The problems of the disabled are not only those caused by their disability but also those of adjustment in a world whose apathetic or holistic attitude towards them magnifies their troubles and threatens their very existence as human being. With the change of time, there has been paradigm shifting towards addressing the problem of disability. There is more focus on temperament and rehabilitation of physically and mentally challenged persons rather than welfare orientation. Physical handicap refers human Herman limitations irrespective of whether disability is attributable to disease, injury or inheritance. Physical disability will lead to a limitation of physical function whether locomotors, sensory or effective special organism medical definition of physical impairment is adopted and subsequently extended to include sensory, and cognitive forms, in contrast to a definition of disability in socio-political term, as the outcome of an oppressive relationship between people with impairments and the rest of society. [1] As many as possible 80 per cent of all disabled persons live in isolated rural areas in the developing countries. They often live-in areas where medical and other related services are scarce, or even totally absent, and where disabilities are not and cannot be detected in time. When they do receive medical attention, if they receive it at all, the impairment may have become irreversible. In many countries, resources are not sufficient to detect and prevent disability. In such countries, the disability problem is further compounded by the population explosion, which inexorably pushes up the number of disabled persons in both proportional and absolute terms. There is, thus, an urgent need, as the first priority, to help such countries to develop demographic policies to prevent an increase in the disabled population and to rehabilitate and provide services to the already disabled. Therefore, at international level many international conventions create obligations on the signatory states to take measures to make the differently challenged persons to enjoy their human rights. Union of Physically Impaired Against Segregation (UPISA) of Britain has defined the impairment and disability in the following terms.

Overview of International Conventions on the Rights of Persons with Disabilities.

Literature reviews has been discussed through out the paper.

Definition

The following distinction is made by the World Health Organization, in the context of health experience, between impairment, disability and handicap:

Impairment: Lacking part of all of a limit or having a defective limb organ or mechanism of the body.

Disability: The disadvantage or restrictions of activity caused by a contemporary social organization which takes no or little account of people who have physical impairments and thus excludes them from participation in the mainstream of social activities. Any restriction or lack {resulting from an impairment) of ability to perform an activity in the manner or within the range considered normal for a human being.

Handicap: Resulting from impairment or disability, that limits or prevents the fulfillment of a role depending on age, sex, social and cultural factors for that individual. Handicap is therefore a function of the relationship between disabled persons and their environment.

Century social theory typically followed medical judgments in identifying disabled people as those individuals with, physical, sensory and cognitive impairments as less than whole, and hence unable to fulfill valued social roles and obligations. This in capacity left them dependent on other negative associations meant that disability was perceived as a personal tragedy. This encompasses an individual and largely medicalized approach; first disability is regarded as a problem are the individual level; second, it is equated with individual functional limitations or other defects: and third, medical knowledge and practice determines treatment option. The various problems confronting the physically handicapped individual in each specific sphere are considered in terms of physical, psychological, social, education and vocational. Interestingly, every major physical disability cause, among other things some sort of psychological disturbance, which may run the gamut from slight imperiously to anxiety. escapism, extreme depression and over aggression. This psychological disturbance may be caused by disability itself. Disability also affects individual’s social standing and mental life. Thus, Disabled Person become a marginalized person. Disability also affects adversely the learning process and enhancing competencies and skills for educational developments as well as economic empowerment.[2] The problematic effects of disability from a social view point are analyzed in terms of health and sickness. Stigma, social, deviance social oppression and social exclusion are associated with disability and impairment. Therefore, disabled persons are viewed as unfortunate because they are unable to enjoy. These also include the opportunities for marriage, educational development social interactions, employment etc.

International Instruments for Protecting Rights of Differently Abled Persons

Disability has become a focused attention in the recent times with the rise in political activism and voluntarism at the international and national level and also increasing debate about the development of alternative service programs.[3]  However, one half of the world’s impairment is preventable by introduction of improved policies to confront poverty and malnutrition, to improve sanitation, drinking water and employment conditions and to reduce accidents. Preventive measures are a top priority since in India, to the prevalence of conditions such as polio and blindness is at least four times higher among people who are below the poverty line compared with those are above it. Poverty and lack of an adequate health and social care in infrastructure are not only factors producing impairment in the majority world. The causes of impairment extent to specific cultural practices, natural disasters and the consequences of economic development. Civil wars, ethnic conflicts and insurgencies also cause growth of impairments and disabilities.[4] The Ministry of Social Justice and Empowerment is the nodal Ministry for disability sectors even though rehabilitation of persons for the disability is a multi-sectoral process involving a package of services and activities. In India, efforts to rehabilitate physically and mentally challenged are marked with policy shifts from the regime of treating them to participate effectively in the development process as well as in the mainstream of national life. International organizations and agencies are equally conscious regarding protection of rights of disabled.[5]

