The document is a study by the National Human Rights Commission of Bangladesh on the country's compliance with the Convention on the Rights of Persons with Disabilities. It provides context on the growth of human rights and discussions around ensuring the effective enjoyment of rights. It also examines debates around defining and enforcing economic, social and cultural rights, and discusses how Bangladesh recognizes these rights domestically and its obligations under international treaties.

1. National Human Rights Commission, Bangladesh
The Convention on the
Rights of Persons
with Disabilities:
A Study on
Bangladesh
Compliance

3. The Convention on the
Rights of Persons with
Disabilities: A Study on
Bangladesh Compliance
January 2013
National Human Rights Commission, Bangladesh

4. The Convention on the Rights of Persons with
Disabilities:AStudy on Bangladesh Compliance
Study Conducted by: Md. Golam Mostafa, National Consultant,
BNHRC-CDP
Published: January 2013
Printed by:
National Human Rights Commission, Bangladesh (NHRC)
Gulpheshan Plaza (Level-11)
8, Shahid Sangbadik Salina Parvin Sarak
Boro Magbazar, Dhaka-1217, Bangladesh
Phone: +880-2-9336863, Fax- +880-2-8333219
Email: nhrc.bd@gmail.com, Web: www.nhrc.org.bd
Disclaimer:
The study data, analysis, opinions and recommendations
contained in this report are those of the author. They do not
necessarily represent of reflect the views or opinions of the
National Human Rights Commission (NHRC) or UNDP, Sweden,
DANIDAand the Swiss Confederation

5. FOREWORD
Human rights as a concept are normative in essence,
capturing a bundle of rights reflecting the interests most
fundamental to any human being. It is not without reason
thattheunderstandingofhumanrightshasbecomeacritical
component of modern legal systems. Human rights have
experienced momentous growth during the post-World war
II era. At the international, state and local levels, human
rights laws, declarations, charters, and covenants have
multiplied and endorsed a recurring core of rights and
obligations linked to the protection of fundamental human
dignity, equality and justice. Nevertheless, there has been a
growing concern that simply ratifying or legislating human
rights conventions and laws does not lead to the effective
enjoyment of human rights in the daily lives of millions of
individuals. What really is necessary are initiatives that
would translate these broad and abstract human rights
norms and standards into the vernacular of everyday life,
transplanting these norms into ordinary human relations
wheretheycantrulyachievetheirtransformativepotential.
Human rights, in the way they have been classically captured
in legal standards, protect the individual against oppression
by the state. Built on the painful experiences of abuses at the
hands of governments, human rights thus correspond to a
series of obligations imposed upon the state, including

6. either duties to abstain from interfering within a protected
zone shielding every individual, or duties to provide
everyone with the opportunity to develop and realize their
full potential. Human rights have transformed the way in
which we conceive of the place of the individual within the
community and in relation to the state in a vast array of
disciplines, including law, politics, philosophy, sociology and
geography. The published output on human rights over the
last five decades has been enormous, but on the whole
bound tightly to a notion of human rights that links
individualsandgroupsdirectlytothestate.
However, over the last two decades, there has been a
gradual enlargement of the scope of human rights, moving
them beyond claims against the state to contest human
rights violations by non-state actors. Initially spurred by
feminist critiques of the exclusion of domestic violence as a
human rights concern, a move to reinterpret human rights
has meant that more and more rights can be claimed to
protect victims from abusers which have no relation to the
state. Examples include the rise of individual criminal
responsibility for war crimes and crimes against humanity.
Such application of human rights nevertheless by and large
remained anchored in a positivist understanding of law,
calling for the state to remain centrally involved as arbiter or
enforcer. This has been, till date, the prevailing view with
regard to civil and political rights as well as rights popularly
defined as “group rights” (e.g. women rights, child rights,
rightsoftheexcludedcommunitiesetc.).

7. The situation is somewhat more complicated with regard to
economic, social and cultural rights (ESC rights). Economic
andsocialrightsareincreasinglyunderthreatworldwideasa
result of government retrenchment in social spending for
both pragmatic and philosophical reasons. Government
indebtedness increased rapidly during the 1980s and early
1990s, and the response was to cut deeply into social
programmes. And further government retrenchment would
seem inevitable in the coming decade, as the recession- and
the massive stimulus spending to counter it- has pushed
governments back into deficit positions. In many countries,
the earlier cuts in social programmes were imposed by the
international financial institutions (notably the IMF and the
World Bank) through structural adjustment programmes
that became part of every loan package. The cumulative
effect of these changes on the social safety net as a whole
compoundedtheeffectofcutstoindividualstrands.
Philosophically, a neoliberal, or market-based, approach to
governance has been promoted by international lending
institutions and others since at least the late 1980s, and is
now followed in many countries including in Bangladesh.
The effect of this two-pronged approach- imposing social
spending cuts in the context of a market-based governance
strategy- on the economic and social rights of the most
vulnerable is increasingly questioned. But how to protect
economic and social rights is difficult to conceptualise, as
their legal effect is a matter of debate. The debate focuses
mainly on the recognition of rights (i.e. their source and

8. content) and their enforcement (i.e. justiciability), and the
relationship between the two. However, this focus tends to
haveaninterimstep,thatoftheimplementationofrights.
ESC rights are recognized, either explicitly or implicitly, at
both the international and domestic levels. Explicit
recognition is found in a variety of international instruments
ranging from hard- law treaties through to soft-law
documents. Treaty examples of recognition of such rights
include, at the universal level, the International Covenant on
Economic, Social and Cultural Rights (ICESCR) and, at the
regionallevel,theEuropeanSocialCharter.
Implicit recognition occurs through a process by which
economic and social rights are “read into” international
instruments dealing with civil and political rights. This is
notably the case with the European Convention on Human
Rights,whereforexample,therighttoadequatehousinghas
been read into the right to protection against inhuman and
degrading treatment and the right to respect for private and
family life. It is also the case with the African Charter on
Human and People’s Rights, where a right to housing or
shelter has been read into the combined effects of the rights
toproperty,healthandprotectionofthefamily.
ESC rights are also recognized explicitly and implicitly at the
domestic level. This recognition is strongest when it is found
in constitutional documents, as in the 1996 South African
constitution, but it might also be found in ordinary
legislation although this is more vulnerable to changing

9. political agendas. A recent legislative example is France’s Loi
instituant le droit au logement opposable, which recognizes
a right to “decent and independent” housing guaranteed by
theStateandenforceablebymediationandcourtaction.
“Reading in” also occurs at the national level, either
constitutionallyasinIndiawherearighttoadequatehousing
has been read into the constitutional guarantees of the right
to life and mobility rights, or legislatively as in the United
Kingdom where the Human Rights Act gives domestic effect
totheEuropeanConvention.
These legal regimes- international and domestic- can and
often do intersect in two different ways. A first is in regard to
content, as international rights are often incorporated into
domestic legislation either by reference to the international
instrument or in identical or substantially similar terms to it.
A second is in regard to enforcement, as domestic courts
often have regard to international instruments either to
enforce them directly in monist jurisdictions where this is
permitted or to use them as aids in interpreting and applying
domestic rules in dualist jurisdictions where direct
enforcementisnotpermitted.
The enforcement of ESC rights is hotly contested and is
intertwined with the issue of recognition. Rights are often
regarded in black and white terms, as being either fully
justiciable or simply aspirational. Because economic and
social rights are justiciable with difficulty at best, they are

10. often placed in the aspirational category and thus not
recognizedas“rights”.
The justiciability of ESC rights is questioned on the grounds
that they are too vague to have clear legal content, too costly
to implement and thus too political for judicial decision, and
too positive to be amenable to court supervision. These are
the reasons why ESC rights are recognized e.g. “to the extent
provided by law”. And these are the reasons why both the
ICESCR and the European Social Charter were, for so long,
monitored through state reporting procedures rather than
complaints procedures like their sister treaties, the ICCPR
andtheEuropeanConventiononHumanRights.
The U.N. Committee on Economic, Social and Cultural Rights
(CESCR), the monitoring body of the ICESCR, has responded
to the enforcement critique in a number of ways. One
response has been to modify the enforcement mechanisms
so that judiciarisation can now be said to be supplementing
dialogue. One change was to sharpen the reporting system
itself to make it more adversarial in nature. It did this by
encouraging the submission of “shadow reports” from
national non-governmental organizations and by issuing
rather pointed public “Concluding Observations” on the
individualnationalreports.
A second response has been to counter the objection of
vagueness by issuing a number of documents clarifying the
content of rights. In this vein, the Committee has issued
General Comments on various rights guaranteed in the

11. ICESCR; it has had Special Rapporteurs named to study
particular rights; and it has held “days of general discussion”
onindividualrights.
Athirdresponsehasbeentoaddressjusticiabilityarguments
based on cost and positive nature by clarifying the nature of
State obligations under the Covenant. In its General
Comment No.3, the Committee defined them as comprising
obligations to take steps towards realizing the rights (albeit
progressively), to avoid any unjustifiable backsliding (i.e.
deliberately regressive measures) in their realization, and to
assume a minimum core obligation in regard to each right.
The Committee has also endorsed a “typology” of State
obligations which disaggregates them into (1) the obligation
to respect (i.e. to refrain from interfering with the rights of
individuals), (2) the obligation to protect (i.e. to protect
individuals from interference with their rights by others),
and (3) the obligation to fulfill (i.e. to provide the object of
theright,suchasadequatefoodorhousingetc.).
This well-known typology goes some way to responding to
objections of justiciability: an obligation to respect is
essentiallynegativeinnatureanddoesnotrequiretheuseof
State resources, an obligation to protect might require State
action (such as adopting legislation) but does not place
undue strain on State resources; it is only the obligation to
fulfill that raises the two obligations – costliness and positive
nature–mostacutely.

12. Another way of phrasing the Committee’s typology is in
terms of State roles rather than State obligations. In this way,
the obligations to respect, protect and fulfill suggest that the
State can play a negative role as perpetrator of a violation of
a right, and positive roles as enabler and a provider of the
subject of a right. A focus on the roles played by a State
emphasizes the implementation of rights. It also provides a
framework through which to analyse rights in a
disaggregatedway.
The notion of indivisibility of human rights and their
universality make it almost absurd to erect any artificial glass
wall between civil and political rights on one hand and the
ESCrightsontheother.Additionally,thisunnecessaryandill-
conceived debate creates an environment where in the
danger of diluting the significance and immediate nature of
the ESC rights looms large. The National Human Rights
Commission, Bangladesh (NHRC) deems its statutory
obligation to closely monitor and report back to the
government on the status of state compliance with
international human rights treaties and conventions at least
to the extent signed and ratified by Bangladesh. It is in this
connection that the NHRC has undertaken a project to
review the status of a number of international human rights
instruments ratified by Bangladesh. The first in this sequel
are compliance status reports on ICCPR, CAT, ICESCR,
CEDAW, Convention on the Rights of the Persons with
Disabilities (CRPD) and an Analysis of decisions on Arrest and
Detention and Women Rights, etc. On the basis of these

13. studies the NHRC would like to make concrete
recommendation to the government directed towards
improving the human rights situation in the country by way
ofimplementationofitsinternationalobligations.
It is quite significant that most of the civil and political rights
undertheICCPRhavebeenguaranteedintheConstitutionof
Bangladesh as fundamental rights. Bangladesh has also
acceded to the ICCPR in 2000. However, Bangladesh has
made some reservations and declarations to the ICCPR to
limittheapplicationofICCPR.
Similarly, Bangladesh has ratified ICESCR in 1998 along with
some other instruments in recognition of its constitutional
commitment to human rights. However, our review study
reveals that the country remains far behind in realization of
the rights and fulfillment of obligations under ICESCR.
Government is yet to undertake adequate legal framework
and necessary administrative measures for adequate
realization of ESC rights. Reservations made by Bangladesh
to some important provisions of the Covenant also have
severelylimiteditsimplementationatthedomesticlevel.
Identical problems of either making reservations to certain
fundamental provisions of other international Conventions
to which Bangladesh is a party or not signing the Optional
Protocol/s to many of these international human rights
instruments have cast some doubts about the otherwise
honest intention of the government to improve the human
rightssituationinthecountry.

