Rethinking Rights and Global Development

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Introduction

Research surveys have estimated that approximately 600 million individuals, who comprise of an estimated 10 % of the global population, suffer from a particular form of disability. At least two thirds of the disabled persons reside in developing nations (Baehr, 1994). Despite the variations in their living conditions, it is a common trend that all disabled persons are exposed to diverse kinds of discrimination and social exclusion.

Such treatment usually restricts them from enjoying their human rights and freedom, which is a significant factor that impedes their participation in the activities taking place within the boundaries of their societies (Baar, 2000).

The controversy behind the issue of disability extends beyond the enjoyment of rights by disabled persons. The primary issue of concern is about equal gratification of all aspects of human rights without any case of discrimination for people having disabilities. The principle of non-discrimination increases the relevance of disability, in a similar manner age, sex and children affects the issue of enjoying human rights equally.

The concept of human rights

With respect to this report, the concept of human rights is used to denote the universal rights that every person must enjoy on the basis that one is human. Human rights are diverse and encompass human right to work, education, health and food. The human right to work implies that individuals have a right to be engaged a significant or useful employment; as such, people should not be forbidden from work.

The human right to work is enlisted in the Universal Declaration of Human Rights and the international human rights law, whereby it lays emphasis on socio-cultural and economic development. The type of work that an individual engages him/ herself in is determined by ones accessibility to the available resources, level of education and appropriate training.

The foundation of the human right to work is that involvement in work and accessibility of resources should be undertaken in such a manner that it facilitates the participation of every, individual who intends to work. It is also imperative that the benefits attained from working should be enough to reach a sustainable living standard (Bickenbach, 2001).

The human right to food is a universal human right that aims at ensuring that people undertake their lives with dignity without instances associated with food insecurity, malnutrition and hunger. The main objective of this right is to ensure that every individual has the capability to feed oneself in dignity.

The human right to food is identified under the international human rights and humanitarian law and the state obligations as outlined in the international law. Conventionally, the human right to food outlines three distinct kinds of the state obligations, which includes the obligation for respecting, protecting and fulfilling (Chartered Institute of Personal Development, 2006).

The obligation to protect means that governments should not deploy any actions that are aimed at intentional infringement of the people right to food. The obligation to protect means that governments should enforce laws and actions aimed at avoiding infringement of the right to food to its people by third-party organizations and other individuals.

The obligation to fulfill means that governments have the responsibility of facilitating access to food and other resources that can increase the capacity of individuals to have access to food (Clapham, 2007).

The right to education implies that every individual is entitled to education (UNESCO, 1995). It also involves the obligation to ensure higher education is accessed equally with the progress towards making it free (Claude & Weston, 2006). The right to school also entails an obligation of offering fundamental education for those people who have not finished their primary education.

The human right to health is socio-cultural and economic right that ensures every person accesses the highest achievable health standards (Council of Europe, 2005). The human right to health is a fundamental human right that stipulates that every individual must enjoy the highest health standards that can be achieved regarding ones personal wellbeing and family.

In addition, this right advocate for equity during access to healthcare and related services, right to use to safe drinking water and sanitation, healthy environment and elimination of discrimination associated with social practices relating to health matters (Council of Europe, 2005). Various international documents have classified disability as of considerable concern when it comes to the issue of human rights.

The Convention on the Rights of Persons with Disabilities (CRPD) places disability in the context of the issue of human rights (Chartered Institute of Personal Development, 2006). The CRPD places disability in the context of respecting human dignity, involvement and inclusion of people with disabilities in a manner is effective and non-impartial.

The CRPD also acknowledges the fact that disabled persons are part of human kind and they represent diversity within the human race. Other elements of CRPD in relation to human rights include equal opportunity and equality for people with disabilities. Any infringement of these serves as a violation of the human rights for the disabled persons.