Universal Declaration of Human Rights[6], especially articles 3, 21, 23 and 25, provides human rights standards accepted by all member states. The UDHR represents the normative basis that led to formulating the standards concerning persons with disabilities that exist today. In Article 25 (1) the UDHR specifically mentions the socio-economic rights of people with disabilities: the right to an adequate standard of living, including food, clothing, housing and medical care and social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age. Article 7 of the UDHR  guarantees equality before the law and equal protection  for all people, it is  the inclusive section.  Also, International Covenant on Civil and Political Rights[7] lists several rights that are relevant to disability. Article 26 states that all people are equal before the law and have the right to equal protection of the law.  International Covenant on Economic, Social and Cultural Rights does not explicitly refer to disability. However, disability can be included under "other status" in article 2 (2), which calls for non-discrimination on any grounds such as race and color, and "other status".  the Committee on Economic Social and Cultural Rights, the monitoring body of the Covenant, in its General Comment 5 of the year 1994 formulates obligations of states to eliminate discrimination of persons with disabilities in the areas of equal rights for men and women ("double discrimination") in article 3 of the ICESCR.

In 1971, the United Nations General Assembly, through Resolution 2856 (XXVI), adopted the "Declaration on the Rights of Mentally Retarded Persons." This declaration serves as a universal standard and guiding principle for safeguarding their rights. The General Assembly emphasizes the importance of both national and international efforts to ensure these rights. It underscores the need to support individuals with mental disabilities in realizing their full potential and promoting their integration into society. The Declaration establishes that 'mentally retarded persons' have the same rights as other human beings.  Specifically, they have the right to:

i.      proper medical care, physical therapy, education, training, rehabilitation and guidance to develop their ability and maximum potential;

ii.     Economic securitymand decent standards of living; to perform productive work and engage on any meaningful occupation;

iii.   To live with their own families or foster care, and to participate in community life;

iv.    A qualified guardian when required to protect their personal well-being and interest; protection from exploitation, abuse, degrading treatment, to due process of law.

A Declaration of Rights of Deaf-Blind Persons[8] adopted on September 16, 1977, New York City, U.S.A.  Around 30 countries of the world assembled for this first international conference on service to deaf-blind youths and adults, welcoming the United Nations Declaration of Human Rights and the Declaration of the Rights of Disabled Persons, have agreed upon and have adopted the Declaration specifically concerning the needs and rights of deaf-blind persons and commend it to the attention of the world community

The Convention on the Elimination of Discrimination Against Women  does not include any specific article on disability rights, but aims to protect the rights of all women, whether disabled or not.  In General Recommendation 18, the Committee [9] is the monitoring body of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW convention), highlights the unique challenges faced by disabled women. These women encounter a dual form of discrimination, firstly based on their gender and secondly, on account of their disability. The term "double discrimination" refers to the compounding effects of discrimination experienced by individuals who belong to multiple marginalized groups. Disabled women often find themselves at the intersection of gender-based discrimination and disability-based discrimination, which can exacerbate their vulnerability and limit their access to rights and opportunities.

The year 1981 was declared as the International Year of Disabled Persons. In 1982 United Nations General Assembly adopted the World Program of Action concerning disabled persons.  It outlines principles for prevention of causes of disability as well as measures for the rehabilitation of people with disabilities and to ensure equal opportunities to them. [10]

The World Programme of Action (WPA) is a worldwide initiative aimed at improving disability prevention, rehabilitation, and ensuring equal opportunities. Its primary goal is to facilitate the full integration of persons with disabilities into social activities and national progress. Additionally, the WPA underscores the importance of addressing disability through a human rights framework.