14. It is believed that this series of review studies conducted by
the NHRC will reveal truths, both known and unknown,
about impediments to proper implementation of
international legal obligations with regard to human rights in
Bangladesh. These ‘truths’ will have real meaning only when
they are heeded to and concrete actions taken by all
stakeholders, primarily the Government, to rectify the
loopholes, remove the obstacles and create an enabling
atmosphere where the ‘dignity and worth’ of every
individualwillbeprotectedinallitsdimensions.
The NHRC will continue to play its expected role in this
direction.
Professor Dr. Mizanur Rahman Dhaka, January, 2013
Chairman
NationalHumanRightsCommission,Bangladesh

15. ACKNOWLEDGMENTS
I’m deeply grateful to my supervisor Ms. Mona M'Bikay Boin,
Project Manager, Bangladesh National Human Rights Commission
- Capacity Development Project, UNDP Bangladesh for her patient
guidance, enthusiastic encouragement and useful critiques of this
study.
I’m indebted to Barrister Lubna Yasin, National Expert (Research
and Policy Advice), Bangladesh National Human Rights
Commission-Capacity Development Project, UNDP Bangladesh,
forherhelpduringthisstudy.
I would like to express my very great appreciation to Professor Dr.
Mizanur Rahman, Chairman, National Human Rights Commission,
(NHRC), Bangladesh for his encouragement and valuable and
constructive suggestions during the finalization of the study
report.Hiswillingnesstogivehistimesogenerouslyhasbeenvery
much appreciated. I consider myself very fortunate to have had
the opportunity to work with him during the course of this study. I
also express my gratitude to the Members of the National Human
RightsCommission,Bangladeshfortheirsupport.
This study would not have been possible without the support of
many people. These include officials from different organizations
working for the disabled including CDD, CRP, CSID, NFOWD, SDSL
andmanyofmyfriendsandcolleagueswhoextendedcooperation
by providing relevant data and information. I thank them all for
sharing the literature and their invaluable assistance. Their
contributionisgratefullyacknowledged.

16. ACRONYMS AND ABBREVIATIONS
ADD Action on Disability and Development
AHC AD Hoc Committee
BLAST BangladeshLegalAidandServicesTrust
BNHRC BangladeshNationalHumanRightsCommission
BPKA BangladeshProtibondhiKollyanAin
CDD CentreforDisabilityinDevelopment
CSID CentreforServicesandInformationonDisability
CDP CapacityDevelopmentProject
CRP CentrefortheRehabilitationoftheParalysed
CRPD ConventionontheRightsofPersonswithDisabilities
CwD ChildrenwithDisabilities
DDCC DistrictDevelopmentCoordinationCommittee
DPO DisablePeoplesOrganization
DRR DisasterRiskReduction
EOC EmergencyOperationCentre
GOB GovernmentofBangladesh
HRD HumanResourceDevelopment
LGED LocalGovernmentEngineeringDepartment
LGI LocalGovernmentInstitutions
MGD MillenniumDevelopmentGoals
MoPME MinistryofPrimaryandMassEducation
MoSW MinistryofSocialWelfare
MoWCA MinistryofWomenandChildrenAffairs
NFOWD NationalForumofOrganizationsWorkingwiththeDisabled
NGO Non-GovernmentOrganization
NPA NationalPlanofAction
NSA NonStateActors
PEDP PrimaryEducationDevelopmentProgramme
PTI PrimaryTeachersTrainingInstitute
PwD PersonwithDisability
SDSL SocietyoftheDeafandSignLanguageUsers
SOD StandingOrderonDisaster
SWID SocietyfortheWelfareoftheIntellectuallyDisabled
UDCC UnionDevelopmentCoordinationCommittee
UNCRC UnitedNationsConventionontheRightsoftheChildren
UPEP UniversalPrimaryEducationProgram
UZDCC UpazilaDevelopmentCoordinationCommittee

17. EXECUTIVE SUMMARY 18
1. INTRODUCTION AND BACKGROUND 22
1.1 Introduction 22
1.2 Context Of The Study 22
1.3 Objectives And Scope Of The Study 24
1.4 Methodology 25
2. OVERVIEW 26
2.1 General Situation Of The Person With 26
Disabilities
2.2 Overview And General Contents Of The CRPD 31
2.3 Principles Of The CRPD 32
2.4 Effects Of Ratification And Compliance 33
With The CRPD
3. COMPLIANCE OF NATIONAL LAWS WITH THE CRPD 35
3.1 Constitution Of Bangladesh 36
3.2 National Laws And Policies 39
3.3 Monitoring Mechanism 67
3.4 Proposed Rights Of Persons With Disabilities 68
Law 2011 (draft)
TABLE OF CONTENTS

18. General Overview 68
Provisions Of The Proposed Rights Of Persons 73
With Disabilities Law 2011
4. IMPLEMENTATION OF THE CPRD 81
4.1 Oversight & Enforcement 83
4.2 CRPD Implementation Oversight 87
4.3 Involvement Of Civil Society 89
5. RECOMMENDATIONS 90
5.1 Recommendations Related To The Proposed 91
Rights Of Persons With Disabilities Law 2011
5.2 General Recommendations 97
I) Non Discrimination 97
Ii ) Right To Accessibility 99
Iii) Right To Live In The Community 101
Iv) Right To Health Care 101
V) Right To Education 103
Vi) Right To Life And Protection 106
Vii) Access To Justice 107
Viii) Enforcement And Monitoring 108
Mechanisms
6. Conclusion 111
7. Bibliography 113

19. 8. Annexes 118
Annex-1 Bangladesh Involvement In Crpd Process 118
Annex-2 Milestones Of The Disability 119
Movement In Bangladesh
Annex-3 Summary Of The Constitutional 122
Provisions
Annex-4 National Laws And Policies Linked With 127
Annex-5 National Laws And Policies And Their 129
Provisions
Annex-6 Convention On The Rights Of Persons 139
With Disabilities
Annex-7 Option Protocol To The Convention On 192
The Rights Of Persons With Disabilities

20. EXECUTIVE SUMMARY
Persons with disabilities are often excluded from the
mainstream of society, discriminated against and denied
their human rights. Bangladesh ratified the Convention on
the Rights of Persons with Disabilities (CRPD) and other
international treaties, standards and norms related to
disability. The purpose of the convention is to promote,
protect and ensure full and equal enjoyment of all human
rightsbypersonswithdisabilities.
Despite some progress in terms of legislation over the past
decade, such violations of the human rights of persons with
disabilities have not been systematically addressed. The
present study on the compliance of National Laws with the
Convention on the Rights of Persons with Disabilities has
been conducted based on secondary research and has
comparative analysis on key areas of human rights treaties,
with special focus on the Convention on the Rights of
Persons with Disabilities (CRPD) and related national laws
and other policy instruments. It involves a review of the
existing policy documents, related laws and proposed laws,
which are the main sources of information. In 50 articles, the
CRPD clearly articulates what existing human rights mean
within a disability context and establishes reporting and
monitoringproceduresforStatesParties.
18

21. CompliancewithNationallaws
Bangladesh has legislation, a national policy and other
guiding papers on disability issues, though these are not
efficiently implemented. Alongside the Ministry of Social
Welfare, the Department of Social Services, the Foundation
for the development of the persons with disabilities,
hundreds of non-government development agencies are
now working on disability issues and their inclusion in
mainstream development. Some laws have contradictory
provisions.
Successive governments of Bangladesh have made a
significant effort and formulated laws and policies of
different social protection issues including disabilities, to
improve the quality of the lives of persons with disabilities
and those mostly originate from the concept of charity-
based activities As a result, the people’s mind-set towards
services for disabled persons means that services are
considered as welfare activities.Bangladesh adopted the UN
Standard Rules on the Equalization of Opportunities for
persons with disabilities in 1993. In 1995 the National Policy
for the Disabled was approved by Government. As a State
Party, the government is gradually formulating new laws and
policies and amending existing laws to respond to the rights
ofthedisabledperson,bycreatingnewprovisions.
The government seeks to address issues of disability with
specific programmes of action. As a result of government
action, new policies and laws have been developed and old
19

22. laws and policies are being amended. Policies such as the
National Children’s Policy, 2011, and the National Women’s
Development Policy, 2011, have special sections for persons
with disabilities, including children, which translate the
commitment of the government into action in line with the
provisions of CRPD. Though the constitution has provision
for not discriminating based on disability, there is no
specialized law in place to protect individuals with
disabilities. The existing laws and policies in Bangladesh
relating to the rights of persons with disabilities do not
adequately protect the right to equality of, and non-
discrimination against, persons with disabilities in regard to
employment.
Disabled people in Bangladesh face immense difficulties in
accessing services, facilities and opportunities. Services and
an adequate standard of living are necessary for persons
with disabilities to live in a family or community setting
outside of an institution. The poor person with disabilities is
getting government support under the safety net program.
The government allows Persons with Disabilities to get
governmentservices,andthereisalsoaquotasystemforthe
Person with Disabilities. Persons with disabilities remain a
high-riskgroupwhenitcomestonaturaldisasters.
There is a lack of early identification, early intervention
services,community-basedrehabilitationandqualityhealth
care services for children and adults with disabilities in their
local communities. Many children with disabilities do not
20

23. receive health care or rehabilitative services at all. Lack of
trained teachers, lack of barrier free infrastructure, lack of
education materials and a very limited number of
educational institutions means that the state faces severe
difficulties in upholding the rights of persons with
disabilities.NGOsarenowimplementingvariousactivitiesto
upholdtherightsofchildrenwithdisabilities.
ProposedRightsofPersonswithDisabilitiesLaw2011(draft)
The Rights of Persons with Disabilities Law 2011 (draft) was
drafted recently. The proposed Rights of Persons with
Disabilities Law 2011 (draft) is more focused on the rights of
the person with disabilities and complies with the spirit of
the CRPD. The proposed law will ensure the best interest of
the person with disabilities and their best interest will not be
hampered due to any provisions of the proposed law. The
Government should pass the proposed draft of the Rights of
Persons with Disabilities Law 2011 (draft) without further
delay.
21

24. 1. Introduction and Background
1.1 Introduction
1.2 Context of the Study
This is a report of a study on the compliance of National Laws
with the Convention on the Rights of Persons with
Disabilities (CRPD) and other international treaties,
standards and norms related to disability. This study has
been conducted based on secondary research and has
comparative analysis on key areas of human rights treaties
with special focus on the Convention on the Rights of
Persons with Disabilities (CRPD) and related national laws
andotherpolicyinstruments.
Persons with disabilities are often excluded from the
mainstream of society, discriminated against and denied
their human rights. Discrimination against persons with
disabilitiestakesvariousforms.Theeffectofdisability-based
discrimination varies in different contexts, but it exists
everywhere, for example in education, employment, health,
housing, transport, cultural life and access to public places
and services. This may result from distinction, exclusion,
restriction or preference, or denial of reasonable
accommodation on the basis of disablement, which
effectively nullifies or impairs the recognition, enjoyment or
exerciseoftherightsofpersonswithdisabilities.
22

25. Despite some progress in terms of legislation over the past
decade, such violations of the human rights of persons with
disabilities have not been systematically addressed. Most
disability legislation and policies are based on the
assumption that persons with disabilities simply are not able
to exercise the same rights as non- disabled persons.
Legislationatcountrylevelisfundamentalandasafeguardin
promoting the rights of persons with disabilities. So, based
on need, more comprehensive legislation is required to
ensure the rights of disabled persons in all aspects - political,
civil, economic, social and cultural rights- on an equal basis
withpersonswithoutdisabilities.
On 13th December 2006, the UN General Assembly
unanimously adopted the Convention on the Rights of
Persons with Disabilities (CRPD), which then entered into
force on 3rd May 2008. Being one of the pioneering
countriesto ratifytheConvention,Bangladeshisnowpledge
bound to implement the human rights treaty in its entirety,
which will gradually pave the way for ensuring the rights of
personswithdisabilitiesinthiscountry.
The Government has drafted the Rights of Persons with
Disabilities Law 2011 (draft) which proposed various
provisions to ensure the rights of disabled persons. The
Bangladesh National Human Rights Commission Capacity
Development Project (BNHRC-CDP) plans to assist the
National Human Rights commission, (NHRC), Bangladesh to
conduct high quality human rights based analysis and
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
23

26. research, to advise the Government of Bangladesh for a
better compliance level in light of the provisions of the
Convention on the Rights of Persons with Disabilities(CRPD).
The findings and analysis of the study will assist the NHRC to
provide advice to the Government and the Parliament on
human rights matters and assist them in taking appropriate
measures to improve the human rights situation through
ratification, domestication and review of national laws
includinginstitutionalreforms.
Objectives
The Key Objective of the assignment is to conduct a study
based on secondary research and have comparative analysis
on key areas of human rights treaties with special focus on
the Convention on the Rights of Persons with Disabilities
(CRPD) and related national laws and other policy
instruments.
Scope of work
Identifyconsistenciesorinconsistencies/gapbetween
the international human rights treaty, standards
provisions and related national laws, policies and
practices.
Prepare recommendations on the means to
harmonize national laws considering the requirement
or commitment towards international standards.
Suggest effective procedure for incorporating the
1.3 Objectives and Scope of the Study
!
!
24

