meet national-level requirements. Most of the time, activities aimed at ensuring the wellbeing of the disabled community are seen as welfare activities, and their rights are a topic of discussion more in social welfare programmes than in rights-based programmes. Therefore, this move, aimed at providing them with legal protection with a focus on their needs and abilities is a commendable move. As a first step, during the said meeting, attention had been paid to inconveniences faced by the disabled community when engaging in court proceedings. However, laws alone rarely bring about the positive changes a country needs, and therefore, the authorities should pay attention to implementing some form of awareness programmes once this law comes into effect. One reality these law reforms should be based on is that protecting the rights of disabled persons is not just a matter of introducing laws or regulations or providing facilities to disabled persons but that it is also a matter of shaping the attitudes of the people whom the society does not categorise as disabled.  That is because at the end of the day, improving harmony among and respect between the two groups can make a greater change than laws can. Raising awareness, or sensitising society in general, is particularly important in the event that the expected legal reforms require specific facilities or services for disabled persons at public, private, or business establishments. Ideally, those who will be legally bound to provide such facilities or services should do so not because they are legally required, but because they understand why it is important to make the lives of this community easier.  Improving local laws aimed at protecting disabled persons is also a timely move. Countries like Nepal, India, and Bangladesh that have acts in place for the wellbeing and rights of disabled persons have amended their laws to match modern needs and developments. For example, in 2016, India replaced its Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995 with the Rights of Persons with Disabilities Act of 2016, in order to fulfill the country’s obligations to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). What is more, in 2013, Bangladesh enacted the Rights and Protection of Persons with Disabilities Act of 2013 in line with the UNCRPD, while revoking the Persons with Disability Welfare Act of 2001.  In this context, if Sri Lanka becomes the next country to upgrade its laws for the protection of disabled persons, that would set a good example for the South Asian region. For a country that has been identified as having a large number of archaic laws and a lack of legal reforms to meet modern day requirements, this would be a huge achievement. However, issues faced by disabled persons have more to do with day-to-day issues than legal issues, and therefore, the enforceability of these legal reforms should be a top priority. To support this endeavour, the Government should continue discussions with groups representing this community.


More News..