"Equalization of opportunities" is a central theme of the WPA and its guiding philosophy for the achievement of full participation of persons with disabilities in all aspects of social and economic life. India also has taken and made considerable progress in all the categories of action for disabled. The most important factor has been a shift in emphasis in policies towards disabled from a welfares and charity approach to that of equalization of rights and opportunities. Importantly, the role of NGO’s in disability sector has been found praise worthy while emerging trends and efforts have had a direct impact on the policy makers. Persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act was enacted in 1995 by the Indian parliament. The Act aims at the elimination of discrimination and the creation of an inclusion society which provides opportunities for development of people with disabilities to their fullest potential. The Act prescribes a 3 percent of reservation in identified posts in all government and public sectors offices. Importantly, in order to empower disabled to cope with the challenge of being economically independent and to develop the necessary entrepreneurship and initiative, the national handicapped Finance and Development Corporation has been set up to support self-employment projects for disabled. [11]

The treaty of the International Labour Organization, Convention 159, concerning Vocational Rehabilitation and Employment (Disabled Persons) obligates states to "formulate, implement and periodically review a national policy on vocational rehabilitation and employment of disabled persons" (article 2). This treaty also emphasizes the principle of equal opportunity: "positive measures aimed at effective equality of opportunity and treatment between disabled workers and other workers shall not be regarded as discriminating against other workers" (article 4)[12].

Convention on the Rights of the Child lists the disability as one of the grounds of prohibited discrimination (article 2).  In addition, article 23 directly addresses the rights of children with disabilities stating that disabled children are entitled to a "full and decent life" of dignity and participation in the community.  Again, Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care (1991)[13] sets detailed standards for the protection of persons with mental disabilities. It emphasizes that all persons have the right to best available mental health care and that persons with a mental illness shall be treated with humanity and respect for the inherent dignity of the human person.

People with mental disabilities deserve protection from all forms of exploitation, abuse, and mistreatment, including economic and sexual exploitation. They also have the right to enjoy all civil and political rights without facing discrimination because of their mental illness. If someone lacks the ability to make decisions due to their mental illness, any decisions about their well-being should only be made after a fair hearing by a fair and unbiased tribunal established by the law of the country.

Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993) Adopted by the General Assembly in 1993 in the aftermath of the Decade of Disabled Persons do not constitute a legally binding document for member states. However the Standard Rules  are the most comprehensive set of human rights represent a strong moral and political commitment of Governments to take action to attain equalization of opportunities for persons with disabilities. Implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities are monitored by the UN Special Rapporteur on Disability. Mr. Shuaib Chalklen, the present Special Rapporteur.

Beijing Declaration on the Rights of People with Disabilities (2000) was adopted at the World NGO Summit on Disability and calls for a higher standard of living, equal participation and the elimination of discriminatory attitudes and practices[14].

Convention on the Rights of Persons with Disabilities (2007) was adopted and entered into force in May 2008[15].  It marked the beginning of a new era in the efforts “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity” (art. 1). Although persons with disabilities have always been entitled to the same rights as everyone else, it is the first time that their rights are set out comprehensively in a binding international instrument. The Convention on the Rights of Persons with Disabilities reflects a significant change in how we view disability. Instead of focusing on what's wrong with the individual, we now understand disability as a result of how the person interacts with an environment that doesn't accommodate their differences. This shift, known as the social model of disability, recognizes disability as a human rights issue. The Convention takes this idea forward by explicitly acknowledging disability rights. It emphasizes identifying and overcoming barriers in social, legal, economic, political, and environmental spheres that limit the rights of persons with disabilities. This approach means treating individuals with disabilities as rights holders, not objects of charity or others' decisions. It seeks to promote respect for human diversity and enable meaningful participation by all, including persons with disabilities. Protecting and promoting their rights adopting measures to change attitudes and behaviors that stigmatize and marginalize persons with disabilities. To truly uphold rights, we must replace policies, laws, and programs that restrict them. This means eliminating immigration laws that discriminate against people with disabilities, abolishing laws that forbid persons with disabilities from marrying, and ending practices that allow medical treatment without their informed consent. Only by addressing these barriers can we ensure that individuals with disabilities have equal access to their rights and freedoms. laws that allow detention on the basis of mental or intellectual disability; and policies that deny medical care to a person because he or she has a disability. Moreover, programmes, awareness-raising and social support are necessary to change the way society operates and to dismantle the barriers that prevent persons with disabilities from participating fully in society. Furthermore, persons with disabilities need to be provided with the opportunities to participate fully in society and with the adequate means to claim their rights.

