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After its founding in the mid-1950s, the United Nations initially approached disability from a welfare perspective, which was deeply rooted in the medical model and driven by a paternalistic approach, aiming to “normalize” disabled bodies without changing the structures of discrimination against able-bodied people.
The work on the Premium Rights of Persons with Disabilities Act over the last eight years has made it clear that just having a law is not enough (Virendra Singh Gosain/HT file photo)
The inadequacies of this approach were subsequently recognised and the errors resulting from prejudice against people with disabilities were corrected. Until the 1970s, vestiges of the medical model remained, and rights for people with disabilities were granted instrumentally, based on the severity of their condition and the feasibility of accommodating them. Although certain protections were provided to certain people in certain circumstances, this was a selective human rights approach, not a distinct human rights approach.
However, these early efforts, such as the 1975 Declaration on the Rights of Disabled Persons, followed by the proclamation of the International Year of Disabled Persons in 1981 and the Decade of Disabled Persons in 1983, laid the foundations for establishing the need for a comprehensive framework. This effort spurred research that documented the extent of discrimination and marginalization faced by people with disabilities.
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During the decade of the International Convention on the Rights of Persons with Disabilities, a proposal for a unique treaty to protect the rights of persons with disabilities has emerged. The ratification of this treaty would mark the culmination of the decade. Before the adoption of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), several attempts to negotiate a binding international treaty failed.
The UN took so long to focus on the rights of people with disabilities because so much effort and time was spent establishing the premise that individuals with marginalized identities, including people with disabilities, have the same rights as everyone else. It was only in the third generation of UN human rights documents that the marginalization of certain groups, such as women, children and people with disabilities, was formally recognized.
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The greatest challenge, both historically and currently, is to shift the debate from a medical and social welfare model that is fixated on incapacity and disability to a social and human rights model that emphasizes capabilities and inclusion. An ongoing struggle is to adopt a perspective that situates disability issues in a social context, rather than viewing them as the result of individual physical or intellectual deviations from able-bodied “norms.”
UNCRPD and COSP 17 – What was on the agenda?
The Convention on the Rights of Persons with Disabilities, which came into force in 2006, is an international treaty drawn up by countries with the participation of people with disabilities. It is recognized as the first human rights treaty of the 21st century, and is known for having been negotiated most quickly among the contracting parties and for having an unprecedented number of signatories on the day of its entry into force. By 2024, it had 164 signatory countries and 191 contracting countries, marking a historic milestone in gaining widespread support in a very short period of time.
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The agreement reflects a shared commitment to strengthening the human rights of persons with disabilities, who are often marginalized in societies dominated by ableist norms and understandings. The adoption of this Convention was seen as a progressive paradigm that shifted the discussion on the rights of persons with disabilities from a medical and social welfare model that fixates on incapacity and disability to a social and human rights model that focuses on capabilities and inclusion.
The Convention, which is made up of 26 substantive rights provisions, aims to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities and to promote respect for their inherent “dignity.” The Convention establishes legal obligations for signatory countries to protect and promote the rights outlined in the Convention.
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Since the UNCRPD was adopted in 2006, States Parties have met annually to discuss progress and key challenges in implementing the treaty. This year marks the 17th Conference of States Parties to the UNCRPD (COSP 17), bringing together participants from around the world and taking place at UN Headquarters.
The conference focused on rethinking disability inclusion in the current international context ahead of the Future Summit. This year’s agenda includes international cooperation for technological innovation and transfer, responding to persons with disabilities in risk and emergency situations, and promoting the rights of persons with disabilities to decent work and sustainable livelihoods.
India’s ongoing commitment to the Convention on the Rights of Persons with Disabilities
India, without any reservations or subjective interpretations, signed the UNCRPD as early as 2007. At that time, disability issues were governed by the old Persons with Disabilities Act, 1995, which gave rights to only a very limited number of disabilities, recognising only seven disabilities and giving limited rights to those disabilities.
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Soon after signing the UNCRPD, activists rallied their demands to bring India’s commitment to the Convention into line, and the same is reflected in the 11th Five Year Plan (2007-2012), which states: “India being a signatory to the UNCRPD, is mandated to incorporate the essence of the Convention in its planning, implementation, monitoring and review processes.” […] All four disability-related laws need to be urgently reviewed and appropriately amended to be consistent with the UN Convention on the Rights of Persons with Disabilities.”
After multiple attempts to amend the 1995 law, India realized that no amount of reform would change the inherent flaws of the charity-born law. As a result, after years of advocacy, the government set up a committee in April 2010, headed by Dr. Sudha Kaul, who began work on drafting a new law.
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This effort culminated in the current Rights of Persons with Disabilities Act, 2016. The Act marked a major shift in India’s approach, adopting key principles of the UNCRPD in its preamble. Now, at least in the Indian legal framework, disability is no longer considered a purely individual “problem”, but a challenge that needs to be addressed by the state and society through appropriate accommodation.
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The past eight years of work on the RPD Act have made it clear that just having a law is not enough. The Act has several provisions that remain to be addressed and implemented by the states, and its implementation needs to be closely monitored in all states. The Act must be complemented by well-thought-out policy initiatives, political will, and administrative proactivity.
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The UNCRPD is a revolution for disability rights around the world, and COSP 17 is an important response to that call. It is not just a conference, but an opportunity to take stock of progress, what policies exist for people with disabilities, and what challenges remain.
Arman Ali, head of COSP 17 and Executive Director, National Centre for Promotion of Employment of Persons with Disabilities (NCPDEP), said, “These conferences act as an external watchdog and ensure that governments are held accountable. With the re-election of this government, India has the potential to become a global disability leader, set standards and become a model for other countries to effectively implement inclusive policies in diverse sectors. Finding solutions for persons with disabilities worldwide requires a global effort and COSP 17 is an important step in that direction.”
Fulfilling our promise to people with disabilities
Yojna Patel, Deputy Permanent Representative to the United Nations, delivered India’s statement at COSP-17, acknowledging the physical, economic and psychological challenges faced by the approximately 27 million people living with disabilities in India.
However, while India has made great strides in its efforts to comply with the UNCRPD and facilitate voting for persons with disabilities, the marginalization of persons with disabilities in the socio-political sphere must also be noted. Serious concerns over the absence of representation in parliament and disability organizations in political parties indicate that persons with disabilities continue to be systematically invisible and marginalized despite the RPD.
When we reflect on India’s pivotal role in shaping a more inclusive future, it becomes clear that the time for meaningful action is now. With a disability population of 70 million, the largest minority in the world, the NDA’s third term presents a unique opportunity. Over 17 years of work on the UNCRPD must translate into tangible progress for the disability community in both policy and practice. It is time to think about inclusion in all aspects of public life, including elections, employment, education and healthcare.
The state’s obligation to comply with and enforce RPD laws requires reaching out to all individuals and ensuring a society in which everyone can participate and thrive without being constrained by disability discrimination barriers.