The New Human Rights Paradigm: Convention on the Rights of Persons with Disabilities and its Implementation in India

Authors

  • Nizar Smitha Senior Assistant Professor, School of Law, Sastra University, Thanjavur

DOI:

https://doi.org/10.12728/culj.6.3

Abstract

As any other vulnerable group, the journey of persons with disabilities to be treated as equals with others was long. A change from the tragic picture of helpless beings, who live at the mercy of others to dignified humans, remained as a long cherished desire. The stereotypic social attitude towards persons with disabilities resulted in denial of their basic rights and fundamental freedoms. The widespread exclusion and extreme isolation of persons with disabilities from social institutions was the major reason why it was felt that specific human rights instruments to protect their rights were required. Albeit, the initial fail with unenforceable soft laws, later the human rights perspective started recognizing persons with disabilities as complete human beings with UNCRPD. It introduced a paradigm shift from prejudiced social perception of persons with disabilities as incomplete human beings to complete and equal humans on par with all others. This paper seeks to examine the paradigm shift brought by the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and its impact in India within the theoretical framework of international obligation and constitutional perspective.

Author Biography

Nizar Smitha, Senior Assistant Professor, School of Law, Sastra University, Thanjavur

Senior Assistant Professor, School of Law,

References

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(The term mentioned for persons with mental disabilities was ‘mentally retarded persons’, points out the prejudiced socio-legal perception sustained against persons with disabilities).

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Published

2021-08-13

How to Cite

Smitha, N. (2021). The New Human Rights Paradigm: Convention on the Rights of Persons with Disabilities and its Implementation in India. Christ University Law Journal, 4(1), 49-69. https://doi.org/10.12728/culj.6.3