African Union (formerly organization of African unity, OAU)

African Charter on Human and Peoples' Rights (1981)[16] provides in article 18 (4) that disabled persons have the right to special measures of protection and article 16 (1) provides that every individual shall have the right to enjoy the best attainable state of physical and mental health. The Council of Europe has not adopted any specific human rights treaty on persons with disabilities, but created two important treaties that include the protection of disabilities rights:

European Convention on the Protection of Human Rights and Fundamental Freedoms (1950)[17].  Article 5 of the Convention states that the right to liberty and security can be infringed on grounds of mental disability: "No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: [...] the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants."

The European Social Charter (1961)[18] addresses social and economic rights, such as the right to work, or the right to social security. The Charter was the first human rights treaty to explicitly mention disability.  In addition, the Parliamentary Assembly of the Council of Europe has adopted several recommendations about policies regarding persons with disabilities. In December 2000, the Council of Ministers of the European Union adopted a (binding) general Framework Directive on equal treatment in employment prohibiting direct and indirect discrimination on the grounds of religion or belief, age, disability or sexual orientation. The Framework Directive is binding upon the current member states, while member states are required to have completed national implementation of the Directive before joining the EU.

The American Convention on Human Rights (1969)[19] does not explicitly address the subject of disability, but contains the classical human rights guarantees. Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights (Protocol of San Salvador) (1988) (article 18)
This treaty specifically lays down that person with disabilities are entitled to receive special attention in order to achieve the greatest possible development of his or her personality. It also obliges governments to implement special measures to facilitate the full integration of persons with disabilities.  Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons With Disabilities (1999) aims to prevent and eliminate all forms of discrimination against disabled persons and to promote their full integration into society.

1.4 Enforcement of international Instruments

Every global human rights document upholds the rights of individuals with disabilities, emphasizing principles of equality and non-discrimination. Moreover, provisions protecting members of vulnerable population groups, which are included in basic human rights instruments, are also applicable to disabled persons. In addition, General Comments on the human rights of persons with disabilities have been adopted by the Committee on Economic, Social and Cultural Rights[20] and the Committee on the Elimination of Discrimination against Women[21]. These treaties, which are binding on States parties to them, some universal instruments, but on the other hand Universal Declaration on Human Rights, and Certain provisions, like the principle of non-discrimination, have evolved into customary international law. This means they're universally recognized norms that all countries must adhere to, irrespective of whether they've formally ratified the treaty containing the same guarantee or not. That means these principles binding on all states, forming an integral part of the international legal framework.

There has been growing recognition in contemporary international law that all States have a duty under article 56 of the Charter of the United Nations[22] to ensure respect for and to observe human rights, including the incorporation of human rights standards in their national legislation. The obligation of States Parties to the international human rights instruments to give effect to their obligations clearly requires Governments to do much more than merely abstain from taking measures which might have a negative impact on persons with disabilities.

Disability-specific international instruments concerning the rights of disabled persons have been adopted at the international level are legally binding instruments. Unlike the international legal instruments General Assembly of the United Nations adopted declarations, resolutions and guidelines but these instruments may not themselves be legally binding; their provisions may nevertheless in part reflect customary international law norms or be important sources for the interpretation of more general norms contained in treaties. These instruments encompass crucial declarations and programs aimed at advancing the rights of individuals with disabilities, including the Declaration on the Rights of Mentally Retarded Persons, the Declaration on the Rights of Disabled Persons, and the World Programme of Action concerning Disabled Persons. Together, they represent significant steps towards promoting equality, inclusion, and empowerment for people with disabilities on a global scale.

The Convention on the Rights of Persons with Disabilities is the first global agreement that sets basic standards for various rights—civil, political, social, economic, and cultural—for people with disabilities everywhere. Its aim is straightforward: to make sure that everyone with a disability can fully and equally enjoy all human rights and freedoms. /. Parties to the Convention need to periodically inform the UN Committee on the Rights of Persons with Disabilities about the measures taken to implement it.  As of December 11, 2014, 151 States have ratified the Convention, 85 have ratified the Optional Protocol. According to article 35, paragraph 1, of the Convention on the Rights of Persons with Disabilities, States parties are obliged to submit the report to the Committee within two years of the ratification of the Convention, and every four years thereafter, a report on the implementation of the Convention in the State party concerned. The Committee shall endeavour to engage constructive dialogue with States parties with the aim of helping them to better implement the Convention.

