Human rights of disabled persons form a comprehensive framework ensuring their full participation in society, dignity, and equal treatment. This is built on international conventions and national legislation that have evolved from viewing disabled persons as objects of charity to recognizing them as rights-bearers with agency and autonomy.

International Framework

The Convention on the Rights of Persons with Disabilities (CRPD), adopted by the United Nations in 2006, serves as the principal international treaty on disability rights. India ratified this convention on October 1, 2007. The CRPD represents a paradigm shift from a medical model of disability—which emphasizes impairment and treatment—to a social rights model that recognizes disability as resulting from barriers created by society. The convention has been ratified by 191 parties including 190 states and the European Union as of November 2024.

The CRPD also established core human rights principles including respect for inherent dignity and individual autonomy, non-discrimination, full and effective participation and inclusion, respect for difference and diversity, equality of opportunity, accessibility, and gender equality.

Core Rights Protected

1. Right to Equality and Non-Discrimination

Disabled persons possess the fundamental right to equality and protection from discrimination on the basis of disability. This protection extends across all areas of life including education, employment, healthcare, voting, and access to justice. The right encompasses not merely the absence of discrimination but also the affirmative duty of the state to provide reasonable accommodation—necessary and appropriate modifications and adjustments that enable disabled persons to exercise rights equally with others.

2. Right to Human Dignity and Respect

All disabled persons, irrespective of the nature or severity of their disabilities, possess inherent rights to respect for their human dignity. They are entitled to the same fundamental rights as their fellow citizens, which fundamentally includes the right to enjoy a decent life as normal and full as possible.

3. Rights to Community Living and Independence

Disabled persons have the equal right to live in the community with choices equal to others. States must ensure they are not obliged to live in particular living arrangements and have access to a range of in-home, residential, and community support services. This includes personal assistance services necessary to support living and inclusion in the community, preventing isolation and segregation.

4. Right to Education

The framework guarantees inclusive education at all levels where disabled children have the opportunity to learn alongside non-disabled peers in mainstream schools whenever possible. Under India's Rights of Persons with Disabilities Act, 2016, every child with benchmark disabilities between ages 6-18 has the right to free education in a neighbourhood school or special school of their choice. In higher education, at least 5 percent of seats in government institutions are reserved for students with benchmark disabilities, with a five-year relaxation on age limits and scholarships available.

5. Right to Employment and Livelihood

Disabled persons have the right to secure and retain employment or engage in productive, remunerative work according to their capabilities. States must prohibit discrimination in employment regarding recruitment, hiring, continuance, career advancement, and safe working conditions. Persons with disabilities are entitled to just and favourable conditions of work, equal opportunities, and equal remuneration for work of equal value. The Indian law mandates 4 percent reservation in government jobs for persons with disabilities.

6. Right to Health and Rehabilitation Services

The framework ensures access to medical, psychological, and functional treatment including prosthetic and orthotic appliances, medical and social rehabilitation, vocational training, and aid services. In India, the Act provides for free healthcare in government and funded healthcare institutions, barrier-free access to all healthcare facilities, and priority in treatment. The government must also provide aids, appliances, medicines, diagnostic services, and corrective surgery free of cost.

7. Right to Economic and Social Security

Disabled persons have the right to economic and social security and a decent standard of living. This includes access to retirement benefits, social assistance during times of poverty, access to public housing programs, and unemployment allowances for those unable to secure employment. Governments must provide support during natural or man-made disasters and emergency situations.

8. Rights of Women and Children with Disabilities

The framework recognizes that women and girls with disabilities face multiple discrimination and mandates measures ensuring their full and equal enjoyment of all human rights and fundamental freedoms. Similarly, children with disabilities are guaranteed rights to full and equal enjoyment of all human rights, with special consideration for their evolving capacity and right to preserve their identity.

9. Right to Political Participation and Voting

Disabled persons have protected rights to vote by secret ballot without intimidation and to stand for elections and hold office. States must facilitate the use of assistive and new technologies where appropriate and allow assistance in voting by a person of their choosing.

10. Protection from Exploitation and Abuse

Disabled persons shall be protected against all exploitation, abuse, violence, and degrading treatment. They cannot be subjected to cruel or inhuman treatment, forced to be subjects of research without consent, or coerced into undergoing unwanted medical procedures like infertility treatments. In cases of abuse or exploitation, governments must provide legal remedies, rescue operations, protective custody if desired, and maintenance support.

11. Right to Legal Capacity and Autonomy

Disabled persons maintain full legal capacity on an equal basis with others. Where guardianship arrangements are necessary, states must ensure appropriate and effective safeguards preventing abuse, respecting the person's will and preferences, providing proportional and tailored measures, and applying them for the shortest time possible with regular independent review. India's law recognizes limited guardianship—a system of joint decision-making operating on mutual understanding and trust between guardian and person with disability, limited to specific periods and situations according to the person's will.