27. provisionsoftheinternationallawsintonationallaws.
Prepare recommendations suggesting necessary
legislative and judicial reform and institutional
changes required to be in conformity with
internationalstandards.
Deliverables
1. An analytical report identifying gaps between the
Convention on the Rights of Persons with Disabilities
(CRPD) signed and ratified by Bangladesh and related
nationallaws,policiesandpractices.
2. A set of recommendations in consultation with the
NHRC and BNHRC-CD Project suggesting necessary
policy, legislative reforms and institutional changes
necessarytoapplyrequiredinternationalstandards.
3. A presentation and summary note for further
dissemination among relevant ministry, policy makers,
donorsandCSOs.
Legislation at country level is fundamental in promoting the
rights of persons with disabilities. While the importance and
increasingrole of internationallaw in promotingthe rights of
persons with disabilities is recognized by the international
community, domestic legislation remains one of the most
effective means of facilitating social change and improving
theconditionofdisabledpersons.Sothisstudywillmainlybe
based on secondary research and have comparative analysis
!
1.4 Methodology
25
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

28. on key areas of human rights treaties with the UNCRPD and
related national laws and other policy instruments. A review
of the existing policy documents, related laws and proposed
lawsarethemainsourcesofinformation.
Implementation of the laws and policies largely depend on
the organizations that are involved in enforcement of the
laws and policy decisions. So the views of the implementing
agencies both government and non-government
organization are equally important. In the review process
their reports and other documents were also reviewed and
they were consulted for further clarification. Based on the
reviewthisreporthasbeenprepared.
2. Overview
2.1 General situation of the person with disabilities
26
Definition of disability "Disability is an umbrella term, covering
impairments, activity limitations, and participation restrictions.
Impairmentisaprobleminbodyfunctionorstructure;anactivity
limitation is a difficulty encounteredby an individualin executing
a task or action; while a participation restriction is a problem
experienced by an individual in involvement in life situations.
Thus disability is a complex phenomenon, reflecting an
interaction between features of a person’s body and features of
1
thesocietyinwhichheorshelives .
1
TheWorldHealthOrganization

29. Definition of disability
The International Classification of Impairments, Disabilities
and Handicaps (ICIDH), provides a conceptual framework for
disability which is described in three dimensions -
impairment,disabilityandhandicap:
Impairment: In the context of health experience,
impairmentisanylossorabnormalityofpsychological,
physiological or anatomical structure or function.
Impairment is considered to occur at the level of organ
or system function. Disability is concerned with
functionalperformanceoractivity,affectingthewhole
person.
Disability: In the context of health experience, a
disability is 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
humanbeing.
Handicap: In the context of health experience, a
handicap is a disadvantage for a given individual,
resulting from an impairment or a disability, that limits
or prevents the fulfillment of a role that is normal
(depending on age,sex,and socialand culturalfactors)
forthatindividual.
The third dimension: 'handicap' - focuses on the
person as a social being and reflects the interaction
with and adaptation to the person's surroundings. The
classification system for ‘handicap’ is not hierarchical,
!
!
!
!
27
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

30. but is constructed of a group of dimensions, with each
dimension having an associated scaling factor to
indicateimpactontheindividual'slife.
The proposed Rights of Persons with Disabilities Law 2011
(draft) identified Autism, Locomotors Disability, Mental
illness, Visual Disability, Speech Disability, Intellectual
Disability, Hearing disability, Deaf blindness, Cerebral Palsy,
2
MultipleDisability,Otherdisabilityasthetypesofdisabilities .
In Bangladesh, there is no reliable national data. Anecdotal
informationandanumberofmicrostudiesgenerallysuggest
a disability prevalence rate of between 5 to 12 per cent.
Roughly 10% of the total population of Bangladesh is
disabled (14.2319 million). 70% of the disabled population is
totally illiterate. 14% of the population owning less than 0-1
acre of land (functionally landless) is disabled. Absolute
annual growth of disabled population in Bangladesh is
approximately 250,000, of which half a million are multi-
handicapped, including 3 million children. The total figure of
disability is increasing with population growth and ageing.
Disability on this scale represents not only a major health
issue but also a prime cause of poverty and
3
underdevelopment . This is close to the WHO estimate,
which states that 10 per cent of any given population can be
consideredtohavesomeformofdisability.
28
2
ProposedRightsofPersonwithDisabilitiesLaw2011
3
Md Mamunur Rashid, Disable People Achieves Millennium Development
Goals: Bangladesh Perspectives, Proceedings of the Twenty-first Indian
EngineeringCongress,December22-24,2006,Guwahati,Assam,India

31. According to preliminary results of the census of 2011 there
are 9.07 percent of the country's 142.3 million people
4
suffering from some form of disability in Bangladesh . No
comprehensive empirical study has been conducted to
determine the incidence and prevalence of disabilities in
Bangladesh and the areas of deprivation of persons with
disabilities. The few studies that have been conducted
reflect a medical rather than a social model of disability and
5
theyarealsolimitedingeographicalcoverage .
Poverty and marginalization characterize the situation of the
majorityofpersonswithdisabilitiesintheAsia–Pacificregion.
ESCAP considers them to be "among the poorest of the poor
and the most marginalized in the society." Living mostly in the
rural areas, they have difficulty accessing whatever facilities
are available for them because these facilities are usually
located in the cities. They generally have limited access to
education, employment, housing, transportation, health
services and recreation, leading to low economic and social
exclusion. The International Labour Organization (ILO) states
that the unemployment rate among persons with disabilities
is usually double that of the general population and often as
high as 80 per cent. They frequently face various barriers such
as negative attitudes of employers, lack of accessible facilities,
andlackofvocationalandtechnicaltraining.
29
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
4
DisabilityNewsAsia,February2012,http://www.bdnews24.com
5
Disability in Bangladesh, A Situation of Analysis, The Danish Bilharziasis
Laboratory of the World Bank, Peoples Republic of Bangladesh, Final Report
May2004

32. Persons with disability are the most vulnerable and
disadvantageous section of society in Bangladesh and often
they face discrimination, negative attitudes and also
experience abuse/neglect at home, in institutions and in
society. The State does not have statistics about the number
of persons with disabilities and no public census has ever
been carried out in this regard. Due to lack of information,
planners also face problems at the time of designing
programs and allocating budgets for the programs that will
support the person with disabilities. The estimated number
of persons with disabilities is around 10% of the total
6
population of Bangladesh of whom the majority are poor.
Theyareoftenkeptoutofmainstreamactivitiesanddeprived
from accessing government services like health care,
housing,education,employmentandotheropportunities.
Women with disabilities face significantly more difficulties -
in both public and private spheres - in attaining access to
adequatehousing,health,education,vocationaltrainingand
employment, and are more likely to be institutionalized.
They also experience inequality in hiring, promotion rates
and pay for equal work, access to training and rarely
participate in economic decision-making. Promoting gender
equality and empowerment of women is essential to the
achievement of the internationally agreed development
goals,includingtheMillenniumDevelopmentGoals.Women
30
6
Disability in Bangladesh, A Situation of Analysis, The Danish Bilharziasis
Laboratory of the World Bank, Peoples Republic of Bangladesh, Final Report
May2004

33. and girls with disabilities experience double discrimination,
which places them at higher risk of gender-based violence,
sexualabuse,neglect,maltreatmentandexploitation.
The Convention for the Rights of Persons with Disabilities
(CRPD) was drafted and negotiated between 2002– 2006.
The CRPD was adopted by the United Nations on December
13, 2006 and it entered into force on May 4, 2008. The
UNCRPD has gained rapid recognition around the world. 119
countries have ratified the Convention, 153 have signed the
CRPDand72haveratifieditsOptionalProtocol.
The Convention is not just a paper ‘declaration’. The CRPD
spells out clearly and unconditionally that persons with
disabilities have equal access and a right to full and effective
enjoyment of all human rights, the removal of barriers
explicitly termed as a condition for access and the
enjoyment of equality. In 50 articles, the CRPD clearly
articulates what existing human rights mean within a
disability context and establishes reporting and monitoring
proceduresforStatesParties.
The CRPD recognizes that states have the right to
“progressive realization” of rights over time. International
human rights law, however, requires that States Parties
adopt policies immediately that will set a country on the
path toward full realization of those rights. The CRPD also
requires governments not just to change laws, policies and
2.2 Overview and General Contents of the CRPD
31
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

34. practices, but also to fully enforce them. So it requires
government commitment and effort to take action to
remove barriers and give disabled persons real freedom,
dignityandequality.
The CRPD has an Optional Protocol (OP) which provides for a
complaints mechanism. The OP allows groups and
individuals, after having exhausted all national resources, to
have the Committee on the Rights of Persons with
Disabilities consider a claim that a State Party has violated
theprovisionsintheCRPD.
The CRPD promotes dignity, equality, and non-
discrimination, which are the cornerstones of this
international human rights treaty. Specifically, the
convention establishes that “Discrimination against any
person on the basis of disability is a violation of the inherent
dignity and worth of the human person.” In order to prevent
such discrimination, State Parties must not only provide
“effective legal protection,” but they must also adapt society
through the provision of “reasonable accommodations” to
ensure that individuals with disabilities can fully exercise
these rights. A core principle of the CRPD is that reasonable
accommodations are needed to ensure “full and effective
participation in society” for all people. Article 19 of the CRPD
establishes the right of persons with disabilities to live in the
communitywithchoicesequaltoothers.
2.3 Principles of the CRPD
32

35. The purpose of the convention is to promote, protect and
ensure the full and equal enjoyment of all human rights by
persons with disabilities. It covers a number of key areas
such as accessibility, personal mobility, health, education,
employment, habilitation and rehabilitation, participation in
political life, and equality and non-discrimination. The
convention marks a shift in thinking about disability from a
social welfare concern, to a human rights issue, which
acknowledges that societal barriers and prejudices are
themselvesdisabling.
Signing the convention is the first step toward ratification,
and it entails a political commitment not to act contrary to
the “object and purpose” of the convention. After
ratification of the convention it is the State’s responsibility to
review national laws and policies for compliance with Article
4oftheCRPD.
Obligations of government: When the government has
ratified the Convention it commits to taking practical action
tomakerightsreal.Itshould:
take steps so that disabled people can enjoy all their
rights – for example making sure that disabled people
have full protection against all forms of discrimination
– including taking action against failure to make
reasonableadjustments
2.4 Effects of Ratification and Compliance with the CRPD
!
33
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

36. !
!
!
!
look at existing laws and say what changes need to be
made, abolish laws and practices that discriminate
against disabled people, pass new laws and make new
policieswherenecessary
take account of disabled people’s human rights in
everything it does (people often call this
‘mainstreaming’ thinking at the beginning of a process
about making sure that disabled people are not
excluded)
avoid doing anything that infringes disabled people’s
Conventionrights
promote accessibility including the development of
standardstoensureinternationaldevelopment
Bangladesh Signed the CRPD on 09 May 2007 and ratified it
on 30 November 2007, which shows the commitment of the
government. Upon ratifying the CRPD, Bangladesh not only
has an obligation to stop discriminating against persons with
disabilities, but also an affirmative obligation to provide the
services necessary for persons with disabilities to engage in
societyonanequalbasisasthosewithoutdisabilities.
Bangladesh’s Involvement in the CRPD Process is given in
Annex-1.
The Bangladesh Government has been involved in different
stages of disability related actions. Milestones of the
DisabilityMovementinBangladesharegiveninAnnex-2.
34

37. 3. Compliance of National Laws with the
CRPD
The obligation to prohibit all kinds of discrimination on the
basis of disability and to guarantee equal and effective
protection to persons with disabilities (Article 5 of the CRPD)
requires that the prohibition be included in national laws
and, preferably, also in national constitutions, and that
detailed legislative provisions covering discrimination in all
fieldsofpublicandprivatelifebeadopted.
So compliance of the CRPD can be analyzed in two ways.
Thesearestrategicareasandoperationalarrangements.
The Bangladesh government was involved in different
7
processes and initiatives for adaptation of different laws
and policies to support and uphold the rights of persons with
disabilities. Bangladesh has significant achievement in
strategic areas to address the needs of the person with
disabilities but it has structural weakness in implementation
ofmanypolicydecisions.
Bangladesh has several laws and policies to safeguard
the interest of the person with disabilities. Many are
individual laws dealing with different forms of
discrimination, such as those based on sex, religion, or
covering discrimination in specific areas, such as in
education,employment.
!
35
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
7
State of the Rights of Persons with Disabilities In Bangladesh 2009 by Disability
RightsWatchGroupBangladesh

