Excerpts from the Round table Discussion "Entry into force of the United Nations Convention on the Rights of Persons with Disabilities" 6 June, 2008

The Human Rights teaching and Research Programme (HURITER), JNU organized a round table discussion on the “Entry into Force of the United Nations Convention on the Rights of Persons with Disabilities” at the School of International Studies (SIS), on 6 June, 2008. The Chairperson of the session was Prof. Yogesh K. Tyagi, Director, HURITER. The Seminar was attended by CILS, Chairperson, Prof. B. S. Chimni, and Seminar Coordinator, Dr. V. G. Hegde, and a number of research Scholars.

The round table discussion began with welcome address. Prof. Yogesh K. Tyagi began with a brief introduction on the importance of this convention in the realm of human rights law both domestically and internationally. He stated that this UN convention, which came into force on 3 May, 2008, is a milestone and the beginning of a movement for securing rights of the persons with disabilities on international level as well as for the progressive development of international human rights law. He pointed out that because of disability not only that person concerned suffers but also his/her entire family faces humiliating situation in society as it comes to be identified with the identity tag of the disabled person. He urged that there is a need to bring about a change in customs and behavioural pattern of society towards persons with disabilities and this UN convention is a very significant step towards attaining that goal. He also discussed in detail various articles of the convention.

While making certain observations on the convention, Prof. B. S. Chimni said that it is a significant step forward towards attaining the rights of disabled persons. But questioning the success of earlier human rights conventions he was little skeptical about the success of this convention as a number of shortcomings were evident in earlier conventions so far as their enforcement was concerned. It has been observed that these conventions have become merely ritualistic. Therefore he stressed upon the need to develop an efficient enforcement mechanism so that the convention can be properly implemented. He also pointed out that conventions like this will help develop the normative framework of international human rights law. At the same time he also raised a pertinent question as to why social themes are not made subject of binding procedure in the human rights law similar to that of the World trade Organisation.

Dr. V. G. Hegde also commended the convention in the first place and highlighted the importance of the convention with its protocol. He drew attention of the participants to the efficacy and effectiveness of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. He very aptly explained how the government has come forward to own responsibility in such areas.

Prof. Y. K. Tyagi, while answering few queries of the scholars, referred to various important articles of the convention. He laid emphasis on the importance of Article 4 (b) of the convention which provides for taking appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities. He highlighted the minimalist as well as maximalist approaches to deal with the convention.

The role to be played with the international cooperation in support of national efforts for the realization of the purposes and objectives of the present convention were declared hallmarks of the convention. In this regard Prof. Tyagi also spoke about the role of regional bodies and the civil society at large. In this context the contribution of Ms. Anuradha Mohite was commended across the board. While making his remarks on the convention a research scholar emphasized upon the need to make people aware about various aspects of the convention and their significance at the grass root level so that people can bring about positive changes in their behavioural patterns towards disabled persons. Reflecting upon this comment Prof. Tyagi said that informed society and strong citizenry are the prerequisites for better enforcement of this convention. At the end of the session scholars felt informed, educated and enriched with their knowledge about the importance of the convention in the realm of international and domestic law.

(Mohit Kumar Gupta, International Legal Studies and Sanjeev Kumar Srivastava, Research Scholar, American Studies, SIS, JNU)

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