PWDs in Pakistan

In the absence of an updated census, the state of Pakistan is currently completely unaware of the number of persons with disabilities (PWDs) within its jurisdiction, let alone the difficulties they face on a daily basis owing to the lack of a proper framework for the protection and promotion of their rights.

While there are scattered pieces of legislation aspiring to provide some level of protection to PWDs, there is no robust legal mechanism through which their rights are safeguarded and progress in this regard is monitored.

The Disabled Persons (Employment and Rehabilitation) Ordinance 1981, Special Citizens Act 2008, Mental Health Ordinance 2001 and Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2014 clearly indicate a minimum level of understanding on the government’s part that it needs to develop adequate laws to protect this particularly vulnerable group. Pakistan has also ratified the Convention on the Rights of Persons with Disabilities (CRPD) but has yet to submit its initial report to the Committee on the Rights of Persons with Disabilities.

The CRPD can play a crucial role in developing legislative, administrative and policy frameworks as well as monitoring mechanisms. The general principles enlisted within the convention, under Article 3, are extremely pertinent in this regard. These include respect for inherent human dignity, non-discrimination, participation and inclusion, respect for difference, equality of opportunity, accessibility, equality between men and women and respect for children with disabilities.

In devising policies in this field, the government must particularly focus on those persons doubly vulnerable – women with disabilities, children with disabilities, and women and children with disabilities from minority groups.

While Pakistan has created specialised commissions for the protection of human rights, such as the National Commission for Human Rights (NCHR), the National Commission on the Status of Women (NCSW) and the National Commission for Child Welfare and Development (NCCWD), there is no organisation specifically mandated to protect and promote the rights of PWDs. This may not be as negative as it sounds as long as the state recognises the need for the aforementioned organisations to safeguard the rights of PWDs.

In fact, since the NCHR has a wide mandate, it should begin working on recommending either updated or entirely new legislation in this regard. Similarly, the NCSW and the NCCWD can allocate resources towards the development of a national agenda for women with disabilities and children with disabilities, respectively.

Legislation in this area is not sufficient.  Under the CRPD, Pakistan is under an obligation to ‘adopt immediate, effective and appropriate measures’ to ‘raise awareness throughout society, including at the family level, regarding persons with disabilities, and to foster respect for the rights and dignity of persons with disabilities’ (Article 8(1)(a)). Combating stereotypes, prejudices and harmful practices relating to persons with disabilities and promoting awareness of the capabilities and contributions of persons with disabilities is another component of Pakistan’s obligations under the CRPD, in accordance with Article 8(b)-(c).

Fundamental human rights, such as the right to an education and the right to access public spaces continue to be denied to PWDs. This is despite the fact that enhancing accessibility to schools, public parks, hospitals, etc does not necessarily require legislation – administrative measures aiming to achieve the same could suffice till such time that the government has drafted appropriate laws.

In fact, even in the absence of legislation, the state can begin to actively engage in effective public awareness campaigns, without which no amount of legislation can ever suffice. The media has a key role to play in this equation – at present, there is little to no representation of PWDs in the mainstream media. As an important non-state actor, the media can not only highlight the plight of PWDs in Pakistan but also provide them a platform to voice their concerns effectively.

This whole idea, that disabled persons are ‘handicapped’ and have to be constantly assisted by ‘able-bodied’ individuals, has to be scrapped from our laws, customs and practices. The objective of safeguarding the rights of PWDs is to enable them to ‘live independently and participate fully in all aspects of life’ (Article 9). Disability should not be confused with the inability to positively contribute to any and all aspects of private and public life.

The writer is a lawyer.

Email: imaanmazari@rsilpak.org