Protection of the Rights of the People with Disabilities in Sri Lanka Need for New Legislation

Abstract

The right of every person to be treated with equality and human dignity is globally accepted. However, this common acceptance has not been able to sufficiently protect vulnerable groups, who need special care and attention to stand up independently within society. Among them, as a world largest minority, disabled persons are significant. Therefore, to ensure their wellbeing and social security, in 2006, United Nation���??s convention on rights of the peoples with disabilities (UNCRPD) was formed. Accordingly, persons with all types of disabilities have a right to enjoy all human rights and fundamental freedom without any discrimination. The convention specifically identifies the right to accessibility, medical treatment, rehabilitation and personal mobility as rights specific to develop their wellbeing and inherent dignity. Therefore, after its adoption, nearly 160 countries and regional organizations have ratified the convention and its optional protocol. Article 12 of the constitution of the Democratic socialist republic of Sri Lanka guarantees the right to equality and non discrimination as fundamental rights. Further, under Protection of the Rights of the People with Disability Act, National Council for persons with disability has formed as administrative body to protect rights of disabled People. Though there is an effective mechanism, Sri Lanka has been unable to comply its law system with aforementioned conventional provisions. Therefore it is timely to make necessary legislative enactments to provide adequate safeguard for the said community. Whether existing Sri Lankan legal framework is adequate to protect rights of the People with disabilities, or should there be new legislation to implement the rights expressed in disability rights convention is the main research problem. An objective is to identify the pros and cons of existing Sri Lankan disability rights legal framework, and submit suitable recommendations to form more disable friendly legislative enactment. Therefore, the area of study will be limited to existing Sri Lankan disability rights jurisprudence, and relevant foreign and international legal instruments. Primary data is collected qualitatively by interviewing disability rights activists and legal professionals. Secondary data will be from books, journal articles and internet articles. It is expected that the research will be an effective platform to protect rights of people with disabilities, under Sri Lankan human rights legal regime.