By Ali Nawaz Rahimoo
It had ratified the UN Convention on the Rights of Persons with Disabilities (“the Convention”) in 2011 but there had been no specific domestic implementation of the rights contained in the Convention. There is only one national law on disabilities the Disabled Persons’ (Employment and Rehabilitation) Ordinance that did not come into being until 1981, and that too, after 20 years of fierce advocacy by the special needs community. There are some provincial laws as well e.g. the Sindh Empowerment of ‘Persons with Disabilities’ Act 2018 and the Baluchistan Persons with Disabilities Act, No II of 2017 and various Policies including the Accessibility Code 2006. But these laws contain certain loopholes – one of them being the assumption that 2% of the Pakistani population has disabilities whereas this number has now been recognized to be as high as 13.4%. They are also poorly implemented, which is pointed out by disability right activists on a recurring basis. Pakistan has several laws and policies related to disability rights and inclusion. The most significant of these is the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981, which was amended in 2002.
This ordinance provides for the establishment of a National Council for the Rehabilitation of Disabled Persons and a Provincial Council in each province. In addition to the above-mentioned ordinance, the government of Pakistan has also ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This means that Pakistan is legally obligated to ensure that people with disabilities have equal access to education, employment, health services, and other public services. The Constitution of Pakistan also guarantees the rights of people with disabilities and prohibits discrimination on the basis of disability. The Pakistan Penal Code criminalizes acts of violence against people with disabilities. Despite the existence of these laws and policies, people with disabilities in Pakistan still face significant barriers to inclusion and face discrimination in various areas of life. There is a need for greater awareness and enforcement of disability rights laws in Pakistan to ensure that people with disabilities are able to fully participate in society. There are several issues related to disability law in Pakistan that hinder the full realization of the rights of people with disabilities. Some of these issues are:
- Lack of awareness: There is a general lack of awareness about disability rights and inclusion in Pakistan, which leads to discrimination and exclusion of people with disabilities. Many people do not know about the laws and policies related to disability, and therefore do not know how to advocate for their rights.
- Inadequate implementation: Even though there are laws and policies related to disability rights in Pakistan, their implementation is often inadequate. There is a lack of resources and capacity to ensure that these laws and policies are enforced effectively.
- Accessibility: Many public spaces and facilities in Pakistan are not accessible to people with disabilities. This includes buildings, transportation, and educational institutions. The lack of accessibility makes it difficult for people with disabilities to participate fully in society.
- Employment: People with disabilities face significant barriers to employment in Pakistan. There is a lack of job opportunities that are accessible to people with disabilities, and employers often discriminate against them.
- Stigma and discrimination: There is still a significant amount of stigma and discrimination towards people with disabilities in Pakistan. This makes it difficult for them to access education, employment, and other opportunities, and contributes to their social exclusion.
To address these issues, there is a need for greater awareness-raising, capacity-building, and enforcement of disability rights laws and policies in Pakistan. There should also be greater efforts to make public spaces and facilities accessible to people with disabilities, and to address the stigma and discrimination that they face
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