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United Nations
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Persons with disabilities are often excluded from the mainstream of the society and denied their human rights. Both de jure and de facto discrimination against persons with disabilities have a long history and take various forms. They range from invidious discrimination, such as the denial of educational opportunities, to more subtle forms of discrimination, such as segregation and isolation because of the imposition of physical and social barriers. The effects of disability-based discrimination have been particularly severe in such fields as education, employment, housing, transport, cultural life and access to public places and services. This may result from distinction, exclusion, restriction or preference, or from denial of reasonable accommodation on the basis of disablement, which effectively nullifies or impairs the recognition, enjoyment or exercise of the rights of persons with disabilities.
Despite some progress in terms of legislation over the past decade, such violations of the human rights of persons with disabilities have not been systematically addressed in society. Most disability legislation and policies are based on the assumption that persons with disabilities are simply not able to exercise the same rights as non-disabled persons. Consequently, the situation of persons with disabilities is often addressed in terms of rehabilitation and social services. A need exists for more comprehensive legislation to ensure the rights of disabled persons in all their aspects-that is, political, civil, economic, social and cultural rights - on an equal basis with persons without disabilities. Appropriate measures are required to address existing discrimination and to promote thereby opportunities for persons with disabilities to participate on the basis of equality in social life and development.
One of the dominant features of twentieth century jurisprudence has been the recognition of law as a tool of social change. Though legislation is not the only means of social progress, it represents one of the most powerful vehicles of change, progress and development in society. Current legislation should be reviewed with a view to integrating the disability perspective into all spheres of legislative effort and thereby improving the situation of persons with disabilities.
There also are certain cultural and social barriers that have served to deter the full participation of persons with disabilities. Discriminatory practices against persons with disabilities may thus be the result of social and cultural norms that have been institutionalized by law. Changes in the perception and concepts of disability will involve both changes in values and increased understanding at all levels of society, and a focus on those social and cultural norms that may perpetuate erroneous and inappropriate myths about disability.
Legislation at the country level represents a fundamental link in promoting the rights of persons with disabilities. While the importance and increasing role of international law in promoting the rights of persons with disabilities is recognized by the international community, domestic legislation remains one of the most effective means of facilitating social change and improving the status of disabled persons. International norms concerning disability are useful for setting common standards for disability legislation. Those standards also need to be appropriately reflected in policies and programmes that reach persons with disabilities and can effect positive changes in their lives.
