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by: Ajith C. S. Perera

The international community through on going efforts of the United Nations has recognised the utmost importance of enforcing and promoting the equalisation of treatment and the equalisation of opportunities for the 'disabled', to participate on the basis of equality in social life and development.

They have repeatedly stressed that the rights of the 'disabled' require much more comprehensive treatment than in the context of community based rehabilitation and social welfare and must include the full range of human rights.

Short-sightedness and lackadaisical attitudes have turned disability into a grave social problem and a grievous human rights issue.

Today it has trapped over 10% of our population, which is well over 1.5 million, in a vicious cycle of marginalisation, poverty, denial of the enjoyment of their fundamental, legitimate human rights and freedom, through social oppression, exclusion from the mainstream of society and prevention of opportunities. Positive action is soon essential to assist them in breaking out of it and effective measures are crucial to reverse this adverse trend. These points need to be remembered now that a new constitution is proposed for Lanka. At least a good 50% of the 'disabled' are as productive and as reliable as any other employee.

Hence there has been much pomp and pageantry for many years to make the 'disabled' equal partners, facilitating full participation without any discrimination in national development.

It is essential here that we soon become as much as possible independent in day-to-day living through a conducive environment without being an added burden to society. Regretfully, this remains a shattered dream for us even after ten long years, as we remain totally ignored and forcibly denied crucial human rights.

Our politicians and decision-makers are talking loud of the protection of the basic human right to "equality of treatment and equality of opportunities" for many minor sectors in our country. As revealed by the ILO, the disabled are over 10% of our population.

Yet, regretfully, we have none even in the Parliament or in any other body, to represent us and win our deprived fundamental rights.

Even the constitution of our country, inspite of its many revisions, tragically overlooks us. As per its chapter III clause (2), Functional limitations and Disability are not valid grounds in this country, to win basic human rights. Act No: 28 was passed way back in 1996 for the realisation and protection of twenty one identified basic rights of the disabled. Regretfully, even after six years it still remains only a dust-gathering booklet, as the inept authorities have failed to enforce and implement legal protection even to a single right of the disabled.

The general laws in Sri Lanka cannot adequately and effectively cope with problems, issues and human rights related to the 'disabled'. Hence, we soon need to enact specific legislation here. Judicial experts, actively supported by the Ministry of Justice, must soon find ways of increasing the understanding of international norms and standards relating to disability in relation to domestic law and policies.

The objectives here must be to integrate the 'disability perspective' and promote its application in the domestic context with an appropriate legislative framework. They also must identify various workable strategies by which effective protection of the human rights of the 'disabled' could be enhanced at the national level, including constitutional protection. The role of the 'disabled' as legislators must also be emphasised and encouraged.

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