38. These laws are not efficiently implemented and
provisions are not filtered down to the beneficiaries’
level. The Ministry of Social Welfare, Department of
Social Services, Foundation for the Development of
Persons with Disabilities are working; other Ministries
are supporting in implementation of the laws and
provisions and hundreds of non-government
development agencies are now working on disability
issuesandtheirinclusioninmainstreamdevelopment.
But still, development in the situation of persons with
disabilities in the country has been one of the
8
neglected areas . No empirical study has been
conducted till now to determine the incidence and
prevalence of disabilities in Bangladesh and the areas
ofdeprivationofpersonswithdisabilities.
The Constitution of Bangladesh lays down certain
fundamental rights that universally apply to all citizens
irrespective of religion, race, caste, sex, or place of birth and
it has a number of relevant human rights provisions
reflecting this significant principle of equality and non-
discrimination. The Constitution has numerous provisions
that obligate the government to protect the rights and
dignity of all citizens of the country equally and without any
bias whatsoever. It also allows room for additional and/or
!
3.1 Constitution of Bangladesh
36
8
Bangladesh Country Paper (1) Rights of the people with disabilities, A position
paperofNationalForumofOrganizationWorkingfortheDisabled(NFOWD)

39. supplementary provisions that will ensure that citizens who
do not have access to all the public amenities are able to
obtain such services. But Ignorance and wrong beliefs
surrounding disability, compounded with a negative and
derogatory attitude of the community (including family
members) have contributed to the marginal development in
thedisabilitysectorinBangladesh.
In many articles set in the Constitution of Bangladesh,
especiallyArticles15,17,19,20,27,28,29,31,32,36etc.the
Government of Bangladesh promises to protect the rights &
dignity of all citizens of Bangladesh, equally, and without any
discrimination.
Summaryoftheconstitutionalprovisionsaregivenbelow:
"All citizens are equal before the law and are entitled
to equal protection by the law;" however, in practice
the Government did not strongly enforce laws aimed
ateliminatingdiscrimination.
Though the Constitution has no specific provision for
safeguarding or protecting the rights of the disabled
person, this has given the government ample
opportunities to develop a set of legislative & policy
frameworks for the development of persons with
disabilitiesinthecountry.
The Constitution provides room to adopt additional
and/ or supplementary provisions to ensure that the
citizens, who do not have access to all the public
!
!
!
37
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

40. amenities, also can be equitably & proactively
developedtowardsthatend.
There are significant gaps in the protection of the
rights of the marginalized groups and persons with
disabilities according to the constitutional provisions
andotherpolicesofthegovernment.
Constitutional provisions to protect persons with disabilities
aregivenatAnnex3
According to the key principle of the CRPD, disabled people
have the right to choose how to live their own lives and
freedomtomaketheirownchoices.
The Constitution states "All citizens are equal before the law
and are entitled to equal protection by the law;” However, in
practice, the Government did not strongly enforce laws
aimed at eliminating discrimination. Women, children,
minority groups, and persons with disabilitiesoften confront
social and economic disadvantages. According to Human
Rights Watch, considerable official and societal
discrimination exists against those who provided HIV
prevention services, and against high-risk groups likely to
spreadHIV/AIDS.
The Constitution has no specific provision for safeguarding
orprotectingtherightsofdisabledpersons.TheConstitution
provides room to adopt additional and/ or supplementary
provisions to ensure that the citizens, who do not have
access to all the public amenities, also can be equitably &
!
38

41. proactively developed towards that end. This has given the
government ample opportunities to develop a set of
legislative & policy frameworks for the development of
persons with disabilities in the country. But there are
significant gaps in the protection of the rights of
marginalized groups and persons with disabilities, according
to the constitutional provisions and other polices of the
government.
In Bangladesh, persons with disabilities constitute around
10% of the total population. Bangladesh has made a
significant effort and formulated laws and policies of
different social protection issues including disabilities to
improve the quality of the lives of Persons with Disabilities
and those mostly originated from the concept of charity-
basedactivities.
Disabled people face severe problems that make them
marginalized and vulnerable to all forms of repression. They
face environmental and attitudinal barriers while trying to
enjoyorexercisehuman rightsandfundamentalrightsinthe
political, economic, social, cultural, civil or any other field on
an equal basis with citizens of the country. Their mobility is
not restricted by any law, but the infrastructure and facilities
areinadequate,andattitudesofpeoplearenotresponsivein
many cases, and this makes the life of disabled persons
difficult. So most of the time their mobility is restricted and
theyareconfinedtotheirhomes.
3.2 National Laws and policies
39
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

42. As a result the people’s mindset towards services for
disabled persons leads them to consider these services as
welfare activities. We claim that education is a right for any
person. Responsibility for the education of disabled children
is vested in the Ministry of Social Welfare. Health services for
disabled people come from the budget of the Social Welfare
Ministry. Surveys for Identification of disabled persons are
not included in the charter of the Department of Statistics,
and they are undertaken by the Department of Social
Services. Bangladesh adopted the UN Standard Rules on the
Equalization of Opportunities for persons with disabilities in
1993. In 1995 the National Policy for the Disabled was
approved by the Government. Bangladesh signed the CRPD
on 30 November 2007 and ratified it on 3 May 2008.
Bangladesh put increased impetus into its efforts and
initiatives to improve the situation of the person with
disabilities.
9 10
There are comprehensive laws and policies in Bangladesh
which directly cover the issues of disabilities and provisions
related to non-discrimination, best interest, equal
treatment, service provision etc for the person with
disabilities and these are spread across various different
lawsandpolicieswhichpredatetheCRPD.
A list of laws and polices related to the issue of disability are
giveninAnnex4
40
9
BangladeshPersonswithDisabilityWelfareAct2001
10
NationalPolicyconcerningdisabledpersons,1995

43. Compliance with the Related Laws
To address the issues of disability Bangladesh has adopted
11
specific programs of action . The programs also include
health and welfarecomponents,education,and occupational
skill development and computer facilities. As a result of the
action, new policies and laws have been developed and old
laws and policies are being amended. All of those are aiming
toreducevulnerability,protectandpromoterightsandcreate
a conducive environment. Policies such as the National
Children Policy, 2011, and the National Women Development
Policy, 2011 have special sections for persons with disabilities
including children, which translate the commitment of the
State into action in line with the provisions of the CRPD.
Despite all efforts, the situation of persons with disabilities
hasimprovedbutsignificantchangeshaveyettobeachieved.
Discrimination based on Disability
Rights of persons with disabilities is one of the most
misunderstood areas of the development arena in
Bangladesh, and also one of the most common forgotten
items on the development agenda. Persons with Disabilities
are generally neglected and victims of discrimination in their
ownfamily,communityandsociety.Parentsalsodiscriminate
against their own children, based on disability. The standard
of living of most persons with disabilities is not good enough
comparedtoothers,duetonegligenceanddiscrimination.
41
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
11
Virtual resource centre on disabilities (2), Friday April 9, 2010,
http://vrcdinfo.blogspot.com/2010/04/bangladesh-moving-to-disability-

44. In Bangladesh, there is no comprehensive, general anti-
discrimination law covering multiple grounds of prohibited
discrimination, but it has individual laws dealing with
different forms of discrimination, such as those based on sex
and religion, or covering discrimination in specific areas,
such as in education and employment. Some laws have
contradictoryprovisions.
The present government has started a campaign to reduce
discrimination and has taken steps to revise laws, acts, rules
and policies following the CRPD. The Government did not
strongly enforce laws aimed at eliminating discrimination,
andpersonswithdisabilitiesareoftenconfrontedwithsocial
andeconomicdisadvantages.
Accessibility
"Everyone has the right of equal access to public service in his
12
country" . Despite this, disabled people in Bangladesh face
immense difficulties in accessing services, facilities and
opportunities.Thereareanumberofreasonsbehindthepoor
level of accessibility in Bangladesh. However, probably the
root of the problem is lack of awareness of disability and the
needsofdisabledpeople.Thisresultsindisabledpeoplebeing
marginalized and excluded frommainstreamsociety.Theyare
rarely consulted or considered when planning infrastructure
orservices.Withoutunderstandingofdisabilityandtheneeds
of disabled people, the situation cannot radically improve - to
42
12
Article 21 (2) of the Universal Declaration of Human Rights, which was adopted
bytheUNGeneralAssemblyin1948,

45. 13
solve a problem it first needs to be understood. Accessibility
is often seen only in terms of physical infrastructure. One of
the major reasons for persons with disabilities not enjoying
their rights and entitlements is the general inaccessibility of
infrastructure. It is obvious that many disabled people are not
abletoenterbuildings,crossbusyroads,getonoroffbusesor
trains or use public facilities. Thus, one can say that disabled
people are denied access to transport and freedom of
movement. However, the problem extends beyond that
which is immediately apparent. If a disabled person cannot
travel to or enter a health complex he or she is also denied
healthcare. If the same applies to educational institutions he
or she is denied access to an education. If the same applies to
aworkplaceheorsheisdeniedaccesstoasourceofincome.
Recently, after signing the CRPD, the government ordered
the making of ramps in government office buildings and
educational institutions. Each governmental and non-
governmental building shall have the provision for universal
14
accessibility including disabled persons provided that; in
residential buildings such provision for accessibility shall be
at least 5 percent in its entire part. Universal accessibility
including disabled persons must be ensured in buildings for
'public use' (e.g. commercial buildings, shopping complex,
health care centres, educational institutions etc.) over an
areaof100squaremeters.
43
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
13
One of the major reasons for Person with disabilities not enjoying their rights
andentitlementsarethegeneralinaccessibilityofinfrastructure.
14
IdatSchedule-1

46. 15
There is minimum standard for easy accessibility of
disabled persons in buildings. This standard is set up for easy
access through specific provision for entry or exit, ramp or
handrail, lift, parking spaces, washroom and toilet. This
schedule specifically declares that, there will be no revolving
turnstile in the entry; there shall be enough space for the
movement of a wheelchair in the footpath, corridor or other
walkway; there shall be provisionfor ramps and handrails for
accessibility of disabled persons; if it is not possible to
provide a lift or ramp, and there is provision for exit ramp
14
withguardorhandrail.
Other provisions are: “All infrastructure, opportunities
and services are being accessible to ensure non-
discrimination (against) any disabled women to get
their rights, opportunity and services under women
15
developmentpolicyfortheirdisability ”.
“For all types of disabled child it will be ensured in the
schools as following need, such as, ensure use of toilet,
16
mobilityandotherfacilities ”.
But in reality the general perception of accessibility to the
common person is centered on the accessibility of a
wheelchair using person and that is principally confined only
to the external entrance of a building. People generally
44
14
IdatSchedule-1
15
IdatSchedule-1
16
National Education Policy 2010, sub section in the Chapter-2 for Disabled
Children(clause21)

47. perceive that, if there is a ramp at the external entrance of a
building, it covers accessibility for all. While this is a major
step in the right direction, a ramp is not the only solution.
There are plenty of buildings that have been fitted with a
ramp, but do not have an accessible toilet for a person using
a wheelchair. A toilet might have enough space, but not wide
enough doors. Or it might not have handrails for the person
toshiftfromawheelchairtotheseat,andviceversa.
Again, the surface of the ramp is important. It might look
good with a glossy tiled finish, but that would be extremely
difficult for a wheelchair user, because the wheels will not
grip the surface, and could cause an accident. Similarly,
glossy floor tiles would be extremely difficult for a person
usingcrutchestowalkon.
A building with good accessibility features may not be
adequately accessible for persons with visual impairments.
An auditorium with poor acoustics would be a disturbing
placeforsuchpeople.
BangladeshhasaRighttoInformationActinplacenow,butif
information is not provided in accessible formats, such as
Braille, large print, and/ or electronic formats, it means little
to persons with visual impairments. For those who have
access to and skills for ICT, electronic copies in Bangla is a
hindrance, as there are still no screen reading software that
can read documents in Bangla. Even in English, most screen
readerscannotyetreadPDFdocuments.
45
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

48. Persons with hearing and speech disabilities cannot
generally communicate as most establishments do not have
sign interpreters, or people who can understand or
communicate using signs. Most sign users also do not have
training on formal sign languages, and so still communicate
using indigenous signs. Children with visual and auditory
impairments are not able to access school curriculum or
other information because it is not in Braille, large font, or
closed captions. Teachers trained in sign language are not
availableinthemainstreamschools.Asaresult,personswho
are non-verbal and need supported communication are not
able to communicate and this will contribute to the violation
of their rights to express an opinion and communicate with
others, including all service providers. This is also a barrier
foraccesstojusticeforallpeople.
In public transport, there are provisions of reserved seats for
children, women and persons with disabilities and transport
staff is aware of reservations. However, the entrance to the
busortrainisquitedifficultforthePersonwithDisabilities.
Bangladesh Television (BTV) transmits one news bulletin in
Sign language and this is relayed by other television
channels.
Even if a building is designed to enable a disabled person to
enter, his or her mobility may still be restricted. Light
switches may be out of reach, sinks and mirrors too high, lifts
and ramps unavailable or doorways too narrow to pass
through.
46

