Legal rights of the visually impaired
Saturday, 11 December 2010
Although the subject of legal rights of the visually impaired has too often been sidelined, it is an issue that needs immediate attention. Visual disability is prevalent amongst all populations of the world. Therefore, its importance cannot be ignored even in a Third World country such as Bangladesh. According to the statistics of World Health Organisation (WHO), 10 per cent of the population of Bangladesh are physically handicapped. According to this report, about 13 million people are physically handicapped in Bangladesh of which about 50 per cent are visually impaired. Visual impairment can mean a number of things and doesn't necessarily mean that a person is blind. It extends to persons who have impaired vision. Blindness is a public health problem in Bangladesh. The harsh truth is that in every five seconds, one person goes blind and every one minute, a child becomes blind.
Disability, which includes amongst others, visual impairment, has been considered as a vital issue and recognised globally through declaration of United Nations Decade of Disabled Persons during 1983-92. While evaluating the achievement of the decade, the Asia and the Pacific region fell far behind the targeted plans. This subsequently led to the proclamation by ESCAP for the Asia and the Pacific countries. Bangladesh as a signatory to this proclamation is committed to achieve the target of the Agenda for Action of the Asia and Pacific decade of Disabled Persons (1993-2002). The major focus of the agenda of the decade was to enable people with disabilities to achieve equal opportunity so that they can participate in nation building activities.
Furthermore, an act called Bangladesh Protibondhi Kollan Ain 2001, (Disabled Welfare Act, 2001) was passed in the Parliament and published on 9th April 2001 in the Bangladesh Gazette. The Act establishes a national coordination committee ('Committee') for the welfare of the disabled which includes amongst others Minister for Social Welfare, secretaries and officials of relevant government departments, representatives from private organisations working in the field of welfare for disabled and director, National Eye Institute. The activities of the Committee includes review of existing regulations for the disabled, making necessary amendments, advising and where applicable, ordering the government and other organisations to take steps to ensure equal participation of the disabled in the society. The Act further requires to enlist all disabled persons and issue identity cards, increase public awareness by mass media coverage, identify children who may become disabled, development of educational materials for the disabled including publication of books in Braille system, introduction of sound alert street crossing signals for the visually impaired, subsidised travel at public transports, special programmes on television and special insurance scheme etc.
In spite of these pledges of commitment and enactments by Parliament, Bangladesh is far from achieving its goals of a foreseeable society, whereby there is assimilation and equal opportunities for its disabled populations. In stark contrast to First World nations of the West, where disabled persons are facilitated in everyday life and activities and are treated with dignity, we still have to address fundamental concerns of social attitude and stigmas attached to people with physical disabilities as a preliminary step to overcome the disparities between those who are physically disabled and those who are not.
The education sector in Bangladesh rarely offers special education and facilities to students with visual impairment. Very few blind or visually impaired persons can get proper education due to a lack of adaptive computer knowledge and skills and insufficient supplies of Braille books and equipment. Even if a blind individual overcomes the obvious obstacles and manages a university degree, there is a serious constraint on job opportunities. Proper training can increase the capability of those who are visually impaired. Such training facilities need to be improved.
Needless to say that a society that does not believe and practice equality for men and women, also suffers a lack of understanding and social awareness. A blind or visually impaired female is subjugated to the most serious discrimination and even the education sector is not free of this prejudice. Although there are 5 government schools for the blind in 5 divisional cities in Bangladesh, there are 30 seats for boys, whereas only 20 seats for girls. There are 64 schools under integrated programme in 64 district towns. Nonetheless, there are no accommodation facilities for the girl students. Therefore, they are deprived of the similar education opportunities and equal rights for education. There is only 1 non-government school for blind girls, which is about to be closed due to different problems. In addition to these various adversities that prevent visually impaired girls to continue their studies, at times they do not receive any support from their families. For those that are permitted schooling and continue to receive a higher education, only a few get jobs at different government and non-government organisations.
Discrimination is not restricted in the school and work environment, but inbred in the values of our culture and society. Consequently, too often, visually impaired women cannot get married and if they do get married, their spouses are visually impaired as well. Contrary to this, men who are visually impaired find it easier to get married to someone who does not suffer from visual impairment.