Analysis of the failures and successes

In most of the countries, a significant challenge facing the issue of social and economic rights is that they are not identified or enforced by the law. This implies that there is less legal strength regarding the implementation of the human rights. Such an environment is a breeding ground for the violation of the human social and economic rights (Donelly, 2003).

The area of focus is the problems facing the implementation of human rights for people with disabilities in developing countries. Developing countries face significant economic, social, political and cultural constraints that hinder effective implementation of the human rights for the people with disabilities.

Disabled persons in developing countries are not at the same level to enjoy the human rights as people without disabilities (Felice, 2010).

The social approach to disability consents that problems facing implementation of human rights in developing countries are mainly due to the larger society and not disability.

As a result, the human rights approach perceives the concept of disability as an instance of violation of human rights, which serves to change the issue regarding inequality when enjoying human rights between people with disabilities and those who are not disabled.

This denotes core significance arguing that intervention to address the challenges should be rights-focused and not some sort of charity. In addition, the governments have the legal obligation to ensure equal enjoyments of the human rights (French, 1994).

Disability and development

Disability is mainly considered as a development issue because of the correlation it has with poverty. This is mainly because poverty usually tends to increase the risks associated with disability. In addition, the number of people with disability is considerably high in the developments.

For instance, the prevalence rate for people having disabilities among individuals who at least 60 years of age stands at 43.4 % in low income countries, compared to 29.5 % prevalence rate of high income nations. The situation is worsened by the fact that disabled persons need additional finances in order to have an equal standard of living that us same to people without disabilities.

Given the high prevalence rate of disability in developing countries, this report outlines the problems regarding the implementation of rights for those with disabilities in the developing world (Harris, 2003).

The second aspect of viewing disability as development is the fact that disabled persons in developing countries have minimal chances of being employed, and if they are employed, they usually earn relatively less compared to people who are not disabled.

The inference from this is that the severability of disability in developing countries usually worsens the employment opportunities and income levels for people with disability (Hashimoto, 2004). The economic conditions in the developing countries usually make it difficult for disabled persons to gain the benefits associated from economic development and enhance their living standards.

This can be mainly attributed to increasing cases of discrimination that disabled persons face during employment opportunities, restricted access to the transport facilities and a limited access to resources that they can use for self-employment and enhance their quality of living (Haynes, 2002).

High poverty levels usually tend to increase the risks associated with disability. A research conducted on 56 developing nations reported that poor people were experiencing worse health conditions compared to people who are better off (Bickenbach, 2001).

This is mainly because poverty results to health complications that are likely to inflict disability such as low weight during birth, absence of clean water, increased malnutrition, lack of clean water and poor living conditions (Haynes, 2002). In most cases, poverty increases the probability that an individual with the present health conditions is likely to be disabled.

Developing nations are faced with the problem of resource constraints that can be used to address the impending problems associated with disability. For instance, 5 % of individuals in developing nations call for the use of prostheses and orthotics, an additional estimated 30 million individuals in the developing nations require at least 180,000 professionals in the field of rehabilitation (Welch, 2001).

Currently, the sub-Saharan Africa is served by only six rehabilitation doctors, who are all based in South Africa. In addition, there are limited numbers of female rehabilitation medical personnel in other developing countries, such as Afghanistan whereby women are supposed to receive treatment only female therapists (Clapham, 2007).

Another potential challenge that faces effective implementation of human rights for those with disabilities in developing countries is the problem associated with the retention of the healthcare personnel and rehabilitation personnel.

This is because most of the healthcare workers opt to move to developed countries that offer higher wages compared to developing countries. For instance, a considerable case of immigration has been noted among the healthcare workers found in Brazil, Egypt, Nigeria, Philippines and India (Clapham, 2007).

With regard to health, the CPRD assures equal access to healthcare and promotion despite the fact that it does not provide for the principal deterrence of health conditions. Disabled persons usually have poor health conditions compared to people without disabilities in both developed and developing countries ( World Health Organization, 2008).

