Human Rights Act of 1998: Rights of People with Learning Disabilities

author

Vihaan Disouza

. 4 min read

Follow

The Human Rights Act of 1998 lays out the fundamental rights and liberties that are guaranteed to each and every person living in the United Kingdom. The Act incorporates the rights guaranteed by the European Convention on Human Rights (ECHR) into British law. These rights were previously only protected under international law. Any new law that is passed in the United Kingdom must, as a general rule, be compatible with the Convention rights. The Act requires all public authorities (including government departments, councils, hospitals, the police, and those acting on behalf of public authorities) to behave in a manner that respects and protects the individual's human rights. This includes those who are acting on behalf of public authorities.


What exactly constitutes a human right?

A human right is an entitlement that belongs to every person, regardless of whether or not they have a learning disability. This is the case even if the person does not have a learning disability.

Why is it so important for countries to sign treaties like the Convention on the Rights of Persons with Disabilities?

It is estimated that there are approximately 1 billion disabled people in the world. They are typically the poorest of the poor in most cases. All societies practice some form of stigma and discrimination against those individuals. People who have disabilities are frequently not given the opportunity to hold a job, go to school, or fully participate in society, which creates obstacles for their financial success and overall well-being.

Number of Obstacles that People with Disabilities Face when trying to find Employment or Maintain their current Position

In broad terms, some of the most significant obstacles include the following

(1) The actual physical disability.

(2) The financial cost of accessibility.

(3) The lack of access to education, related training, employment, and networks.

(4) The stigma that is attached to having a disability.

It is the responsibility of all employers, whether they are public, private, or not-for-profit organizations, to uphold certain standards in order to guarantee that these barriers are eliminated. Additionally, there is a growing emphasis being placed on the provision of educational and vocational assistance for people who are living with disabilities. Raising awareness of those who do not face barriers is a part of that education component. This is done so that we can try to avoid stigma altogether or remove it as early as possible. Because, in the end, it is possible for it to have an effect on anyone at any time, ensuring that everyone is aware of the collective value in developing the skills and employing people with disabilities could possibly be a part of the education component. Disability does not discriminate.

Persons with Disabilities Have the Following Constitutional Rights

Right to Equality: Under article 14, as it enshrines a specific dimension of the principles of equality relating to discrimination by state or various grounds. This is because article 15 enshrines a specific dimension of the principles of equality relating to discrimination by state or various grounds.

The Right to Work: Article 27 of the CRDP gives states the instruction to "recognizes the right of persons with disabilities to work, on an equal basis with others;"

The Right to Freedom: Under Article 14 of the CRPD, state parties are obligated to ensure that people with disabilities have the right to freedom and protection of their person. If people with disabilities were specifically given the right to freedom or liberty, then we considered it to be a guarantee that those people would have the right to liberty.

The Law Regarding Education for People with Disabilities: Every citizen, including those with disabilities, has the opportunity to exercise their right to an education. In accordance with the provisions of Article 29(2) of the Constitution, no citizen may be turned away from enrollment in any educational institution.

Regulations Concerning Health: The government has the primary responsibility, as outlined in Article 47 of the constitution, to raise the level of nutrition and standard of living of the country's population as well as to make improvements in public health.

Family Laws: Where one of the parties is an idiot or a lunatic; where one of the parties is unable to give a valid consent due to unsoundness of mind; where one of the parties is suffering from a mental disorder of such a kind and extent as to be unfit for'marriage for the purpose of procreation of children'; and where one of the parties is unable to give a valid consent due to unsoundness of mind.

A landmark step for disabled: It is now incumbent upon the Union, the states, and the Union Territories to take action regarding the matter. In addition to this, it is essential to make sure that all public buses adhere to the standardized guidelines for accessibility for people with disabilities.

The term "disability" is based on a concept that is constantly changing and developing

The number of different kinds of disabilities has increased from seven to twenty-one. The act added mental illness, autism, spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, speech and language disability, thalassemia, haemophilia, sickle cell disease, multiple disabilities including deaf blindness, acid attack victims, and Parkinson's disease, all of which were largely ignored in earlier act. Additionally, the act added victims of acid attacks. Additionally, the government has been given the authority to notify any other category of disability that has been specifically identified.

It raises the percentage of people with disabilities who are eligible for reservations in government jobs from 3% to 4%, and it raises the percentage of people with disabilities who are eligible for reservations in higher education institutions from 3% to 5%.


More Stories from Polity

Freedom of Expression and the Maintenance of Political Stability

Ronit Agarwal.4 min read
Freedom of Expression and the Maintenance of Political Stability

The Importance of Political Correctness in Everyday Life

Vikash Jain.3 min read
The Importance of Political Correctness in Everyday Life

Reformation of Elections in the United States

Alvish Asher.3 min read
Reformation of Elections in the United States