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Disability Laws in Pakistan
Approximately 2% of the population of Pakistan has some form of disability. There was no comprehensive disability law in Pakistan. However, several laws and policies protect people with disabilities in Pakistan. These include the Constitution of Pakistan, the National Policy on Disability, and the National Plan of Action for Persons with Disabilities.
The National Policy on Disability is a comprehensive national policy that promotes the full participation of persons with disabilities in all spheres of life. It also stresses the need for the development of a supportive environment to enable persons with disabilities to fully participate in society. The Constitution of Pakistan contains several provisions that relate to people with disabilities to protect their human rights.
The Legal Landscape: An Overview of Disability Law in Pakistan
Pakistan ratified the Convention on the Rights of Persons with Disabilities in 2011, but there was still no comprehensive disability law in the country. The Pakistan Constitution does not specifically mention persons with disabilities, but there are a few laws that provide some protections. The Employment of Persons with Disabilities Ordinance was passed in 2002 and requires that three percent of all government jobs be reserved for persons with disabilities. However, this quota is often not met.
The Disabled Persons (Employment and Rehabilitation) Ordinance was passed in 1983 and requires employers to make accommodations for persons with disabilities, but again, implementation is lacking. There is also no law specifically protecting the rights of children with disabilities, though the Juvenile Justice System Ordinance does provide some protections. In general, persons with disabilities in Pakistan face discrimination and exclusion in many areas of life.
Discrimination and Accessibility: The Barriers Faced by Disabled People in Pakistan
Pakistan is a signatory to the United Nations Convention on the Rights of Persons with Disabilities, which was ratified in 2011. Based on this treaty, Pakistan should provide people with disabilities equal access to education, employment, health care, and social services. However, the country had not developed a comprehensive law to protect the rights of disabled people.
As a result, disabled people in Pakistan face many barriers. They are often excluded from education and employment opportunities. One of the biggest barriers is attitudinal. Many employers in Pakistan believe that people with disabilities are not capable of doing the same work as those without disabilities. This belief leads to discrimination in hiring practices and often excludes people with disabilities from even being considered for a job.
Another barrier to employment for people with disabilities in Pakistan is the lack of accessibility. Many workplaces are not accessible for people with physical disabilities, and this limits their ability to participate in the workforce. Additionally, there is a lack of inclusive education and training opportunities for people with disabilities, which further hinders their ability to find gainful employment.
In addition, they often do not have access to adequate healthcare and social services. There are many barriers to healthcare for people with disabilities in Pakistan. One of the biggest barriers is a lack of awareness about disability and its causes. This lack of awareness leads to discrimination and exclusion from society, which in turn creates more barriers to healthcare.
Another significant barrier to healthcare for people with disabilities in Pakistan is the lack of accessible medical facilities. Most hospitals and clinics are not designed to be accessible for people with disabilities, which makes it difficult or even impossible for them to receive the care they need.
Finally, the cost of healthcare is a major barrier for people with disabilities in Pakistan. Many families cannot afford the high costs of treatment and rehabilitation, which means that people with disabilities often go without the care they need.
All of these barriers combine to create a very difficult situation for people with disabilities in Pakistan when it comes to accessing healthcare.
The government of Pakistan has made some progress in recent years to address the needs of disabled people. In 2020, it passed the ICT Rights of Persons with Disability Act, 2O2O. This policy includes provisions for inclusive education, employment opportunities, and accessible healthcare and social services.
In Pakistan, people with disabilities have the same legal rights as everyone else. However, they often face discrimination and are not able to enjoy these rights. The government has enacted several laws to protect the rights of people with disabilities, but enforcement is weak. There is also a lack of accessible facilities and trained personnel to support people with disabilities. As a result, many people with disabilities live in poverty and isolation.
Islamabad Central Territory Rights of Persons With Disability Act, 2020
The Islamabad Central Territory Rights of Persons with Disability Act, 2020 was passed by the National Assembly on January 1, 2020, and came into force on March 1, 2020. The law is based on the principle of social inclusion of persons with disabilities and aims to protect their rights in all spheres of life. 5200 Pakistanis signed a petition for a campaign called Equal World Campaign, which was presented to the parliament and as a result, a new law to make it illegal to discriminate or exclude people based on disability was formed.
The law provides for the following rights of persons with disabilities:
- Right to equality and non-discrimination: All persons with disabilities shall have the right to equality and non-discrimination based on their disability.
- Right to life with dignity: All persons with disabilities shall have the right to live with dignity and respect.
- Right to education: All persons with disabilities have the right to education at all levels, including inclusive education, on an equal basis with others.
- Right to employment All persons with disabilities have the right to employment on an equal basis with others, and, in particular:
- shall not be excluded from the labor market arbitrarily;
- shall not be subjected to discrimination or harassment in any form at work;
- shall receive vocational training and support, including as necessary medical rehabilitation;
- shall be provided with conditions of work adapted to their disabilities and which guarantee the possibility of social and professional integration.
- Right to remuneration and medical benefits: All persons with disabilities have the right to receive, on an equal basis with others, fair remuneration and the appropriate social security cover for themselves and their families, including adequate pensions.
- Right to housing, education, and information: All persons with disabilities have the right to the same range of choices in their living environment as others, including their choice of family and household, their place of residence, neighborhood, city or town, and their own home.
- Equality before the law and equal protection and benefit of law: All persons with disabilities have the right to be protected by the law for the same reasons as others. They are entitled to equal treatment before the law, without discrimination, and can make legal claims in their name.
- Right to privacy: Every person with disabilities shall have the right to privacy as available to all citizens regardless of his living in a private home, rehabilitation center, hostel, or any private or public accommodation.
- Women, children, elderly people, and transgender with disabilities: Given the extraordinary vulnerability of women, children, senior citizens, and transgender with disabilities, the government shall in a prescribed manner take special measures to ensure that such women, children, senior citizens and transgender with disabilities are given full protection under the law in enjoying their rights.
- Participation in sports, cultural and recreational activities: The government shall ensure that no person is discriminated against in participation in any sports, games, cultural and recreational activities on grounds of his disability. Assistive devices, equipment, and the latest technology shall be made available for their inclusion in sports, cultural, recreational, and leisure activities. One seat for persons with disabilities on the sports board shall be ensured and the government shall ensure linkages of the monitoring mechanism for the Paralympic and Special Olympics sports association.
Empowerment and Inclusion: How Disability Law Can Help Create a More Inclusive Society
Pakistani law offers a range of protections for people with disabilities, including the right to education, employment, and equal access to public places. These laws are important in creating a more inclusive society, but they can only go so far in empowering people with disabilities.
While the law requires that employers make reasonable accommodations for employees with disabilities, many employers are reluctant to do so. This often leaves people with disabilities at a disadvantage when competing for jobs.
Similarly, while the law prohibits discrimination against people with disabilities in public places, such as restaurants and shops, many businesses continue to flout the rules. This can make it difficult for people with disabilities to participate fully in society.
Disability rights activists are working to change these attitudes and ensure that people with disabilities have the same opportunities as everyone else. They are fighting for better implementation of existing laws and greater enforcement of those laws.
The Potential for Change
Pakistan’s disability law has the potential to bring about much-needed change for people with disabilities in the country. The law was passed in 2021 but has yet to be fully implemented. If properly implemented, the law could improve access to education, employment, and social services for people with disabilities. It could also help change attitudes towards people with disabilities, who are often marginalized and excluded in Pakistani society. However, implementation of the law will require significant investment from the government and civil society organizations. It remains to be seen whether Pakistan is committed to making the necessary changes to ensure that people with disabilities can enjoy full inclusion in society.
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