Accessing mental health services by the disabled persons in developing countries is normally limited. A latest country survey established that approximately 30-50% of individuals with disorders in developed nations and about 75-85 % of people with mental disorders in developing nations did not get mental health services prior to the year that the survey was done ( World Health Organization, 2008).

Such prevalence rates in low-income countries can be significantly attributed to affordability. High rates of unemployment and affordability are intertwined because employers have the obligation of providing their employees with private health care plans.

Limited access to insurance schemes in the developing countries means that people with disabilities have to incur the costs associated with the use of assistive technologies. Governments of developing countries do not adequately allocate funds for assistive technologies that the people with disabilities need in order to enjoy the human rights at the same level as individuals without disability (Walmsley, 2001).

A significant number of findings from empirical research have concluded that disabled persons and their respective families are socially and economically disadvantaged compared to people who are not disabled.

The beginning of disability ultimately imposes negative impacts on the social and economic well being of individuals by negatively affecting how the disabled persons enjoy the basic rights such as education, right to productive employment (WHO, 2003).

The situation is further worsened in the case of developing countries; possibly, due to the fact there are inadequate funds at the state level to aid the disabled persons enjoy a standard of living that is equal to their counterparts who are not impaired by any form of disability.

This is usually the case of developing countries, whereby disabled children have a lower probability of attending schools; the outcome of this is that they have limited opportunities to contribute to the formation of human capital (UNESCO, 1995). During adulthood, the disabled persons have limited employment opportunities and their productivity is impaired.

In particular, this serves as an impediment towards effective implementation of the human rights to productive labor. The human right to work implies that individuals have a right to be engaged a significant or useful employment; as such, people should not be forbidden from work (Council of Europe, 2005).

The human right to work is enlisted in the Universal Declaration of Human Rights and the international human rights law, whereby it lays emphasis on socio-cultural and economic development (Council of Europe, 2005). The nature of work that a person engages him/ herself in is determined by ones ease of access to the available resources, level of education and appropriate training.

It is also imperative that the benefits attained from working should be enough to reach a sustainable living standard. Developing countries do not offer conditions that favor the effective implementation of socio-economic rights (Kwessi, 2008).

Human rights for people with disability in the context of developing countries

Recent times have seen a notable improvement with regard to the way people with disabilities are perceived in the developed countries in the western world.

The increasing concerns relating to social justice and the increasing recognition of equality regarding the equal enjoyment of human rights and provision of equal opportunity, which was mainly attributed to the accomplishments imposed by the Civil Rights Movement during the 1950s (Ingstad, 2001). This resulted to increased awareness regarding the needs of people having various forms of disabilities.

Developed countries have reinforced necessary efforts, strategies and policies aimed at ensuring that people with disabilities receive equal treatment as people who do not have any form of disability. This is notable by the enactment of laws regarding education and employment; examples include Individuals with Disabilities Act and The Americas with Disabilities Act (Katsui, 2005).

The passages of such legislations serve to ensure equal involvement of people with disabilities in the mainstream society. Another example that highlights the efforts to acknowledge disabled persons in developed country is the fact that they have recognized sign language as the official communication language for deaf individuals (Hellsten, 2004).

Developed countries usually have lower disability prevalence rates mainly due to high-end medical technologies and efficient statistical systems. This is contrary to the case of the developing nations, whereby disabled persons are constantly facing rejection, dehumanization and being devalued.

In addition, developing countries are characterized by increasing instances of political warfare and high prevalence rates of HIV/AIDS (INTRAC, 1998). This results to a redirection of the national policies to deal with other problems that are perceived to be of national importance.

A surprising observation is that most developing countries have consented to the Universal Declaration of Human Rights and the Convention on the Rights of Children that were endorsed by the UN General Assembly.

It is also important to mention that developing nations have also endorsed the Salamanca Statement and Framework for Action on Special Needs established by the UNESCO ( International Monetary Fund, 2004). Social and economic rights are protected under the various instruments of human rights at the regional and international level.