Given these unfortunate circumstances, it is important that the visually impaired or blind have the right to get proper treatment from the state. The Ministry of Health, Ministry of Social Welfare, Ministry of Education, Ministry of Women and Children Affairs and relevant sectors should ensure to provide necessary treatment, education, Braille facilities, rehabilitation and employment to the permanent blind, so that they may be included in mainstream society through self-reliance and development. In order for this to materialise, key initiatives have to be taken and new policies and facilities have to be implemented.
In this regard the Institute would like to propose the following points as initial steps:
l Making the National Coordination Committee for the Welfare of the Disabled more effective and regular review of its activities and achievements.
l Ensuring that necessary actions are initiated to achieve the goals and responsibilities set by the Disabled Welfare Act, 2001 (DWA 2001).
l Introducing special ballot for visually impaired to enable them to cast vote secretly.
l Special account opening and operating facilities in Braille at banks and starting micro-credit programme by Nationalised banks for people with disabilities.
l Forms of admission in Braille especially in school
l Computer training programmes
l Implementation of subsidised travel as ensured by DWA 2001
l Access to literacy through Braille or print
l Adaptive mobility devices with daily living functions
l Equality of access to education
l Creating educational equity for females
l Raising social awareness on visual impairment through different media
l Special training for the staff and officials of public services to assist persons with white stick especially at hospitals, bus-stops, stations and in public transportation and reserving specific number of seats in buses, trains and launches.
l Filling up 10 per cent quota at government service for people with disability.
l Constructing slope way and ramps to ensure access for people with disability.
l Launching media campaign and sensitising the media on disability issues.
l Exclusion of the applicability of copyright laws with regard to translation of materials in Braille.
A country such as Bangladesh has a long way to go to achieve its target of integration of visually impaired in mainstream society. The rights already ensured by the DWA 2001 are a key step forward. It's an achievement that we already have such a comprehensive law and policy in place. However, mere enactment of law will not be beneficial to the disabled unless its implementation is ensured with long-term commitment by the government and the society at large. A mass campaign must be initiated to raise social awareness and eliminate the stigmatisations and discriminatory attitude often subjected towards the disabled. The legal rights of the visually impaired are not only to educate those with vision, but to educate those who suffer from the ailment. We should remove and resolve the impediments faced by the disabled people.
Furthermore, it is the responsibility of those who have been blessed with vision to strive to better the lives of those who do not have the same privilege. As the famous Hellen Keller once stated that "the greatest tragedy in life is people who have sight, but no vision." To have no collective vision would be more unfortunate than not to have been bestowed with sight at all.
(Mubina Asaf is an advocate of the Supreme Court and a researcher of Institute of Hazrat Mohammad (SAW)
Disability, which includes amongst others, visual impairment, has been considered as a vital issue and recognised globally through declaration of United Nations Decade of Disabled Persons during 1983-92. While evaluating the achievement of the decade, the Asia and the Pacific region fell far behind the targeted plans. This subsequently led to the proclamation by ESCAP for the Asia and the Pacific countries. Bangladesh as a signatory to this proclamation is committed to achieve the target of the Agenda for Action of the Asia and Pacific decade of Disabled Persons (1993-2002). The major focus of the agenda of the decade was to enable people with disabilities to achieve equal opportunity so that they can participate in nation building activities.
Furthermore, an act called Bangladesh Protibondhi Kollan Ain 2001, (Disabled Welfare Act, 2001) was passed in the Parliament and published on 9th April 2001 in the Bangladesh Gazette. The Act establishes a national coordination committee ('Committee') for the welfare of the disabled which includes amongst others Minister for Social Welfare, secretaries and officials of relevant government departments, representatives from private organisations working in the field of welfare for disabled and director, National Eye Institute. The activities of the Committee includes review of existing regulations for the disabled, making necessary amendments, advising and where applicable, ordering the government and other organisations to take steps to ensure equal participation of the disabled in the society. The Act further requires to enlist all disabled persons and issue identity cards, increase public awareness by mass media coverage, identify children who may become disabled, development of educational materials for the disabled including publication of books in Braille system, introduction of sound alert street crossing signals for the visually impaired, subsidised travel at public transports, special programmes on television and special insurance scheme etc.
In spite of these pledges of commitment and enactments by Parliament, Bangladesh is far from achieving its goals of a foreseeable society, whereby there is assimilation and equal opportunities for its disabled populations. In stark contrast to First World nations of the West, where disabled persons are facilitated in everyday life and activities and are treated with dignity, we still have to address fundamental concerns of social attitude and stigmas attached to people with physical disabilities as a preliminary step to overcome the disparities between those who are physically disabled and those who are not.
