Review Paper on Nepal

By National Federation of the Disabled

Introduction

The disabled is the most marginalized group of societies universally. The status of the disabled in the developing and the least developed countries is more vulnerable than in the developed countries. Being a least developed country, in Nepal, the disabled are deprived of their basic human rights. For the protection and the promotion of the rights of the disabled, a regional workshop is going to be conducted very soon in Bangkok.

This review paper is made to be discussed in the workshop. The paper intends to discuss the legal rights of the disabled of Nepal and endeavors to justify that an international convention is crucial for the protection and promotion of the rights of the disabled.

A- Nepalese Legal Provisions pertaining the rights of the disabled

1. The Constitution of Nepal 1990

Right to equality is enshrined in the article 11 of the Constitution. The Article stipulates that everybody is deemed equal before the law. No one shall be discriminated on the ground of religion, sex, cast or personal belief. However, based on the concept of equity, the article allows formulating special provisions for the protection and promotion of the right of the marginalized groups, women and disabled people.

Chapter 4 of the Constitution concerns with the directive principle suggested to the state by the constitution. Such principles are not mandatory and cannot be enforced by any court. However, these principles are deemed to be direction for the government and it is expected that the government will gradually implement such principles making essential laws.

Under the Chapter 4, Article 26 proposes special provisions with regard to health, education, and social security for the protection and development of disable people.

2. Child Act 1991

Section 36 of the Act concerns with the right of disabled children, who do not have parents, to be placed in the child welfare home until they are transferred to the special welfare home.

3. The Disabled- Protection and Welfare Act 1982

As mentioned in the preamble, the act was promulgated for the following reasons: · Protection and promotion of the interest of the disabled. · Elimination of the circumstances that trigger people to be disabled. · Formulating welfare provisions for the disabled with regard to education, employment and so on that enable them to be active and productive citizens.

The Act defines the term disable as powerlessness to perform the day-to-day business due to physical and mental weakness. Section 5 guarantees the right to equality to the disabled and further stipulates: the disabled shall not be discriminated with regard to providing education, training. In addition, the disabled shall not be excluded from to be involved in associations, organizations and programs on the ground of their physical or mental inability.

The same section further pronounces that the disabled shall be provided with the political right, economic and social security, dignity, right to employment and any profession they choose.

4. The Disabled Protection and Welfare Regulation 1994

· Rule 4 guides Village Development Committees and Municipalities to keep data of the disabled residing therein. · Rule 8 directs the government to set up welfare homes for the disabled. · Rule 15 directs the government to cooperate the NGOs that provide the disabled with education and trainings.

5. Local Self Government Act 1999

The Act mandates the local Development Committees to keep and update the data of the disabled residing their respective territory

B. Implementation of the international and national laws that deal with the rights of the Disabled

In Nepal, the implementation of the rights of the disabled guaranteed by the national and international laws is not satisfactory. The disabled are not able to utilize their fundamental rights enshrined in the constitution. An example of such situations is that the disabled do not have the equal access to public services. Right to equal access to public service is guaranteed by the Universal Declaration of Human Rights and the constitution as well. However, due to the disabled unfriendly infrastructure of the public buildings and buses, the disabled do not have easy access to such facilities.

C. My View, as a Representative of National Federation of the Disabled- Nepal, on the necessity of an international convention on Disability

We all are aware of the fact that the disabled are the mostly marginalized people in societies universally. There are a number of international conventions to deal with the different issues. For example, there are conventions to deal the right of women, children, and refugees. However, there is no single convention to advocate the rights of the disabled. Therefore, in order to advocate the rights of the disabled, an international convention is indispensable.

Conclusion

In Nepal, there are limited numbers of laws that endeavor to protect and promote the rights of the disabled. However, due to lack of effective implementation of the laws, the disabled of Nepal are deprived of their basic human rights.

There is not any international convention to deal with the rights of the disabled. Therefore, it is indispensable to have a convention. It is expected that the proposed convention would bring positive change in the status of the disabled universally.

Return to top

Main	Programme	Materials	Online	Bangkok

	Regional Workshop towards a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities Bangkok, Thailand, 14-17 October 2003