49. Additionally, even if a disabled person is educated, healthy
and qualified to do a job, the prevailing attitudes to disability
will often prevent him or her being considered for that post.
The same can be said of training and financial or credit
opportunities.
Accessibility in all its forms remains a matter of equal rights
and opportunities. So attitudes of the people are an
important factor in ensuring the rights of the person with
disabilities. For many decades, people have considered that
doing something for disabled persons is part of welfare
work. Most people, including planners and policy makers, do
not think they have responsibilities and obligations as duty
bearers to make provisions that create accessibility in all its
forms to ensure equal rights and opportunities for the
personwithdisabilities.
Lack of accessibility for persons with disabilities in
Bangladesh particularly creates barriers to health care,
education, recreation, culture, sports and other activities
essential for development and participation. So these are
not fully compliant with the provisions of the CRPD. This
situationcouldbeimprovedwithincreasedawarenessofthe
citizen along with improved service delivery and effective
monitoringmechanism,toremoveallbarriers.
Rights to Employment and Adequate Standard of Living
Servicesandanadequatestandardoflivingarenecessaryfor
persons with disabilities to live in a family or community
setting outside of an institution. Without services and an
47
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

50. adequate standard of living, their rights will not be realized.
As such, the CRPD states that State Parties must ensure that
“persons with disabilities have access to a range of in-home,
residential and other community support for living and
inclusion in the community, and to prevent isolation or
segregationfromthecommunity.”
The poor person with disabilities is getting government
support under the safety net program. The Government
allows persons with disabilities to access government
services, and there is also a quota system for the Person with
Disabilities. But there is a gap in the policy for the PWD
government service holder for using assistive devices in the
workplace. Most of their colleagues are not aware of the use
ofassistivedevices.
In the private sector, persons with disabilities are not
appreciated, rather they are discriminated against. They can
access services in the private sector only for family
relationships, but some NGOs who work with persons with
disabilities are encouraged to employ disabled persons.
Most persons with disabilities are self- employed, where
they earn a poor amount which does not provide an
adequatestandardofliving.
17
A study, conducted in 2002 by an NGO, on disabled persons
who had found at least some form of employment or self-
48
17
Employment Situation of People with Disabilities in Bangladesh, Center for
Services&InformationonDisability(CSID),December2002

51. income- generation scheme, found that only 5% of the
respondents were in government jobs, 17% in NGOs and 66%
were self- employed. Only 22% had been able to find some
source of credit (or micro-credit) support. Amongst all the
respondents, 68% were not at all capable of saving any of
their respective income, as all the income needed to be spent
ontheirdailyneeds.Inmostcases,whenaninstitutionhiresa
person with disabilities for the first time, it becomes
necessary to make some adaptations in the working
environment to better accommodate the new staff with a
disability. Unfortunately, in 94% of cases, such change never
took place. In most cases, the respondents did not get a job in
line with their education and/or expertise. 70% of the
respondents were not satisfied with their jobs, but they did
not want to change jobs fearing that the same situations
would prevail also in the new workplace. So they preferred to
stayonandaddontotheirseniority,ratherthantakeachance
18
for possible better employment conditions. Survey findings
are presented here to understand the status of Persons with
Disabilitiesinemploymentand/orself-employment.
Employment and/ or self- income generation activities are
essential towards economic self-reliance of persons with
disabilities. Where the mere access to education is a huge
obstacle, even though the National Constitution
categorically prohibits discrimination in employment in any
49
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
18
State of the Rights of Persons with Disabilities In Bangladesh 2009 by Disability
RightsWatchGroupBangladesh(page-38and39)

52. 19
form , employment of persons with disabilities in
Bangladeshhasbeenafarfetcheddream.
By an Executive Order, 10 per cent of the jobs for third and
fourth class of Government services have been reserved for
persons with disabilities. However, the Recruitment Rules of
the Government of Bangladesh states that a candidate may
20
be recruited for a post if he/she is certified as medically fit .
On these grounds, qualified candidates with disabilities have
been not considered until now for employment in the
Governmentandinotherstatutorybodies.
In 2003, the erstwhile Prime Minister of Bangladesh, while
inaugurating a GOB supported rehabilitation center for
persons with disabilities, declared a 1% quota in all cadre
servicejobs. The Ministry of Establishment, with the support
of the Ministry of Social Welfare, has been working since
2004 to develop a policy for establishing and implementing
this new quota. A sub- committee constituted by the
Government under the Establishment Division and also
including the Department of Social Services is also trying to
assess the employment market & identify a suitable list of
jobs for employment of persons with disabilities depending
onthedifferenttypes&gradesofdisability.
50
19
The Constitution of the People’s Republic of Bangladesh, in Article 29(2) states:
“No citizen shall, on grounds only of religion, race, caste, sex or place of birth,
be ineligible for, or discriminated against in respect of, any employment or
officeintheserviceoftheRepublic.”
20
(BidhiBaddha Pratisthan shomuhe chakurir jonno adarsha probidhanmala),
chapter2,clause3,section3,subsectionA(ka)

53. Article 29(3) of the Constitution: “Nothing in this article shall
prevent the State from - (a) making special provision in favor
of any backward section of citizens for the purpose of
securing their adequate representation in the service of the
Republic;” But due to a lack of sensitization of employers
about the potentialities of disabled persons, contradictory
employment policies, loopholes in the system and a lack of
proper monitoring, the declared quota for persons with
disabilitieshasneverbeenimplementedproperly.
The Bangladesh Labor Law, 2006 has discriminatory
legislative provisions regarding Employment and
termination of contract. Labor Law increases the
compensation available to workers who acquire disabilities
and also establishes specific means by which they can claim
that payment. It also affords employers a great deal of
discretion in discharging such workers. Under section 22(1),
the law provides that “any worker may be discharged on the
basis of physical or mental incapacity or continued ill health
as certified by any registered medical practitioner”. On the
21
other hand as per the law the employers are effectively
entitled to discharge disabled employees without being
required to consider possible reasonable accommodations,
even if such accommodations could be readily provided. As
such, employers are formally protected to engage in
discriminatory discharge on the basis of disability. By
contrast, the CRPD requires that employers consider what
51
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
21
TheBangladeshLaborLaw,2006

54. modifications or adjustments can be made to change
working norms and the built environment. Moreover, the
CRPD obligates employers to provide auxiliary aids and
services where appropriate and reasonable. Compensation
alone often does not suffice. The stark reality is that they
have more difficulty finding forms of employment than do
non-disabledjobseekers.
The most common form of employment outside the
household for poor disabled children is begging. Disabled
children are regularly used to generate income through
begging. Some are placed on the streets to beg by their own
families. Some are sold by their families to others who keep
stables of disabled children in organized rings of beggars.
Thishappensbothinruralandurbanareas.
Rights to protection in Emergencies
Bangladesh is prone to frequent natural hazards in various
degrees and forms - in particular flood, cyclone, hurricane,
tornado, tidal surge, even drought, famine, heat wave, cold
wave, epidemic, etc., almost every year. Persons with
disabilitiesremainahigh-riskgroupwhenitcomestonatural
disasters. A large proportion of the casualties during and
after a disaster are disabled persons and elderly people with
impairments. That’s why it’s so important to involve persons
with disabilities in planning for disasters, both at the
22
communitylevelandinnationalandinternationalpolicies .
52
22
Disability Inclusive DRR Network: People with disabilities should have voice in
disasterprevention,HansenRoland,MalteserInternational-Germany

55. People with disabilities are often overlooked during
emergencies. Although a number of government and non-
government development programs and projects are
focused towards meeting the needs of this section of the
community, a well thought-out organized standard plan of
action for disaster preparedness still remains rudimentary
and provisional. Local government Institutions are involved
in disaster response, but their involvement is not enough.
They do not have any information regarding numbers of
disabledpeopleintheirarea.
Even in cases of major natural disasters, most of the
statistical data available with Disaster Forum is related to the
number of deaths of people and animals; number of families
affected or dislocated other damage and loss. But there is
hardly any data on how many persons with disabilities are
affected, or how many fresh cases of disabilities occurred
immediately as a result of the disaster, or how many of the
injured cases later on resulted in lifelong disabilities. These
indicate that the issues of disability have not received the
highestattentionoftheplannerorpolicymakers.
Right to Community- Based Services and Health Care
There is a lack of early identification, early intervention
services,community-basedrehabilitationand qualityhealth
care services for children and adults with disabilities in their
local communities. There are only a few specialized
hospitals, mostly located in big cities. This lack of services is
due to inadequate funding, poor implementation,
53
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

56. expansion,and lack of maintenance.Whileofficialpoliciesof
providing community based rehabilitation for persons with
disabilities exist, there is a great shortage of such services
generally. Many children with disabilities do not receive
health care or rehabilitation services at all. Of those that do,
the number of children using rehabilitation aids is very low
with only one fifth of children with disabilities using
prosthetics, orthotics, hearing and vision aids, or
wheelchairs.
Rehabilitation services are not available in most
communities, and often the health care staff does not
receive adequate training, or they do not have an incentive
to work with the families of children with disabilities. Many
families of children with disabilities also do not receive the
support that they need for proper development of a child
with a disability. Currently, there is no systematic
identification, professional assessment, or provision of
support to vulnerable families that will help children with
disabilitiestoremainwiththeirfamilies.
Also, the number of support programs at school and in the
community for children with disabilities is limited. Families
do not benefit from mentoring programs, adolescent
counseling services, life skills programs, drop in centers, or
recreational activities. Even the shelter homes are not
interested in enrolling children with disabilities as this can
createanadditionalburdenforthem.
Although everyone has the right to free health care, only
54

57. 45% actually make use of it. Because of the stigma, persons
with disabilities receive hardly any medical care. There is a
law in force to improve the position of persons with
disabilities, but there is little progress. Aid organizations fill
23
the gap left by malfunctioning public authorities .
Additionally, there is a lack of trained, professional social
workers and counselors. Because social work is a new
profession in Bangladesh, designated and trained social
workershavenotbeenappointed.
Right to Special and Free Health Care
The Bangladesh Government recognizes the right to special
and free health care for persons with disabilities in the
proposed policies, but services are very limited. In the
National Health Policy 2011, in section 3 of Basic Principles,
the words ‘Person with Disability’ are used only with other
disadvantaged people in the context of providing special
support. In section 31 of the Strategy section, the words
“Physically and Mentally Disabled Person” is used for
attention to special health care and special programs. No
detailed framework has been proposed in the policy
regardingspecialandfreehealthcareprograms.
Only the Pangu Hospital in Dhaka has limited health care
servicesforpersonwithdisabilities.MedicalCollegeHospitals
have facilities for the disabled, but services are mainly limited
to accident related patients and are not free. The patients
havetobearthecostofmedicineandotherdevices.
55
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
23
LightfortheWorld, TheNetherlands,http://www.lightfortheworld.nl

58. At the district level there are arrangements for eye camps,
mainly for cataract surgery, but the main target of this
service is elderly people. Non-government organizations
patronize these types of programs. Treatment facilities of
eye related problems are not generally available at the rural
level. Services for other disabilities are not available at the
districtlevelandUpazilalevelhospitals.
It’s noted that immunization of pregnant women and
children, increased awareness and reduced misconceptions
about care of pregnant women and an increased rate of use
of iodized salt have all contributed to the prevention of
disability.
Right to Education
Bangladesh is fully committed to the Education For All (EFA)
objectives, the Millennium Development Goals (MDG) and
international declarations. Article 17 of the Bangladesh
Constitution provides that all children between the ages of
six and ten years receive a basic education free of charge,
with boys getting free education up to class 8 and girls up to
class 12. Available evidence suggests that less than 10
percent of children and youth with disabilities have access to
any form of education. Special Education was suggested for
children with disabilities in the National Education Policy
2000, although the Education policy 1974 was very
supportive to inclusive education. The government formed a
sixteen member committee on April 8, 2009 to review and
examine all Education Policies to determine a practical one.
56

