n exercise of the powers conferred by sub-sections (1) and (2) of section 73 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), the Central Government hereby makes the following rules to amend the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996, namely:-
The Act has been enacted under Article 253 of the Constitution read with item No. 13 of the Union List (WORD – 446 KB) . It gives effect to the proclamation on the full participation and equality of the persons with disabilities in the Asian & Pacific Region and provides for their education, employment, creation of barrier free environment, social security, etc.
In the field of human rights, growing attention has been devoted to the rights of persons belonging to specific groups, often called “vulnerable groups”. People belonging to these groups have certain common characteristics or are in a situation that have been shown to make these people more vulnerable to discrimination.
The right of everyone to “life, liberty and security of person” is stated in the article 3 of the Universal Declaration of Human Rights, whereas article 9 forbids “arbitrary arrest, detention or exile.” These provisions are of great importance for mentally disabled persons who are subject to unlawful detention.
When domestic institutions fail to uphold the law and are in some cases the violators of law, it may be possible or necessary to seek redress beyond national boundaries. In order to achieve an effective improvement in the exercise of the rights of disabled persons, it is important to understand the regional and international mechanisms that exist and the remedies they provide.
The international rule of exhaustion of local remedies before taking to international remedies is one of the basic rules in international law. The object of the rule is to enable the respondent State the first opportunity to correct the harm and to make redress. The application of the rule of domestic remedies to the protection of human rights depends on conventional provisions.
This Resource provides concise analytical information on international norms and standards concerning persons with disabilities that have been adopted under the auspices of the United Nations System or other inter-governmental bodies and organizations.