Claiming disability rights Justice has to come to the fore

In the academy award winning movie Slumdog Millionaire, criminals are shown inflicting physical disabilities on the abducted or homeless children to make them work as beggars. The fate of persons with disabilities often leads them to the streets and temples with no options but to beg for a living. This cruel and unjust traditional practice of disowning, chastising and marginalizing people for physical and mental conditions they did not choose to acquire will continue unless the disabled people empower themselves by knowing and claiming their rights. It is for everybody else to show solidarity, to recognize and respect the rights of the disabled people, and to create an enabling environment for people with disabilities to assert their rights with dignity and autonomy. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) endorses persons with disabilities with powerful rights. The Convention is an instrument of the United Nations (UN) geared toward protecting the rights and dignity of disabled people throughout the world. Some of the principles of the Convention include non-discrimination, full and active participation and inclusion in society, equality of opportunity, accessibility and equality between men and women. In addition, one of the general obligations of signing the CRPD is modification or abolishment of existing laws, regulations, customs and practices that are sources of discrimination against persons with disabilities. National level strategies driven by both governmental and non-governmental actors is required to create an enabling environment for disabled people to be aware of and assert their rights.

Although Nepal is one of the countries that have signed the CRDP in 2008 and recently ratified it, international conventions by themselves may not have the force of law unless the national legislature is amended to reflect those commitments. Even if discrimination is prohibited in the constitution or via other legal provisions, unless the laws are enacted and monitored, they become useless. It should be a concern for current lawmakers that international organizations repeatedly underscore Nepal’s lack of data on disabled people as well as ineffective implementation of existing legislation and programs. The data on persons with disabilities in both national and international levels are scarce and unreliable. Going by the World Health Organization (WHO) estimation of 10 percent of the world population suffering from some forms of disabilities, about 3 million people with some forms of disabilities should be living in Nepal.

The initial step is to ensure that people with disabilities, however severe, know their rights. Access to information and education, through parents, family members, teachers, friends and relatives and the mass media must be ensured. Developing critical consciousness, to borrow Paulo Freire’s concept, is imperative if disabled people are to overcome the age-old discrimination and repression, and to demand equality in terms of employment, education and participation. Increasing awareness among lawmakers, national and local leaders, planners, social activists and the general population about disability rights is important if we are to actuate the process of making what was readily signed on paper a reality in the ground.

The CRDP clearly defines employment as one of the fundamental rights of disabled people. As long as the government does not provide incentives to private sector businesses or impose quotas, people with disabilities who want to be employed will continue to find jobs out of their reach.

The process of organizing the disabled population will enhance their visibility and voice. When disabled people organize themselves, they are better equipped to demand change and advocate for their own rights.

Existing human rights organizations can play a catalytic role in facilitating the organization of people with disabilities from all walks of life. Building capacity of leaders and activists in promoting disability rights is essential to bridge the gap between international standards and its application on the ground. Capacity building exercises can include granting material and funds, training and development, and supporting collaboration with other organizations.

Local leaders must begin to recognize persons with disabilities as citizens with rights as everyone else and local communities be accommodating of their difference. Visibility of disabled people in the media, not as exceptions making news but as a norm will help this group secure its rightful position in the society.

Although at least ten percent of the population is affected by some form of disability, the disabled population is not proportionately represented in the media. It is unfortunate that government action in Nepal is now becoming possible only if groups exert pressure, especially in the forms of strikes and other desperate measures.

Scattered and hardly visible, the disabled people need better information, organization, visibility and voice to lay claims on rights they already have.

San Diego Business - San Diego Nonprofit Manages Workplace Disability

DMEC helps companies get people back to work
By Eilene Zimmerman
Posted on Thu, Jul 22nd, 2010
Last updated Tue, Jul 20th, 2010

PHOTO CAPTION: Marcia Curruthers, CEO of the Disability Management Employer Coalition

New research from the San Diego-based Disability Management Employer Coalition shows that more and more companies are taking an interest in something known as “behavioral risk management.”

Marcia Carruthers.

^{Courtesy photo}

It’s a term coined by DMEC’s president Marcia Carruthers and it is, basically, the things companies can do to lower the number of people who take time off because of disability (from injuries both at work and outside of work) and, for those that do take leave, getting those employees back to work sooner. It’s also a way to manage risk—the risk that certain employees are likely to miss more days on the job than others and stay out longer, because their disability problems aren’t resolved as quickly as they could be. That's because many times what appears to be a physical problem is, at least partly, psychological.

Carruthers says research shows that upwards of 60-70 percent of back claims, for example, a common injury that often results in an extended absence from work, have an underlying psychological component.