59. After consultation with stakeholders including persons with
disabilities, the committee submitted its report for
consideration and appropriate implementation by the
authority.
TheVisionoftheBasicandPrimaryEducationProgramofthe
Government of Bangladesh is that “ By 2015 All primary
school-age children (6-10 years), boys and girls, including all
ethnic groups, disadvantaged and disabled, are enrolled and
successfully completing the primary cycle and achieving
24
quality education” . This commitment covers all children
includingchildrenwithdisabilities.
In the National Education Policy 2010, there is a separate sub
section in Chapter 2 for Disabled Children (clause 21, 22 and
23ofchapter2).Thisstatesthat,(21)Foralltypesofdisabled
children it will be ensured in the schools as following need,
such as, ensure use of toilet, mobility and other facilities;
(22) the special needs of the disabled child should be
considered a priority; (23) a minimum of one Instructor in
eachPTIforteachingtheseveraltypesofdisabledchildren.
In addition to this, Section (18.a) of the National Education
Policy 2010 describes, in detail, education of the person with
disabilities: Special Education, where there are specified an
objective, 2 goals and 13 strategies. This indicates a gradual
improvement in action from the government to ensure the
57
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
24
Vision of Basic and Primary Education [5.A ] by 2015, National Plan of Action
[NPA-II](2003-2015),

60. rights of children with disabilities. Thus the education
system for children with disabilities is gradually shifting from
segregated to mainstream education system, although with
25
sluggishprogress.
Despite this, access of children with disabilities to education
is extremely limited. Very little has been done to promote
education of children with disabilities in Bangladesh. The
rigid & unfriendly education curriculum, ignorance and a
lack of awareness of parents, compounded with the
inadequate knowledge of teachers and the unfriendly
environment existing in most of the institutions, have all
created barriers. In 2005, in terms of percentages, children
with disabilities in government schools comprised 0.3 % of
the school-going population and only 2.6 % of all children
with disabilities attended government schools. In 2008, the
MoPME reported a marginally increased enrollment rate of
children with disabilities: 77,500 out of 16,001,605 enrolled
students,representing0.5%ofthetotalpopulation.
In addition to mainstream educational services provided,
the Department of Social Services (DSS) provides special and
integrated education services for up to a few hundred
children with disabilities. Other students depend on non-
governmental organizations for their education. Taken
together, these data suggest that the vast majority of
children with disabilities in Bangladesh do not have equal
accesstoeducation.
58
25
NationalEducationPolicy2010

61. More recent legislative and policy developments move
towards including children with disabilities in the public
primary education system. In 2007, the then Directorate of
Primary Education (now MoPME) issued a circular to all
primary schools instructing them to include students with
disabilities “who are includable.” The Ministry of Education's
2010 National Education Policy calls for the inclusion in
25
mainstream schools of children with disabilities and for the
provision of accessible learning materials on a priority basis.
Yet these initiatives have not created a legal right to
education for children with disabilities. Although the plain
languageoftheactdoes,onthefaceofit,guaranteechildren
with disabilities a free and appropriate education up to the
age of 18, this provision is found in the act's Schedule “Gha”
of2,whicharenotlegallybinding.
In the PEDP III, Component 2 is ‘Participation and Disparities,
and result area 2.1 is ‘All Children participate in pre- primary
and primary education in all types of schools (formal, non-
formal and madrasah)’; the sub component is
‘Mainstreaming inclusive education’ i.e. “All Children
Participate in School Equally”. According to the baseline
survey of PEDP III, the number of enrolled children with
disabilities is 85,026 (2010) and among them are 36,877
girls. There are also plans to provide assistive devices to
disabled children, where necessary. For clear understanding
ofPEDP-III,sub-component2.1.3ispresentedhere:
59
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
25
NationalEducationPolicy2010

62. Inclusive education emphasizes the “all” in “education for
all.” The sub-component addresses the particular needs in
formal schools of tribal children, ethnic minorities, children
with learning disabilities, and disabled children. The
intention is to create an inclusive culture based on the
principle that all learners have a right to education
irrespective of their individual characteristics or differences.
Under PEDP III, the interventions initiated under PEDP II will
be continued. Block funds will now be provided through
UPEPstoassistschoolsinmainstreaminginclusiveeducation
with mild to moderately disabled children. Issues of
inclusion will be integrated into all training activities. School
level focal persons trained under PEDP II will be supported,
and all children will be screened for learning difficulties (as
well as health problems) on entry to school and every year.
As many children with learning disabilities are
accommodated through NFE channels, NFE teachers may be
included in training programs focused on diagnostics and
interventionsforslowlearners.
Violence against Disabled Persons
Violence against women is difficult to quantify because of
unreliable statistics and societal inhibitions about reporting
suchviolence.Muchofthereportedviolenceagainstwomen
is related to disputes over dowries. The law prohibits rape
and physical spousal abuse. Many rapes are unreported. In
some cases, rape victims commit suicide to escape the
psychologicalaftermath,includingsocialstigma.
60

63. The law provides for equal treatment and freedom from
discrimination for persons with disabilities; however, in
practice, persons with disabilities face social and economic
discrimination.
Thenewspapersreporttheincidenceofrapeofintellectually
and speech disabled girls happening in many places. But the
local influential people including political leaders or Local
Government representatives are pressuring the victims and
their family members not to file cases. If someone files a
case, they find it difficult to continue the case and they don’t
getanywitnessorsignlanguageinterpreter.
Generally, the disabled victims are often much weaker than
opposing parties. As a result, even where evidence strongly
favors a disabled victim, the opposing parties prevail.
Moreover, disability rights activists supporting disabled
litigants often have to face difficult choices whether to
pursue protracted, unpredictable litigation when out- of-
court settlements might greatly benefit disabled litigants
and their families. Criminal procedures would outright bar
disabled litigants from successfully settling cases and from
what in many cases are more desirable remedies than
punishingdiscriminators.
Access to the Legal System
In line with the international commitment to the principle of
equality of justice as enshrined in Article 7 of the Universal
Declaration of Human Rights, it has been pledged in the
preamble of the Constitution of Bangladesh that one of the
61
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

64. fundamental aims of the state is to realize a society in which
equalityofjusticewouldbesecuredforallcitizens.
The jurisprudential concepts of 'equality before law', 'equal
protection of law' and 'rule of law' are safeguards for the
citizen irrespective of caste, creed, social and financial
status. Unfortunately, all citizens are not equally privileged
toreceivethebenefitsoflaw.
The criminal justice system is inaccessible to persons with
disabilities. Police stations and court building is simply
inaccessible to wheelchair users and a lack of sign language
interpreters means that deaf people cannot report crimes.
The lack of explanation and support for individuals with
intellectual disabilities or mental health problems means
that many individuals with these disabilities find the act of
reporting violence or giving testimony against an abuser or
otherwiseseekingjusticeistoocomplicated.
The government has constituted a National Legal Aid
SupportDirectorate.Theorganogramisyettogetanodfrom
the government and they are working with some support
staff paid by some donors. The directorate is unable to
perform properly due to lack of manpower and other
logistics. One of the basic fundamental rights is that all are
equal before the law and are entitled to equal protection of
law. Due to lack of available sign language interpreters, the
justice seeker with speech and hearing disabilities may be
deprivedfromgettingaccesstothelegalsystem.
62

65. Access to Safety Net Programs
Different safety net programs of the government like
Vulnerable Group Feeding (VGF) and Vulnerable Group
Development (VGD) run by DSS, MOWCA and Union
Parishads, and claimed that the people with disabilities are
prioritized during the selection of these beneficiary groups,
butinmostcaseslocalpoliticalleadersusethesegroupcards
amongst their ‘vote-banks’ and so the disabled people lose
26
out.
Under yet another scheme, introduced from the 2008-09
fiscalyear,theDSSprovidesaneducationstipendtostudents
withdisabilitiesindifferentlevelsofformaleducation.Sofar,
about 13,000 students with disabilities in different
educational levels, from primary level education to post-
graduate higher level education across the country are
coveredunderthisscheme.
Access to Political System
Bangladesh Election Law provides voters with disabilities
who require assistance the right to choose their own
assistance. Many voters noted that assistance was often
"offered" by presiding officers and even party workers.
Voters with all types of disabilities cited examples of
discriminatory attitudes by poll workers and voters alike. At
times, discrimination even led to a voter being denied his or
63
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
26
State of the Rights of Persons with Disabilities In Bangladesh, 2009, Disability
RightsWatchGroupinBangladesh

66. 27
her right to vote . As a result of the strong advocacy
initiatives of the NGOs led by NFOWD, some major political
parties included disability related issues in the respective
election manifesto prior to the 9th Parliamentary Elections
in2008.
Children with Disabilities
States Parties recognize that a mentally or physically
disabled child should enjoy a full and decent life, in
conditions which ensure dignity, promote self-reliance and
facilitate the child’s active participation in the community.
Education policy made the provisions for ensuring
mainstream education for children with disabilities and
special needs education for those with severe types of
disabilities, who cannot be integrated in the mainstream
education.
Recognizing the special needs of a disabled child, assistance
extended in accordance with paragraph 2 of the article shall
be provided free of charge, whenever possible, taking into
account the financial resources of the parents or others
caring for the child, and shall be designed to ensure that the
disabledchildhaseffectiveaccesstoandreceiveseducation,
training, health care services, rehabilitation services,
preparation for employment and recreation opportunities in
a manner conducive to the child’s achieving the fullest
possible social integration and individual development,
includinghisorherculturalandspiritualdevelopment.
64
27
Article4-1(a)&(b)ofCRPD

67. Lack of trained teachers, lack of barrier free infrastructure,
lack of education materials and very limited number of
educational institutions means that the state faces severe
difficulties in upholding the rights of the person with
disabilities.NGOsarenowimplementingvariousactivitiesto
upholdtherightsofChildrenwithDisabilities.
Cultural Programs
Cultural programs performed by people with disabilities,
especially children, drama shows, drama serials; children’s
drama serials etc have been prepared and broadcast on
television channels on a regular basis, in addition to
disability specific talk shows. A nation-wide talent hunt was
aired on one private channel spread over a period of five
months to identify persons with disabilities with musical
talent. This also helped towards sensitization of the
population to the abilities of people with disabilities. During
thenationalandinternationaldisabilitydays,manychannels
have regularly been arranging special cultural programs with
performers with disabilities. The State operated Bangladesh
Betar (Radio Bangladesh) has a large number of performers
with disabilities, especially people with visual impairments
amongst its core pool of artists. The number of such artists is
now gradually on the rise. People with disabilities still
unfortunately feature in the media in humiliating and/or
negative roles and characters due to lack of awareness and
insights regarding the potential of the person with
disabilities.
65
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

68. Executive Order issued by the Office of the Prime Minister
In March 2002, an Executive Order was issued by the Office
of the Prime Minister, declaring a set of Short Term & Long
Term activities to be addressed by the Government of
Bangladesh
The Short Term Activities:
Establishseparateticketcountersatrailwaystations,bus
terminals, river ports, launch-steamer ports, airports
and air offices to ensure the easy transport access of the
personwithdisabilitiesthroughoutthecountry;
Reserve specific numbers of seats in buses, trains,
launchesandsteamersforthepersonwithdisabilities;
Fill up the 10% quota at government service for
orphansandpersonswithdisabilities;
Open a complaint box at the Department of Social
Service to stop the harassment of the person with
disabilities;
Construct slope ways (ramps) to ensure the easy
access of the person with disabilities of every
governmentoffice;
Overrule all barriers for the person with disabilities in
the recruitment process of 1st and 2nd class
governmentjobs;
Long term Activities:
Start micro-credit programs by every nationalized
bankforthepersonwithdisabilities;
!
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66

69. !
!
3.3. Monitoring Mechanism
Ensure that every government organization, who will
be the possible user of plastic products produced by
the Maitry Shilpa under the social service department,
shouldpurchasetheproductswithoutanytenders;
Increase the government’s financial grants to the
NFDDPupto20%
AccordingtotheAllocationofBusinessoftheGovernmentof
Bangladesh, the Ministry of Social Welfare is entrusted with
theresponsibilityofgoverningallresponsibilitiesconcerning
the development of persons with disabilities. As such, under
the auspices of the Ministry of Social Welfare, a high
powered National Monitoring Committee has been
constituted, comprising of representatives from other
ministries and representatives of organizations of people
with disabilities. The representatives of the different
ministries are the 46 focal points from as many ministries
and departments (not below the rank of a Joint Secretary).
Other members of the Committee include representatives
from leading human rights, women’s rights, education rights
& legal rights organizations. Chief functionaries of
Transparency International and the Chamber of Commerce
&IndustriesarealsoincludedintheMonitoringCommittee.
ThereisaDisabilityRightsWatchGroup,consistingofeminent
members of the civil society. This vigilant group also plays a
very proactive role to watch any occurrences of human rights
violationsofpersonswithdisabilities,andactaccordingly.
67
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

