What Implication does the CRPD have for India?

Article 1(f) of the CRPD calls for measures at the domestic level to be taken to equalise opportunities for persons with disabilities. The Government of each country is required to implement policies, plans of action and programmes for the ratification to take full effect. Therefore, changes in statutes like the Persons with Disabilities Act, the Mental Health Act and other statutes have to be forward looking and implemented forcefully. Ratification has made such a course of action mandatory. India, having ratified the Convention, cannot now dilute its standards [this would be going against the provisions of the Convention and is not allowed by International Law.] In fact, India is bound to mainstream disabled people. In this context, a prospective employer should bear in mind that future laws or existing laws that are being amended, will have disabled friendly provisions. These laws will cover a broad spectrum of persons with disabilities and will necessarily cover the opening of avenues to disabled people, starting from accessibility to other core issues of who can be employed, where and how. Persons with disabilities would be able to demand the opening of hitherto closed avenues as a matter of an enforceable right and the employers have to discharge this as their statutory duty. The CRPD is based on the following principles of: • Respect for dignity • Non discrimination • Full and effective participation • Inclusion in society • Respect for difference • Acceptance of persons with disabilities as part of human diversity and humanity • Equality of opportunity and accessibility

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