The education sector in Bangladesh rarely offers special education and facilities to students with visual impairment. Very few blind or visually impaired persons can get proper education due to a lack of adaptive computer knowledge and skills and insufficient supplies of Braille books and equipment. Even if a blind individual overcomes the obvious obstacles and manages a university degree, there is a serious constraint on job opportunities. Proper training can increase the capability of those who are visually impaired. Such training facilities need to be improved.
Needless to say that a society that does not believe and practice equality for men and women, also suffers a lack of understanding and social awareness. A blind or visually impaired female is subjugated to the most serious discrimination and even the education sector is not free of this prejudice. Although there are 5 government schools for the blind in 5 divisional cities in Bangladesh, there are 30 seats for boys, whereas only 20 seats for girls. There are 64 schools under integrated programme in 64 district towns. Nonetheless, there are no accommodation facilities for the girl students. Therefore, they are deprived of the similar education opportunities and equal rights for education. There is only 1 non-government school for blind girls, which is about to be closed due to different problems. In addition to these various adversities that prevent visually impaired girls to continue their studies, at times they do not receive any support from their families. For those that are permitted schooling and continue to receive a higher education, only a few get jobs at different government and non-government organisations.
Discrimination is not restricted in the school and work environment, but inbred in the values of our culture and society. Consequently, too often, visually impaired women cannot get married and if they do get married, their spouses are visually impaired as well. Contrary to this, men who are visually impaired find it easier to get married to someone who does not suffer from visual impairment.
Given these unfortunate circumstances, it is important that the visually impaired or blind have the right to get proper treatment from the state. The Ministry of Health, Ministry of Social Welfare, Ministry of Education, Ministry of Women and Children Affairs and relevant sectors should ensure to provide necessary treatment, education, Braille facilities, rehabilitation and employment to the permanent blind, so that they may be included in mainstream society through self-reliance and development. In order for this to materialise, key initiatives have to be taken and new policies and facilities have to be implemented.
In this regard the Institute would like to propose the following points as initial steps:
l Making the National Coordination Committee for the Welfare of the Disabled more effective and regular review of its activities and achievements.
l Ensuring that necessary actions are initiated to achieve the goals and responsibilities set by the Disabled Welfare Act, 2001 (DWA 2001).
l Introducing special ballot for visually impaired to enable them to cast vote secretly.
l Special account opening and operating facilities in Braille at banks and starting micro-credit programme by Nationalised banks for people with disabilities.
l Forms of admission in Braille especially in school
l Computer training programmes
l Implementation of subsidised travel as ensured by DWA 2001
l Access to literacy through Braille or print
l Adaptive mobility devices with daily living functions
l Equality of access to education
l Creating educational equity for females
l Raising social awareness on visual impairment through different media
l Special training for the staff and officials of public services to assist persons with white stick especially at hospitals, bus-stops, stations and in public transportation and reserving specific number of seats in buses, trains and launches.
l Filling up 10 per cent quota at government service for people with disability.
l Constructing slope way and ramps to ensure access for people with disability.
l Launching media campaign and sensitising the media on disability issues.
l Exclusion of the applicability of copyright laws with regard to translation of materials in Braille.
A country such as Bangladesh has a long way to go to achieve its target of integration of visually impaired in mainstream society. The rights already ensured by the DWA 2001 are a key step forward. It's an achievement that we already have such a comprehensive law and policy in place. However, mere enactment of law will not be beneficial to the disabled unless its implementation is ensured with long-term commitment by the government and the society at large. A mass campaign must be initiated to raise social awareness and eliminate the stigmatisations and discriminatory attitude often subjected towards the disabled. The legal rights of the visually impaired are not only to educate those with vision, but to educate those who suffer from the ailment. We should remove and resolve the impediments faced by the disabled people.
Furthermore, it is the responsibility of those who have been blessed with vision to strive to better the lives of those who do not have the same privilege. As the famous Hellen Keller once stated that "the greatest tragedy in life is people who have sight, but no vision." To have no collective vision would be more unfortunate than not to have been bestowed with sight at all.
(Mubina Asaf is an advocate of the Supreme Court and a researcher of Institute of Hazrat Mohammad (SAW)