70. There is also a unique Parliamentarians’ Caucus on Disability
in Bangladesh. Chaired by an eminent Member of
Parliament, who is a lawyer by profession and a former
Minister of the Ministry of Law, Justice & Parliamentary
Affairs, this Caucus of 20 parliamentarians keeps a vigilant
eye on the affairs conducted by the State concerning people
with disabilities. The caucus also ensures that the rights
issuesarediscussedduringtheParliamentarysessions.
General overview
The Rights of Persons with Disabilities Law 2011 (draft) was
drafted recently. In its pre-election manifesto, the
government had promised to formulate the law to ensure
rightsinlinewiththe'UNConventionontheRightsofPersons
withDisabilities',whichBangladeshhadratifiedin2007.
After signing and ratification of the CRPD, Bangladesh has to
amend, update and/ or modify all its national laws and
policies (including its disability related legislation and
27
policies)inthespiritandcontentoftheCRPD.
Supported by dedicated disability rights activists, the
Government of Bangladesh has been working towards
enacting a new disability rights law for several years.
However, successive legislative proposals have not
3.4 Proposed Rights of Persons with Disabilities
Law 2011 (draft)
68
27
Article4-1(a)&(b)ofCRPD

71. approached fulfilling key
28
CRPD obligations . New
legislation alone will not
satisfy article 4(1) (b)
because several existing
laws are discriminatory for
thepurposesoftheCRPD.
The goal of the Convention
which is to promote,
protect and ensure the full
and equal enjoyment of all
h u m a n r i g h t s a n d
fundamental freedoms of
all persons with disabilities
and to promote respect for
theirinherentdignity.
The proposed Rights of
Persons with Disabilities
Law 2011 (draft) is more
focusedontherightsofthe
person with disabilities
and complies with the
spirit of the CRPD. The
proposed law will ensure
the best interest of the
69
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
FRAMEWORK
Name: Rights of the
Persons with Disabilities
Act
Purpose/ Objectives: Clear
and specific based on
humanrights
G e n e ra l p r i n c i p l e s :
Include principles as per
theCRPDvalues
General obligations: As
pertheCRPD
Definitions: Rights-based
definitions
Rights: List of rights with
specificactions
E q u a l i t y a n d n o n -
discrimination: As per the
CRPD
Marginalized PwDs:
I n c l u d i n g w o m e n ,
children, indigenous
groups
Affirmative Action:
Indication of specific
actionse.g.quota
Statistics and data
collection: Specified tasks
forrelevantdepartments
!
!
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!
!
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!
!
!
!
28
TheDailyStarForum,Volume5Issue12December2011

72. person with disabilities.
Their best interest will not
be hampered due to any
provisions of the proposed
law, nor by the provisions
orentitlementofanyother
law that will supersede the
provisions of this law to protect best interest and ensure
highest standard of protection and care for the disabled. The
proposed laws have clarified the different terms used in the
lawanddefinedvarioustypesofdisabilities.
The Disability Welfare Act 2001 was based on a medical,
welfare and charity based approach, whereas the CRPD has
been framed and adopted by the United Nations considering
fundamental freedom and basic rights of persons with
disabilities with diverse socio-economic & cultural
differences. The proposed Rights of Persons with Disabilities
Act, 2011, is based on the rights of the person with
disabilities. This has compliance with the principles of the
CRPD. The proposed Rights of Persons with Disabilities Law
2011 (draft) addresses most aspects of life for persons with
disabilities, to ensure the rights of persons with disabilities
to equal access to education, accessibility to government
buildings, bus and train transportation, health care,
vocationaltraining,employmentetc.
The Preamble of the proposed act reflects the commitment
of government to ensuring human dignity and social justice
70
!
!
National implementation
a n d m o n i t o r i n g :
C o m m i t t e e s w i t h
reportingmechanism
Finance: Budgetary plan
and adequate resource
allocation.

73. and to ensuring the rights and dignity of the person with
disabilities and their effective and meaningful participation
in social, political, economic and cultural of life and activities
according to the provisions of the CRPD and its optional
protocol.
Section 5 of the proposed law deals with a set of rights of the
person with disabilities. The rights of a person with
disabilities are dealt with in 19 sub categories and those are
intended to deal with different clusters of rights mentioned
invariousArticlesoftheCRPD.
Schedule b of the proposed Act spells out different activities
on the protection of the rights of the person with disabilities.
These include Identification; Assessment & planning; Health
Services; Language & communication; Accessibility; ICT;
Mobility; Habilitation and Rehabilitation; Education &
Training; Employment; Social Security; Freedom from
Violence, Access to justice and Legal Aid; Disaster, Risk and
Humanitarian emergencies; Sports, Culture & Recreation;
AwarenessandOrganization.
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The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

74. Table 1. Rights under the CRPD and Rights of Persons with
Disabilities Law 2011 (draft)
72
Equality before the law without
discrimination(article5).
EnsureAccessibility(article9).
Right to life, liberty and security of
theperson(article10).
Equal recognition before the law
andlegalcapacity(article12).
AccesstoJustice(article13).
Freedom from torture…
punishment (article 15).
Freedom from exploitation,
violenceandabuse(article16).
Right to respect physical and
mentalintegrity(article17).
Freedom of movement and
nationality(article18).
Right to live in the community
(article19).
Freedom of expression and
opinion(article21).
Respectforprivacy(article22).
Respect for home and the family
(article23).
Aninclusiveeducation(article24).
CRPD Proposed Law 2011
Section5
Section5(6)Schedule-b(e)
Section5(1)
Section5(2)
Section5(2)/Schedule–b(l)
Section5(9)
Section5(4)Schedule-b(l)
Section5
Section5(1)
Section5(5)
Section5(4)
Section5(17)
Section5(5)
Section5(8)

75. Provisions of the proposed Rights of Persons with
DisabilitiesLaw2011
Right to Protection from Discrimination on the Basis of
Disability
InrelationtoArticle3oftheCRPD(Generalprinciples),Article
5 of the proposed Act has 19 sub sections which focus on the
fulfillment of universal human rights without any
discrimination based on the disabilities of any person. It also
has a special reference of the constitution of Bangladesh.
These include, birth and survival, equal rights in the eyes of
law, inheritance of property, freedom of expression, rights to
accessible information based on disability, life in the
community with the parents, accessibility to physical
infrastructure, transport, Information technology,
meaningful participation in all spheres of life, mainstreaming
73
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
Righttohealth(article25).
Habilitation and rehabilitation
(article26).
Right to work and Employment
(article27).
Adequate standard of life (article
28).
Participation in Political and public
life(article29).
Participation in cultural life,
recreation,leisure(article30).
CRPD Proposed Law 2011
Section5(11)Schedule-b(c)
Section5(14)Schedule-b(h)
Section5(10)Schedule-b(j)
Section5(14)
Section5(19)
Section5(15)Schedule-b(n)

76. the education system from primary to higher level,
employment and conducive environment and benefits in
employment, highest attainable standard of living,
reasonable accommodation, availability of supportive service
and rehabilitation, social safety net, appropriate language
(sign language as the first language for hearing and speech
disabilities), privacy of information and rights to association,
effective involvement in political activities, registration as
voter,castingvoteandparticipationintheelection.
In the proposed act, discriminatory attitudes and actions
towards a person with disability are considered as offences
andaremadepunishableoffences.Thishas2consequences;
(i) this can be misused and (ii) how to protect people from
discriminatory attitudes and actions is not mentioned in the
act. The provisions of compensation in the case of such
discrimination should be introduced. A penalty could be the
punishment for rights violation. If a person is being
discriminated against in educational institutions or in the
work place based on disabilities, what legal support the
personwillget,isnotclear.
Definitions of Disability
The CRPD itself contains no definition of each type of
disability,butitisintendedtoapplyto“thosewhohavelong-
term physical, mental, intellectual, or sensory impairments
which in interaction with various barriers may hinder their
full and effective participation in society on an equal basis
with others.” The proposed Rights of Persons with
74

77. Disabilities Law 2011 (draft) includes definitions of 12 types
of disabilities in Schedule “A” which is very helpful in
understanding the wider range of disabilities. This definition
of disability is a great improvement from the previous law
andcomplieswiththeCRPD.
The proposed draft of the act defines “Persons with
Disabilities”as“thosewhohavephysical,mental,intellectual
and sensory impairment, which are shown in different forms
of disability and in interaction with various social barriers,
lack of appropriate aid conditions causing difficulties for
theminequalparticipationinthesocialactivities.”
There is a difference between the terms “disability” and
“impairment” in English. The definition of disability,
29
developed by the World Health Organization in 1980
distinguishes between impairment, defined as an
anatomical loss, and disability as a restriction resulting from
theimpairment.
Reasonable Accommodation
The CRPD defines “reasonable accommodation” as the
“necessary and appropriate modification and adjustments
not imposing a proportionate or undue burden, where
needed in a particular case, to ensure to persons with
disabilities the enjoyment or exercise of an equal basis with
othersofallhumanrightsandfundamentalfreedoms.”
75
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
29
WHO,InternationalClassificationofImpairments,Disabilities,andHandicaps:A
manual of classification relating to the consequences of disease (Geneva,

78. Denying persons with disabilities reasonable
accommodation constitutes discrimination on the basis of
30 31
disability . Section 5(12) of the proposed act mentioned
rights to reasonable accommodation as the Right of the
Person with Disabilities. It is not mentioned that the failure
to provide reasonable accommodation to persons with
disabilities constitutes discrimination based on disabilities
andwhatwouldbetheactionifsomeoneviolatestherights.
Accessibility
Thelackofaccessibilitytopublicspacesandpublicservicesis
one of the serious problems faced by persons with
disabilities, which deprives them of access to many services
which are available for them. They become unable to access
schools, health care centers, and public places because the
buildings and the transportation do not accommodate them
asaresultoftheirdisabilities.Personswithvisualorauditory
disabilitiesareoftendeniedaccess.
The curriculum, education system and other information,
which in turn deprive them of employment opportunities,
andforcethemtoliveinconfinedandrestrictedareasaswell
asbeingdependentonothersfortheirlivelihoods,shouldbe
improved. Access to justice could be one area under
accessibilityintheproposedlaw.
76
30
Article2ofCRPD
31
ProposeddraftoftheRightsofPersonswithdisabilitiesAct2011

79. Education
Children with disabilities frequently receive sub-standard
and segregated education, while many receive no education
at all. Although some efforts have been made to create an
inclusiveeducationsystem,technicalandfinancialsupportis
lacking, and the number of trained and qualified teachers is
not sufficient. Article 24(1) of the CPRD establishes a right to
education and requires states to “ensure an inclusive
educationatalllevels.”
Article 2 of the proposed Disability Act describes three types
of educational approaches: (1) inclusive, (2) integrated (semi
- inclusive) and (3) special education. According to the
proposed Act, inclusive education shall be the main
approach applied for education of persons with disabilities,
and the integrated and special education approaches are
applied only to students who are “not able to learn/ study in
the inclusive education environment.” The approach that
will be utilized will depend on the choice of the child with
disabilities, availability of services their families or their legal
guardians deem appropriate for the person with disability’s
individual development. The proposed law also makes the
provision of taking sign language as the first language by the
hearing and speech disabled. But there is no specialized
institution to learn sign language, though the NGOs have
smallprogramstoteachsignlanguage.
Article 24 of the CRPD requires States to “ensure an inclusive
education system at all levels” and acknowledges the
77
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80. importance of the right to education to the development of
the person and his or her sense of dignity and self worth as
well as the importance of the right to education in
strengthening respect for “human rights, fundamental
freedomsandhumandiversity.”
Section 2 of Article 24 of the CRPD states that State Parties
shall ensure that persons with disabilities are not excluded
from the general education system on the basis of disability
and those children with disabilities shall have access to an
inclusive, quality, and free primary education and secondary
education on an equal basis with others in the communities
inwhichtheylive.Eachofthesesections,aswellastheentire
CRPD, applies to persons with all disabilities, including those
with severe disabilities. The proposed law complies with this
provision.
Health Care
There is a lack of early identification, early intervention
services, community - based rehabilitation, and quality
healthcareservicesforchildrenwithdisabilitiesintheirlocal
communities. In the proposed law there are 4 basic
provisions for health care. As government hospitals have
limited facilities, the government will take action for the
treatment of Persons with Disabilities at a subsidized rate in
theprivatenon-governmenthospitals.
The Government made the provisions of free treatment for
poor patients including provisions of medicine and assistive
78