Governments of developing countries are required respect, fulfill and protect the social and economic rights, and deploy strategies for progressive action towards the human rights (Helleiner, 2002). Development goals such as the Education for All have outlined the need for governments of developing countries to provide basic education for every individual without any form of discrimination.

The member nations of the Organization for African Unity (OAU) have approved the Africa Charter on the Rights and Welfare of the Child, which insisted on the rights of disabled children to be offered with protective services under specific conditions ( International Monetary Fund, 2004).

This serves to uphold their integrity, foster individual reliance and ensure that they participate actively in the activities of the community (London, 2002). The Charter was adopted with the principal objective of ensuring that people with disability have access to training, prepare them for employment and make use of recreational facilities in order to ensure that people with disabilities are socially integrated into the mainstream society.

In Africa, it is estimated that 80 million individuals are disabled. This high rate of prevalence can be attributed mainly to increasing poverty and malnutrition, difficulty in accessing healthcare, disease epidemics, and ethnic conflicts.

The World Report on Disability made by the World Health Organization during 2008 reported that the prevalence rates of people with disability in Africa are growing at a faster rate compared to other continents. Infrastructural inadequacies in developing nations have increased the difficulties and complexities in equal enjoyment of human rights by disabled persons ( World Health Organization, 2008).

Persons with disability in developing nations are usually subjected to intense segregation and marginalization, which results to their positioning at the lowest level in economic ladder (Kwessi, 2008). This is because disabled persons are not given equal opportunities and enjoyment of the human rights. Marginalization of people with disabilities extends beyond an economic dimension to include a social perspective.

Practical challenges facing the implementation of human rights for people with disabilities in developing countries

It is a fact that disability is everywhere across the globe, the only difference is the way they are viewed, which in turn influences the manner in which they enjoy the fundamental human rights when compared to people without disabilities. Over the course of time, people with disabilities have always been treated with ignorance and isolation, from both the public and their respective governments.

In the case of developing countries, disabled persons are victimized using neglect and stereotyping that is inaccurate (Helleiner, 2002). In some cases, disabled persons are exploited. In most cases, the cultural beliefs and public attitudes towards individuals with disability is usually characterized by shame, social exclusion from the larger community and Prejudice.

Kwei notes that people having disabilities are discriminated against, and viewed as inferior; as a result, they are excluded from the society (2000).

Despite the fact 80 % of disabled people live in developing countries, it is surprising to note that only 2% are beneficiaries of the support from the United Nations. This is a possible explanation as to why disabled persons comprise of about 17 % of poor people across the globe.

The basic inference that can be made from the above observation is that people with disabilities in developing countries face significant ignorance from their governments and the internal community (Chartered Institute of Personal Development, 2006).

In order to analyze the practical challenges facing the implementation of human rights for people with disabilities in developing countries, it is important to take into consideration the three levels of action including the system of cooperation at the international level, challenges imposed by the government of the developing countries and the views of public regarding disability.

Development cooperation entails the interventions implemented at both government and non-government levels, which interact to affect the implementation of the human rights within developing countries (Mawdsley, 2005).

At the micro level, implementing human rights for people with disabilities is faced by significant constraints. The stigma associated with disability usually imposes negative perceptions by the family members of the disabled persons. This means that the family members are sometimes embarrassed to seek interventions to address the problem (Felice, 2010).

This usually makes it difficult to implement the human rights for disabled people in cases whereby they cannot be publicly accepted, even within the boundaries of the family. A notable characteristic of developing countries is how they are deeply rooted in the cultural beliefs, which in itself serves as an impediment towards enhancing the well-being of disabled persons (Nickel, 2007).

For instance, getting a modest education, being employed and the general acceptance by the larger society are usually next to impossible for disabled persons because of the manner in which the society positions them.

Despite the fact, the governments of developing countries may have a well-laid strategic plan for action to implement the human rights for people with disability; such strategies are usually constrained by issues relating to huge amounts of national debts, and high levels of corruption with the government ( International Monetary Fund, 2004).