Disabled are among the most marginated sections of the society cutting across casts, creed and community. The disabled are facing so many problems in their life. The problems are simply related to physical, psychological, and social. Again family attitudes, social attitudes and behaviors towards disabled persons have been found to be negative in the sense that disability has marginalized the physical and mental challenged and also caused tension, fear and social insecurity among disabled. The main problems of disabled are disgraceful behavior, dishonor, marriage settlement and non-cooperation. Importantly, due to disability their social relations are limited.

Disabled persons, whatever the origin, nature and seriousness of their handicapped and disabilities have the same fundamental rights as their fellow citizens of the same age, which implies first and foremost the right to enjoy a decent life, as normal and full as possible. Moreover, disabled persons have the same civil and political rights as other human beings. They are also entitled to have their special needs taken into consideration at all savages of economic and social planning.  Considering the magnitude of the problem, the tasks before a welfare state are enormous. There has been a range of international initiatives that have helped shape the approach to addressing persons with disabilities. To improve the condition of disabled persons is justified not only for a humiliation ground but also the utilization of their potential in productive purpose. Disabled persons have the right to live with their families or poster parents and to participate in all social, creative or recreational activities. Importantly, disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory abuses or degrading nature. International documents and legal enactment made the provisions for harnessing the disabled and their rehabilitation.

1. S.P Pandey Awadhesh Kr. Singh Sanjay Kr. Pandey, ‘Rehabilitation of Disadvanced Children and Women Sex Workers’, Serials Publication, New Delhi.

2. Ibid, at 108

3. Ibid at 114

4. Ibid at 115

5. Ibid at 117

6. The General Assembly proclaims the Universal Declaration Of Human Rights is a common standard of achievement for all peoples and all nations.

7. This Covenant was adopted by the United Nations General Assembly on 16 December 1966 and  it has been ratified by 147 states. The Covenant elaborates

further the civil and political rights and freedoms listed in the Universal Declaration of Human Rights.

8. Article 1: Every deaf-blind person is entitled to enjoy the universal rights that are guaranteed to all people by the United Nations Declaration of Human Rights and

the rights provided for all disabled persons by the Declaration on Rights of Disabled Persons.

9. The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of independent experts that monitors implementation of convention and it  consists of 23 experts on women’s rights from around the world.

10. Supra note 2 at 128

11. Supra not, 2 at 117 &118

12. The ILO is the United Nations agency devoted to advancing opportunities for women and men, including persons with disabilities. Key ILO instruments relating to the right to decent work of persons with disabilities and prohibiting discrimination on the basis of disability include Vocational Rehabilitation and Employment (Disabled Persons).

13. It is the resolution Adopted by the United Nations General Assembly, forty-sixth session, (Resolution 46/119) on17 December 1991.The 1(4) Principle prohibits discrimination on the ground of mental disability.

14. Beijing Declaration on Disability is a inclusive Development convention and it implemented the Convention on the Rights of Persons with Disabilities (CRPD) and progress concerning the Millennium Development Goals (MDGs), focusing on the removal of barriers faced by persons with disabilities and promotion of equitable and inclusive development for all.

15. The Convention is intended as a human rights instrument and it adopts a broad categorization of people with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms.

16. The "African Charter on Human and Peoples' Rights", firmly convinced of their duty to promote and protect human and people' rights and freedoms in Africa.

17. The European Convention on Human Rights (ECHR) is an international treaty and all Council of Europe member states are party to the Convention to protect human rights and fundamental freedoms in Europe. The Convention established the European Court of Human Rights (ECtHR). Any person who feels his or her rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them.

18. The European Social Charter is a Council of Europe treaty which was adopted in 1961 and revised in 1996. The Revised Charter came into force in 1999 and is gradually replacing the initial 1961 treaty. The Charter sets out human rights and freedoms and establishes a supervisory mechanism. The European Committee of Social Rights (ECSR) is the body responsible for monitoring compliance in the States party to the Charter.

19. The American Convention on Human Rights is an international human rights instrument. It was adopted by many countries in the Western Hemisphere and came into force on 18 July 1978.

[20]      The Committee on Economic, Social and Cultural Rights (CESCR) is a United Nations body of 18 experts it usually meets  to consider the five-yearly reports submitted by UN member states on their compliance with the International Covenant on Economic, Social and Cultural Rights (ICESCR).

21.  The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of independent experts that monitors implementation of convention and it consists of 23 experts on women’s rights from around the world.

22. Charter of the United Nation which was signed in San Francisco on 26 June 1945. All members of the United Nations are bound by these provisions.