“Claims that come in as back problems or a cardiac problem, often it helps to look and see if there’s something else going on with the employee,” she says. “Depression, for example.”

As a nonprofit, the DMEC provides strategies and resources to help companies improve the productivity of their workers. Its recent survey looked at best practices of 114 employers nationwide, with regard to their behavioral risk management. Carruthers says her organization learned that almost all companies believe they need to put into place strategies, programs or practices to help with disability claims. But they also found that there are many barriers to getting employees to look at what might be behind their extended claim of disability. Are they really taking a long time to heal from a workplace injury, or is it that they are stressed and anxious because of a troubled teen at home, the care of an aging parent or marital problems—all of which can make it hard to face work again.

One strategy companies can put in place is to have everyone out on disability see a mental health counselor—just to make sure there isn’t an underlying mental health component to their physical problems.

“The awareness of this is growing,” says Carruthers. “Three-quarters of upper management we surveyed were aware they need to pay attention to this. Although right now it’s hard to implement new practice that will cost money, because of the recession. And the irony in that is that people are more stressed than ever now, so there is more need for this than ever before.”

Having workers out of the office on disability leave—whether it’s related to a workplace injury or otherwise—can really affect a company’s bottom line. Workers out frequently have higher medical costs and use more medical care than other workers. In addition to the productivity loss that comes from their absence, there’s also the problem of workers who are at work, but can’t function well and aren’t as productive as they could be.

“These are poor performers, and they are often difficult to deal with,” says Carruthers. “Several medical associations have come out and said work is curative, so it’s actually important for people’s well-being to get back to work.”

DMEC’s annual international conference will be held here from August 1-4.

Business Sector	Employment
Keywords	San Diego Business Disability Management DMEC

Eilene Zimmerman

About the author: Eilene Zimmerman is a journalist based in San Diego who writes about a variety of topics, including business, social and political issues and family life. Her work has been published in national magazines and newspapers including The New York Times, The San Francisco Chronicle, The Christian Science Monitor, FORTUNE Small Business, CNNMoney.com, CBS MoneyWatch.com, Wired, Harper’s, Salon.com, Slate.com, Psychology Today and others. She blogs at www.trueslant.com. More by this author

Voice of Heart - Importance of Personal Attendent

Letter to my dear friend:

Thank you from the depths of my heart for the help you have given me. During one of my darkest moments, you were there reassuring me. When I was most frightened, you figured out what needed to be done and did it. When I just couldn't manage, you found a solution.

You offered your time, love, energy and even your money to help me with my transition learning to be a person with a disability. I will always love you for all of your help.

Now I have a favor to ask. You've taken it a little too far. I need you to stop, breathe and realize that I will be okay.

I know you are worried about me. You've watched my physical condition deteriorate. You worry about whether I will be okay, about how I feel, and about what will happen to me. I've reached a point with my MS that I'm pretty sure I'll be okay. I need you to reach the point that you realize I will be okay. Even if I never walk again, I will be okay. Even if I keep spasming, I will be okay. Even if I frequently experience pain, I will be okay. I will be okay because I still have a life to live. I fully intend to live it.

This is what I need from you. When I tell you I've started an exciting new project, something that speaks to my heart but also will take some time and energy, please don't respond to me with worry. When I say, “I'm so excited I've started this project!” I want you to say, “I am so excited for you!” I don't want you to say “Are you sure you should be doing this? Are you sure you are going to be okay?”

Even if you don't actually say these words, but I can see your concern and worry in your eyes and hear it in your voice, you are telling me to stop living my life. You are telling me to quit living and sit out. I need your encouragement to live my life.

When we go out into the world together, I don't want you to go as my helper. I want you to go as my friend. I want you to laugh with me, smell the flowers with me, and be silly with me. Please don't come with me as my helper, always looking to help me with whatever I might need, always worrying about something going wrong and ready to save the day. If you do that, I know you don't see me as a friend anymore. You just see me as my disability, an obligation, a bother, a responsibility.

I might need help every now and then. If I do, I'll let you know. I just ask you help me quickly, and then let's set that aside. Please just be my friend again and laugh, dance and be silly with me. I need you to pretend I don't have a disability. Sometimes we have to acknowledge my disability, deal with it and work around it. Please, please don't get stuck in that.

Sometimes we can ignore my disability. I can just be me, you can just be you and we can be friends again. Inside of this body that doesn't work so well, I'm still me. Look in my eyes and you will find me inside of here. That's who I want you to talk to and play with.

I'm still me.


Note to reader: substitute “family member” for “friend” as appropriate.
 
Writer of this article is Ms. Sandy Lahmann, published at Summit Daily News