The outcome of this approach is the governments of developing countries may pass the required legislations and assent to various charters aimed at effective implementation of the human rights for people with disabilities, but they may lack the will to implement the established plan of action (Oliver, 1990).

This economic state of affairs implies that issues related to disability are not awarded national priority, and subsequently receive minimal funding in the national budget.

The situation for the case of developing countries is worsened by the fact the problem of disability is tied to the individual, rather than the environment. This is not in accordance to the human rights approach, and presents an opportunity for the human rights of people with disability to be violated in developing countries.

The outcome of such an approach is that the governments of the developing countries and the larger society fails to concede the underlying effects of cultural impositions on disability that lead to discrimination among the disabled persons in the community (London, 2002).

The proposed solutions that are to be implemented using the government policies and channels usually tend to lay more emphasis on preventing and curing the disability rather that changing the attitudes of the society towards people with disability.

Such policies perceive the problem of disability as emanating from the individual; therefore, they have the principal objective of fixing the disability problem in the person in order for the disabled people to fit in the mainstream society ( World Health Organization, 2008). Such policies have failed to identify the cultural elements that usually result to their exclusion and denying them their human rights (Oliver, 2002).

Effective approaches are required to recognize the significance of disabled people as an important element in the society and should therefore aim at ensuring that there is equal opportunity for the disabled people when seeking employment, attaining education, legal presentation and participation in the activities of the community (Paulo, 2005).

In most developing countries, insufficient healthcare and social services is considered a significant challenge in effective implementation of human rights for people with disabilities. Clapham (2007) gives an example of Nigeria, whereby many cases of disabilities can be accredited to lack of basic healthcare like children immunization programs like polio,which increases the likelihood of disabilities among children.

Within the same context, there is no enabling policies and paassed laws, and a well established methodological framework to allocate and distribute funds for services relating to special education (Pierre, 2006). The country also lacks enough programs for training personnels for special education, the required facilities and the educational methodologies to integrate special students within the mainstream classes.

The manner in which students with disability are handled in developing nations such as Nigeria is far behind the state of affairs in some of developed countries. The basic observation in such a case is that disabled persons are denied their basic right to education.

In another example by Claude & Weston, (2006), Kenya runs special education initiatives that are under the government, they do not have adequate equipments, trained personnels. In most cases, the personnel receive minimal wages. Private institutions on the hand have adopted effective frameworks to address the needs of disabled children, but they are usually expensive and cannot be afforded by the regular citizen.

The inference from this surveys is that governments of developing countries have failed significantly to offer the schools with the equipments that are needed to address the educational requirements of children with disability (Read, 2008). This is in contrary with the goals of free education for all.

Despite the fact that Non-Governmental Organizations in developing countries are deploying efforts to ensure that people with disabilities enjoy their basic human rights, their efforts are constrained by lack of adequate manpower and funds (Chartered Institute of Personal Development, 2006).

Besides the challenges imposed by cultural beliefs and attitudes, there are concerns regarding the value contributions that disabled people bring to the country. Given that developing countries face significant problems relating to national povery, instability of the government and fiscal policy issues, there is a less chance that the human rights of disabled persons will be given a national priority (Seuf, 2001).

The primary focus of social and educational initiatives is on people withoit disabilities because of their perceived contributions towards the national economic growth and development.

The countries perceive disabled persons as not being capable of making significant contributions towards the economy, rather they consume resources from the national budget. In most cases, disabled persons are given less preference in the available employment oppportunities (Donelly, 2003).

Solutions

The World Health Organization (2008) notes that affordability is the principal setback regarding the implementation of human rights in developing countries. This mainly because developing countries lack the financial resources for effective implementation of the basic human rights for the disabled persons.

Despite the fact that most developing countries have assented to Charters relating to human rights, effective realization of the goals is constrained by the resource constraints facing the countries, implying that developing countries are less likely to give human rights for disabled persons national priority at the brink of high national debts and poverty levels (Townsend & Townsend, 2004).

