Thursday, July 22, 2010

Disability - UNCRPD - Amendments - SDM - Legal Guardianship

Dear All

In continuation, in the disability sector, now the top priority is to amend our Disability Acts as India has signed and ratified the UNCRPD. The process is going on with several approaches like: have different acts or single act or generalize the acts for all categories of disability. We need to wait and see how the UNCRPD is going to be effective in supporting the PWDs as a right based approache / strategy.

In case of The National Trust, the process of amendment is becoming complex as people wants it as a generalized one with the inclusion of certain other categories. To cater the special needs of the selected PWDs, The National Trust was framed. It means, it came from generalization to the specialized one. Then, going back to the generalization is against the process of development with specialization.

The other point to be careful is about the supported decision making (SDM) both its technicality and legality. Before UNCRPD, all these four categories (Autism, MR, CP & MD) covered under The National Trust were under Legal Guardinship on need based. There may be some problems in obtaining and implementing this but suitable mechanism may help for its effectiveness. Still it may be the wise decision to leave the option to the PWD and their parents / family members to choose the right and appropriate one suiting to their skills, needs, demands and living environment.

We all need to contribute towards this for getting an effective act so that persons with disabilities can live with us on the basis of dignity and equality as a RIGHT in an inclusive and barrier free environment / community / society.

Looking forward to get more and more info on this key area.

with thanks

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