LAW PRESERVING THE RIGHTS OF PEOPLE WITH DISABILITIES

Each and every person with disabilities all around the world has their rights and they are
also not discriminated as others as well. When we say they also have their rights, this means that
everyone has responsibilities upon them by giving them their due respect, necessities and extra
needs in life as how they deserve. At the international level, a treaty was made to fulfill this
objective. In the convention on the rights of persons with disabilities conducted by the United
Nations, an International Human Rights Treaty was signed in 2010 by the parties in the
convention which is intended to protect the rights and dignity of people with disabilities and
ensure their enjoyment of equality before the law as stated under Article 1 of the treaty.
This treaty contains 50 Articles where specific rights are given to them for full access to
participation and involvement in the society under Article 4 until Article 32 in order to ensure
their enjoyment and free from discrimination of others, which include the rights to accessibility
including the information technology, the rights to live independently and be included in the
community, to personal mobility, habilitation and rehabilitation, and to participation in political
and public life, and cultural life, recreation and sport. In addition, parties to the Convention must
raise awareness of the human rights of persons with disabilities, and ensure access to roads,
buildings, and information as stated under Article 9. All of these are collectively their
participation rights in order for them to have the opportunity to develop and utilize their creative,
artistic and intellectual potential, not only for their own benefit, but also for the enrichment of
society. In accordance with international law, to ensure that law protecting intellectual property
rights do not constitute an unreasonable or discriminatory barrier to access by persons with
disabilities to cultural material, persons with disabilities should be entitled, on an equal basis
with others, to recognition and support of their specific cultural and linguistic identity, including
sign languages and deaf culture in accordance with international law. This implies that they are
given full opportunities to involve and participate in life and also enjoy the development of
technology and infrastructure for the sake of their wellbeing and also the freedom to express
their own identity and be appreciated by the members of the society.
People with disability should entitled to equal access to food, clothing and housing
including continuous improvement to living standards as stated under article 19 of the treaty. At
the same time, various measures should be taken so as to reduce poverty among them, increase

needs for their disability-related needs.

Their health are also given rights as stated under Article 25 which specifies that "persons
with disabilities have the right to the enjoyment of the highest attainable standard of health
without discrimination on the basis of disability." Hospitals, clinics or any medical place will
have to give special-based-equipment to suit their physical needs specifically for people with
physical disability. Special treatment and best service should be conducted in order to achieve
hospitality and meet their rights and needs as disabled people.
Apart from having specific rights to ensure their participation, accessibility and
involvement for infrastructure, development, participation in community and mobility, they are
also given the rights to education where they are given equal opportunities to inclusive education
under Article 24. Those who are facing disability, be it children or adults will be given equal
opportunities to primary education, secondary education, vocational training, adult education and
lifelong learning. They will also receive necessary support and have trained individuals to
maximize their academic and social development.
For their access to justice, suitable and affirmative measures have been given for them in
which they are given equal basis like everybody does, ranging from procedural provisions to
age-appropriate accommodations, in order to facilitate their effective role as a direct and indirect
participants, including as witnesses, in all legal proceeding, including at investigative and other
preliminary stages. Besides that, they are given same basis to work under administrative justice,
including as prison staff and police. To accord for this, appropriate training will be given to them
by the respective state parties. These rights to access to justice are stated under Article 13 of the
treaty. All of these are in line with Article 12 of the Convention which affirms the equal
recognition before law and legal capacity of the persons with disabilities.
Without disobeying their employment rights, whether they are working as employee or
getting involved in business or trade union, equal basis are given to them taking into account
their continuance of employment, career advancement and safe and healthy working condition as
provided under Article 27 of the treaty. Protection are also given on an equal basis with others, to
just and favorable conditions of work, including equal opportunities and equal remuneration for
work of equal value, including protection from harassment, and the redress of grievances.

Opportunities for self-employment, entrepreneurship, the development of cooperative and

starting one's own business are also not left out in order for them to get involved in business as
well as their employment opportunities and career advancement for persons with disabilities in
the labor market. For technical part, effective access to general technical and vocational guidance
programs, placement services and vocational and continuing training are provided to secure the
stability in their workplace environment. They are also given the assistance in finding, obtaining,
maintaining and returning to employment, vocational and professional rehabilitation, jobretention and return-to-work programmers. They are also should not be rendered as slaves to any
labor and made free from compulsory labor.
They also have the rights for our respect for them to have family, and state parties should
guarantees support for them to adopt child as stated under Article 23 and prohibits compulsory
sterilization of disabled persons. They have the right to live with their families. The government
should support their family with disability-related expenses, information and services. They
should not be separated from their parents. If they cannot live with their immediate family, the
government should help provide care within the wider family or community. Young people with
disabilities have the same rights as other young people to reproductive health information and the
same rights as others to marry and start a family.
Article 17 emphasis on their rights to be respected for his or her physical or mental
disability on an equal basis with each other. Like every normal citizens, they also have the rights
to vote. They should vote independently by using special voting machines like certain countries
did in order for them to choose their leaders in democracy countries.
In state of emergencies and risks, people with disabilities have their rights to be protected and
safe during a war, an emergency or natural disaster. They cannot be left out or left alone while
others are being saved or saving themselves in times of emergency. This thing is provided under
Article 11 of the treaty. Apart from having their rights to be saved in times of risk and
emergency, Article 15 until 17 ensure their protection from torture or cruel, inhuman treatment,
degrading punishment or treatment and also to be free from violence and abuse.
In view of this international treaty, equal and ample rights are given to the disabled people
according to their needs and necessities in life. The only question is, are we doing our obligations

to implement all these rights into force. We are calling for their rights to equal opportunities in
social, economy and politics but we always come across news that these people are often being
discriminated especially in finding jobs and in mingling with normal people.
Malaysia has provided specifically for the rights of disabled people which is the Persons
with Disabilities Act 2008. Instead of making this act to be implemented from a welfare
perspective, it is made as right-based act that provide for equal opportunities and participation in
the society. This act also provide for matters related to registration, protection, conservation,
development and the well-being of a disabled person. This act was approved by the parliament
on 24 December 2007 and has come into force since 7 July 2008. This act was driven by the
National Policy for People with Disabilities and National Plans of actions for People with
Disabilities. Malaysia has also taken an important step to protect the rights of people with
disabilities by ratifying the Convention on the Rights of Persons with Disabilities (CRPD) in
2010 in which the articles in the convention are as we discussed previously.
Despite the widely voiced out of the rights for the disabled people, questions rise whether we are
implementing the rights as a whole or is it only a few associated government organizations and
certain non-government organizations that are related in taking care the wellbeing of the disabled
people are involved in transforming the rights of the disabled people into action. Current
situations have shown the lack of infrastructure and trained people to be teacher to those with
physical disability and many other necessities needed for them. This speaks loudly that we are
not putting into care their rights as a whole.
In fact, the highest constitution of Malaysia, the federal constitution itself, does not provide
specifically for the rights of the disabled people. Even though we have article which affirms that
each person is equal by law under Article 5, but because of the absence of specification of rights
to cater for the needs of the disabled people, less attention, concern and necessities are given to
them which renders much difficulties for them to have easy access to their needs in daily life.
Therefore, we should equal concerns should be given to them as much as have been given to
other people. Only in this way, their rights are being upheld in an appropriate way.