Developing countries are supposed to ascertain the relationship between poverty and disability, and how the one affects the other.

From the onset, poverty increases the prevalence of disability and increased prevalence of disability means high poverty rates. This means that elimination of poverty will reduce disability reates, while at the same time dealingt with disability effectively will result to reduced levels of national poverty (Tvedt, 1998).

Addressing the issue of affordability requires the deployment of national policies that take into consideration the economic effect of high prevalence of disability and deploys counterproductive measures to curb them.

For instance,most developing countries adopt national policies that prioritize military needs that they rarely use while ignoring the implementation of human rights for people with disabilities (French, 1994).

This results to social and educational initiatives directed at individuals with disabilities facing finance constraints meaning that that they cannot provide quality education that addresses the needs of disabled students. National policies should be more supportive towards initiatives aimed at ensuring equal access to education for all individuals (UNESCO, 2007).

Another important strategy that can be used to address the issue of human rights for persons with disability in developing countries is Community-based rehabilitation ( World Health Organization, 2008). Currently, community-based rehabilitation program is active in 90 nations globally.

The rehabilitation programs are witnessing a transformation from the conventional prorams that aremedical-based to incorporate rehabilitation, reducing poverty, enhancing equak opportunities and ensuring that there is social inclusion of disabled persons in the mainstream society (UNESCO, 1995).

Community-based rehabilitation programs have also facilitated the process of effective delivery of healthcare services related to mental health through eliminating the aspect of institutionalizing psychiatric hospitals and other facilities that host disabled people. Such an approach is costly and requires financial commitment from the governments of developing countries in order to ensure that the programs are effective (Clapham, 2007).

With regard to the basic human right to education, disabled individuals have been subject to exclusion from the mainstream classes, and usually received their education in specialized institutions. This approach has not been effective in targeting a significant population of the people having disabilities.

In addition, this approach to offering the basic human right to education costly to be effectively implemented in the developing countries ( International Monetary Fund, 2004). The outcome of this approach is disabled pupils will not stay in school for long and very few are likely to enroll for such programs.

According to the CRPD, children having disabilities have the right receive education in the mainstream education system (United Nations, 2000). Developed countries areimplementing an inclusive approach to ducation, something which is yet to be realized in the developing countries.

This means that flexibility is required due to the fact that inclusion of the disabled people in regulareducation system sometimes is not the best method,and such times call for segregation of the disabled persons depending on the type of disabilities ( International Monetary Fund, 2004). There arediverse barriers towards the reaching of Education for All within the developing countries that are participating.

The significant problem is funding in both the public and private sector. Strategies to overcome the identified imediments require the adoption of national policies that advocate for inclusive policies regarding the aspect of equal eduaction for pupils with disabilities (WHO, 2003).

The adopted policies should also be accompanied by legal frameworks and adequate resources. In cases whereby disabled students are mainstreamed, the institutions should adopt a flexible curriculum (Claude & Weston, 2006).

With respect to the basic human right to productive work, persons with disabilities in developing countries usually have relatively lower employment rates compared to individuals who are not disabled. According to the CRPD, disabled persons have the right to engage in productive work on an equal platform with the individuals who do not have disabilities.

In developing countries, disabled people are usually in the informal sector, possibly due to the descrimination regarding the implementationn of human rights. A significant barrier regarding the labor and employment of disabled persons is transport and mobility issues (Harris, 2003).

This implies that develpoing countries have to adopt universal approaches in the transportation sector and any other facilities that the disabled persons are likely to use. Over protection of people with disabilities tends to reduce their employment rates (Chartered Institute of Personal Development, 2006).

This is mainly because disabled persons rely on short working days and paid leaves that are longer compared to people without disabilities. Social protection for disabled people should be regulated in order to eliminate instances associated with employees fearing the implications of social protection of the disabled ( House of Commons Join, 2009).

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