12. Right to Accessibility

Accessible environments benefit all persons and form a cornerstone of disability rights. This encompasses barrier-free access to buildings, public facilities, transportation, information technology, and communications systems. States must provide live assistance including guides, readers, and professional sign language interpreters and promote accessible information and communications technologies from the design stage.

Indian Legislative Framework

India's Rights of Persons with Disabilities Act, 2016 operationalizes these international obligations. The law expanded recognized disabilities from seven under the 1995 Act to 21, now including autism, acid attack victims, thalassemia, cerebral palsy, speech and language disabilities, chronic neurological conditions, and blood disorders.

Importantly, the law is built on the principle that barriers and hindrances created by society impede disabled persons' progress, not their disabilities themselves. The Act emphasizes providing disabled persons sufficient opportunities to realize their full potential through accessible environments, education, employment support, and reasonable accommodations.

Enforcement and Penalties

Violations of these rights carry serious consequences. Under Indian law, contravention of Act provisions results in fines up to 10,000 rupees for first offenses and 50,000 rupees extendable to five lakhs for subsequent violations. Atrocities against persons with disabilities carry imprisonment from 6 months extendable to 5 years with fines.

Philosophical Foundation

The modern understanding of disability rights reflects a fundamental philosophical shift: disabled persons are not passive recipients of charity but active rights-holders capable of making decisions and contributing meaningfully to society. This rights-based approach recognizes disability as a normal aspect of human diversity rather than primarily a medical condition requiring treatment in isolation from community life.

Human rights of disabled persons ultimately ensure their full social, political, economic, and cultural participation as valued members of society with equal dignity, autonomy, and opportunity as all other citizens.

LLM Study Guide

QUICK MEMORIZATION: THE 12 CORE RIGHTS

1. RIGHT TO EQUALITY & NON-DISCRIMINATION

• Key Phrase: “No Discrimination on Disability”

• Meaning: Equal treatment in education, employment, healthcare, voting, justice

• Concept: Reasonable accommodation must be provided

• Remember: “Equal in all spheres of life”

2. RIGHT TO DIGNITY & RESPECT

• Key Phrase: “Inherent Worth”

• Meaning: Every disabled person is worthy of respect regardless of disability severity

• Remember: “Dignity is unconditional”

3. RIGHT TO COMMUNITY LIVING & INDEPENDENCE

• Key Phrase: “Live in Community, Not Institutions”

• Meaning: Right to choose where and how to live, access community support services

• Remember: “Freedom to live independently”

4. RIGHT TO EDUCATION

• Key Phrase: “Inclusive Education”

• Indian Law:

– Free education for ages 6-18

– Neighbourhood school of choice preferred

– 5% reservation in higher education

– Age relaxation and scholarships available

• Remember: “Mainstream schooling as default”

5. RIGHT TO EMPLOYMENT

• Key Phrase: “Equal Employment Opportunity”

• Indian Law: 4% reservation in government jobs

• Protection: Against discrimination in hiring, promotion, and termination

• Remember: “Equal wages for equal work”

6. RIGHT TO HEALTH & REHABILITATION

• Key Phrase: “Free Healthcare & Support”

• Includes: Medical treatment, prosthetics, psychological services, vocational training

• Indian Law: Free treatment in government hospitals, free aids and appliances

• Remember: “Healthcare as fundamental right”

7. RIGHT TO ECONOMIC & SOCIAL SECURITY

• Key Phrase: “Social Safety Net”

• Includes: Pensions, unemployment allowances, housing, disaster relief

• Remember: “Security during vulnerability”

8. RIGHTS OF WOMEN & CHILDREN WITH DISABILITIES

• Key Phrase: “Multiple Discrimination Protection”

• Women: Face gender + disability discrimination

• Children: Special focus on evolving capacity and identity preservation

• Remember: “Extra protection for vulnerable groups”

9. RIGHT TO POLITICAL PARTICIPATION

• Key Phrase: “Vote & Hold Office”

• Includes: Secret ballot voting without intimidation, eligible for public office

• Support: Assistance in voting by chosen person

• Remember: “Full political engagement”

10. PROTECTION FROM EXPLOITATION & ABUSE

• Key Phrase: “Zero Tolerance for Violence”

• Prohibits: Cruel treatment, forced research, unwanted medical procedures

• State Duty: Provide legal remedies, rescue, protective custody

• Remember: “Safeguarding vulnerable people”

11. RIGHT TO LEGAL CAPACITY & AUTONOMY

• Key Phrase: “Full Legal Rights with Safeguards”

• Indian Concept: Limited guardianship (joint decision-making)

• Principle: Respect person’s will and preferences

• Remember: “Autonomy with support, not control”

12. RIGHT TO ACCESSIBILITY

• Key Phrase: “Barrier-Free Environment”

• Includes: Buildings, transportation, technology, information systems

• Support: Interpreters, readers, live assistance

• Remember: “Design for all from the start”

INTERNATIONAL & NATIONAL FRAMEWORKS

INTERNATIONAL LEVEL

Framework	Year	Key Point
UN Declaration on Disability Rights	1975	First formal declaration
Convention on Rights of Persons with Disabilities (CRPD)	2006	Binding international treaty
India’s Ratification	2007	Became legally binding

NATIONAL LEVEL (INDIA)

Law	Year	Key Features
Disabilities Act	1995	Recognized 7 disabilities
Rights of Persons with Disabilities Act	2016	Recognized 21 disabilities; Social model approach

PARADIGM SHIFT: OLD vs. NEW UNDERSTANDING

Aspect	Old (Medical Model)	New (Social Rights Model)
Focus	Impairment	Barriers created by society
Status	Objects of charity	Rights-bearing agents
Approach	Individual treatment	Social inclusion & accessibility
Goal	Cure/Normalization	Full participation & dignity

INDIAN LAW SPECIFICS: RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

EXPANDED DISABILITIES (21 categories)

Original 7 → New 21 categories include: - Physical: Locomotor disability, cerebral palsy - Sensory: Blindness, low vision, deafness, hard of hearing, speech & language disability - Intellectual & Developmental: Intellectual disability, specific learning disability, autism spectrum disorder - Mental: Mental illness, chronic neurological conditions - Special Cases: Acid attack victims, multiple disabilities, thalassemia, blood disorders

RESERVATIONS & BENEFITS

• Employment: 4% reservation in government jobs

• Education: 5% reservation in higher education

• Age Relaxation: 5 years in higher education

• Free Services: Healthcare, aids, appliances, diagnostic services

KEY PRINCIPLES

1. Reasonable Accommodation: Modifications needed for equal participation

2. Limited Guardianship: Joint decision-making (not absolute guardianship)

3. Community First: Institutional care only as last resort

4. Gender Perspective: Special provisions for women with disabilities

PENALTIES & ENFORCEMENT (INDIA)

Violation	First Offense	Subsequent Offense
General breach	Fine up to ₹10,000	Fine up to ₹50,000 or up to 5 years imprisonment
Atrocities	6 months to 5 years imprisonment	Extendable with enhanced fine

ENFORCEMENT BODIES (India)

• Chief Commissioner of Persons with Disabilities

• State Commissioners

• District Level Committees

• National and State Human Rights Commissions

CORE PRINCIPLES: CRPD FOUNDATION (For Exam Memory)

Use acronym: SUDGE-GA - S - Respect for inherent Dignity and autonomy - U - Universal principles of non-discrimination - D - full and effective participation and inclusion - G - Gender equality - E - Equality of opportunity - A - Accessibility - GA - Genuine autonomy and full participation

REASONABLE ACCOMMODATION: PRACTICAL EXAMPLES

Definition

“Necessary and appropriate modifications and adjustments that enable persons with disabilities to exercise rights equally with others”

Examples

Disability Type	Reasonable Accommodation
Physical disability	Ramps, elevators, accessible parking
Visual impairment	Screen readers, Braille materials, readers
Hearing impairment	Sign language interpreters, written communication
Intellectual disability	Simple language materials, extended time
Mobility issues	Work-from-home options, flexible timings

Key Point: Employer/institution must provide unless it causes “undue hardship”

EXAM TIPS FOR MASTERS LEVEL

For Constitutional Law Paper

• Link to Article 15 (Discrimination), Article 16 (Equality in employment), Article 21 (Right to life)

• Discuss “State’s positive obligation” to remove barriers

• Reference Supreme Court judgments on disability rights

For Human Rights Law Paper

• Compare medical vs. social model

• Discuss CRPD as progressive international law

• Analyze India’s implementation gaps

• Discuss reasonable accommodation concept

• 2006: CRPD adopted (paradigm shift)

• 2007: India ratifies CRPD (commitment)

• 2016: New Act (21 disabilities, social model)

RELATED LAWS & ACTS TO CROSS-REFERENCE

• Constitution of India (Articles 14, 15, 16, 21, 38-46)

• Equal Remuneration Act, 1976

• Protection of Human Rights Act, 1993

• CRPD and Optional Protocol

• National Disability Policy

• Accessible India Campaign (Sugamya Bharat Abhiyan)

• Building Code provisions on accessibility

Pages

Wednesday, 26 November 2025

LLM Notes: Understanding Human Rights of Persons with Disabilities

International Framework

Core Rights Protected

Indian Legislative Framework

Enforcement and Penalties

Philosophical Foundation

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