81. 36
devices and provisions for tax free import of raw materials
32
formakingtheassistivedevicesforthedisabledperson .
Identification of Persons with Disabilities
The Government will take appropriate action for risk
reduction and preventive measures. The Government is
conducting a survey for identification of persons with
disabilities. The Ministry of Social Welfare is conducting a
survey for identification of persons with disabilities in one
Upazila of Bagerhat, Rajshahi, Jamalpur, Comilla, Habiganj,
Dinajpur,Barisaland4upazilasofGopalganjdistrict.Thiswill
be linked with the national database. Birth Registration
number and Voter ID Card Number are also included in the
database. Data collection has been completed and data
processingthroughsoftwarewillstartsoon.
Legal Identity, Registration at Birth,
Article18(2)oftheCRPDrequireschildrenwithdisabilitiesto
be immediately registered after birth. At present, there is a
birth and death registration law in Bangladesh. Union
Parishads, Pourashava and City Corporations and
Cantonment Boards are the competent authorities for birth
registration.However,manychildrenwithdisabilitiesarenot
registeredatbirthtoavoidembarrassment.Section17ofthe
proposed law made a provision that all Persons with
79
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
36
Mosharraf Hossain, Country Director, ADD International and The Daily Star
organized roundtable on 'Disability Inclusive National Budget 2012-13' on May
22,2012.
32
Id8.2.4page9

82. Disabilities will get an identity card which will be provided in
a specified manner from the competent authority
mentioned in the proposed act. The identity card will
indicatethatthepersonisdisabled.
Criminal Offence
33
Section 22 of the proposed law has identified 17
discriminatory attitudes and actions as cognizable offences.
If there is discrimination against any person with disabilities,
or failure to comply with the provisions of the law, the
34
accusedpersonwillbecharged.Theoffencesunderthislaw
will be non-bailable (the offender will not get bail from the
courtuntilthetrialiscomplete).Thepunishmentagainstthis
offence is 3 years imprisonment and/ or a fine of up to Taka
500,000.00.This case will be tried in the court of a 1st class
Magistrate. There will be scope for mal-practice of this
provision. The provisions of different types of punishment
for different types of discrimination must be suitable;
otherwise this law will not be executed and may be abused.
The best interest of the person with disabilities will not be
violated under this law. If any contradiction arises, the
provisions of this law will be superset by other laws. But it is
notclearherewhichlawsarelikelytobesuperseded.
Establishment of a Separate Commission
The Draft law proposed to set up a Commission on the Rights
of the Person with Disabilities with four Commissioners and
80
33
proposedDisabilityAct2011,Section22
34
Id 24(d)

83. one Chief Commissioner. This could be an independent
authority to deal with the rights violation of the Person with
Disabilities. There are different opinions on this issue. There
isnoneedforsuchacommission,wherethiscommissionwill
only have directive powers with no authority of
35
implementation . Among the Commissioners of the
Bangladesh National Human Rights Commission, one could
be solely assigned to deal with the Issue of Disability and
oversee the implementation of the National Laws. According
to Article 33/3 selected representatives among persons with
disabilities and their representative organizations will be the
members of such a commission. If a separate commission is
not formed then they will be involved with the national
implementation and monitoring system at national level,
districtandupazilalevel.
The issues of disability have not been included in the
Millennium Development Goals (MDG) though the MDGs are
specifically designed to address the needs of the world’s
poorest citizens and the world’s most marginalized
41
populations . MDGs will not be achieved however if their
policies, programs, monitoring and evaluation do not include
personswithdisabilities.Whilepersonswithdisabilitiesmake
up ten per cent of the world’s population, disability is
4. Implementation of the CPRD
81
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35
Review of the Proposed Law 2011, Bangladesh Legal Aid and Services Trust
(BLAST),February2011
41
Section17oftheProposedRightsofthedisablePersonBill2011

84. associated with twenty per cent of global poverty according
to the World Bank’s findings. Currently, there are no
references to persons with disabilities either in the MDGs
themselves or in the accompanying body of guidelines and
policies, programs and conferences that are part of the on-
goingMDGefforts.Inaddition,thenewrevisionsoftheMDGs
currently in process do not include persons with disabilities.
The international community needs urgently to act to
mainstream disability in the MDG processes. This requires
policy makers and technical experts specifically tasked with
the programming, monitoring and evaluation of current MDG
programs to begin to consider disability so that the next
phase of the implementation of the MDGs will include
disabilityasanimportantcomponentofitscoremission.
In the last 3 budgets, the share of budget allocated for
disabled persons is less than 0.50% .This shows that budgets
are not prepared with liberal minds and grand vision so that
the rights and respect for disabled persons could be
established. We have been demanding 10% of the total
36
budgetforthe10%ofourpopulationwhoaredisabled .
Proper implementation of the provisions of different acts
has not been carried out properly for various reasons. These
are lack of political commitment, social stigma and
prejudices among the mass of people, negative attitudes of
82
36
Mosharraf Hossain, Country Director, ADD International and The Daily Star
organized roundtable on 'Disability Inclusive National Budget 2012-13' on May
22,2012.

85. the policy makers, lack of awareness among the mass of
people and policy makers and inadequate allocation of
financialresourcesandlackofproperinitiatives.
International charters/ declarations/ treaties etc. are often
signed/ ratified without in- depth understanding and so
there remains a lack of commitment to fulfill these. Health is
a basic human right and a worldwide social goal that is
essential to the satisfaction of basic human needs and the
quality of life, and that it is to be attained by all people. But
the national health policy did not propose the commitment
to ensure the rights of the person with disabilities including
earlydetection,careandtreatment.
Despite various laws and policies, the development in the
situation of persons with disabilities in the country has been
oneoftheneglectedareas.
"The government is saying yes, but not doing so much in
practice,” For example, some schools have been fitted with
ramps at their entrance, but the space inside the school
building isn't large enough to accommodate wheelchairs,
and neither are the toilets. And while teachers are being
trained in how to teach persons with disabilities in their
37
classrooms, there is still so much more to do . The number
of trained teachers, appropriate curriculum, physical
4.1 Oversight & Enforcement
83
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
37
Talk point: Fighting the stigma of disability, 15 December 2011,
http://www.guardian.co.uk

86. accessibility, stipend and livelihood support for the families
of disabled people, interest free startup capital to start a
business and supportive supervision and technical
assistance to run the business and linkage with credit
facilitiesaremuchneeded.
Once a young person gets through school and university,
getting a job can be a challenge. Apart from low-level jobs,
disabled persons are still barred from the civil service. "They
don't think disabled persons can do those jobs, but in many
othercountriestheyaredoingthem,"
Persons with disabilities are also not aware about the
government policies and legal provisions on disability. These
are the structural weakness of the implementation of the
provisionsforthepersonwithdisabilities.
The situation in the education sector is another example of
government negligence. So far only 1,335 children with
disabilities have access to education within the government
system. SWID, a non-government organisation, provides
education facilities for another 7,500 children. For the
program, it receives 80% of its budget from the
38
government .
The process of review/ amendment of laws and policies are
alsoverylengthyandcomplicated.Thestakeholderswhoare
entrusted with the responsibility to uphold the laws and
84
38
Emran Hossain, Disabled denied rights, Article of the Daily star, Sunday,
December9,2007

87. policies are often inadequately informed and/ or not
adequately aware or sensitized on disability issues. As such,
disability is not prioritized as a rights issue and the national
documentsarerarelydisseminated.
Adequate resources are not allocated and the resources are
not efficiently managed. The Ministry of Social welfare has
given more responsibilities for implementation of programs
but the National Social Welfare Policy does not include much
about disability issues. The Ministries of health, education,
relief and disaster management and local government
should bear the responsibility and should be obligated in
compliance of the respective laws and policies in each
respectivesector.
Charges of violence or rape from individuals with a disability
aredismissedbythepoliceorjudgeswhoareunfamiliarwith
disability, on the assumption that a ‘misunderstanding’ has
occurred or that individuals with disability are easily
confused.
A child or adolescent with disability is unable to tell ‘right’
from‘wrong’ortodecidethemselveswhattheywantanddo
not want done to their bodies. It is often assumed that they
will not make good witnesses on their own behalf, and they
arediscouragedfrompressingcharges.
At the same time, there are conflicting laws and policies (e.g.
the Lunacy Act, Employment rules, Allocation of Business of
different Ministries) resulting in a lack of inter-ministerial
85
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

88. coordination, and also improper & contradictory
interpretationoflawsandpolicies.
National Trust Act, 2012 (Proposed)
The 'National Trust Act, 2012 for the welfare of people with
Autism, Cerebral Palsy, Downs Syndrome, Intelligence and
Other Neurotic Disability (Draft) has been proposed'. The
government introduced the draft of a new Act to form a trust
at national level to provide assistance to people with autism.
The proposed Act is being formulated to ensure the welfare
of people with autism, cerebral palsy, Downs Syndrome,
intelligence and other neurotic disability by constituting a
trust named the 'National Trust for the Welfare of the People
with Autism, Cerebral Palsy, Downs Syndrome, Intelligence
and Other Neurotic Disability'. The proposed Act also
provides for constitution of a national institute for education
and training of people with special needs and a separate unit
at every hospital for them, taking initiatives to ensure their
employmentandensuringtheirrighttoinheritproperty.
As the Rights of Persons with Disabilities Law 2011 (draft) is
waiting for enactment, another National trust Act to address
the welfare of people with Autism, Cerebral Palsy, Downs
Syndrome, Intelligence and Other Neurotic Disability (Draft)
has been proposed. This may create delay or lead to less
attention being paid to enactment of the proposed Rights of
PersonswithDisabilitiesLaw2011.Thesignificantprovisions
of the National Trust Act 2012 can be integrated within the
proposedRightsofPersonswithdisabilitiesLaw2011.
86

89. 4.2 CRPD Implementation Oversight
The CRPD requires States Parties to designate one or more
focal departments within the government to be responsible
for the implementation of the CRPD. States Parties must also
establishindependentprotectionandmonitoringmechanisms
to see that the laws and regulations that conform to the CRPD
are enforced and monitored. Under the proposed law, several
committees will be formed at different levels. These are (i)
National Coordination Committee, with participation of 12
relevant line ministries and NGO representatives, headed by
the Minister of MoSW, (ii) Executive Committee, headed by
Secretary MoSW, (iii) District Committee (iv) Upazila
Committee, (v) town committee/ Upazila Committee. The TOR
ofallcommitteeshasbeenproposed.
A mechanism needs to be developed for the formation of
separate commissions or involving the Human Rights
Commission as an independent authority for monitoring the
implementation of the CRPD, prevention of violence, abuse,
exploitation, non - compliance with the CRPD, maintenance
of a minimum standard of care by the concerned service
provider. The system of identification of disabled persons in
all villages is important and based on this information, local
government and other line ministries can prepare their
intervention plan and support persons with disabilities. The
ongoing survey of the Department of Social Welfare can be
expandedtoincludeallvillages.Theinformationcanbeputin
awebbaseddatabaseandmadeaccessibletoallconcerned.
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90. The National Coordination Committee will oversee the
implementation, coordination with other committees,
review the compliance with the international standard,
policy and procedure and advise government on
implementation. The National Coordination Committee will
also monitor the progress of implementation and in the case
of non - compliance of standard and provisions, will make
recommendations on modification of the implementation
planandprocedure.
States Parties are required to collect statistical and research
data that will help them formulate and implement the
policies required under the CRPD. The data will be collected
in such a way that ensures privacy and confidentiality, while
complying with internationally accepted norms to protect
human rights and fundamental freedoms. From the
proposed Disability Law, it is not immediately clear which
government ministry is responsible. It was not mentioned,
but MoSW have more responsibilities and Chair the National
CoordinationCommittee.
Government Actions and Commitments:
Prime Minister Sheikh Hasina said while marking the 20th
International Day for the Disabled on the December 4, 2011
that the government would enact a law for ensuring the
rights of persons with disabilities and giving them the
39
opportunity to contribute to the country’s development .
88
39
Reportofthe20thInternationalDayfortheDisabledontheDecember4,2011.
www.thedailystar.net

91. She said the government wants to involve persons with
disability in making the country a ‘Digital Bangladesh’.
Mentioning that the students with disability now get 15
minutes extra time in their examinations, she said: “This is
not enough for them and we are thinking of increasing the
time to 30 minutes.” The Government established the
National Development Forum for the Disabled during the
tenure of 1996-2001 and has now set up service and help
centers for them in 30 districts. “We’ll set up such centers in
20 more districts this fiscal year, and gradually, we’ll cover all
the districts.” She said the government has formulated a
specialeducationpolicyforstudentswithdisability.
The monthly allowance for persons with disability has been
increased to Taka 300 from Taka 250 while the number of
beneficiaries of such allowance has been increased to 2.86
lakh from 2.60 lakh. She mentioned that “We are building a
self-reliant, modern complex for the persons with disability
in Dhaka with all facilities.” The Government has appointed
46focalpointsfordealingwiththeneedsofdisabledpersons
invariousministries,divisionsandagencies.
StepstakenbytheStatearenotenoughtochangethewhole
scenario of disability issues. To ensure the rights of the
person with disabilities, Bangladesh needs to develop
policies and legislation and enforcement of laws and
policies. Civil society, professional groups like medical
practitioners, advocates, NGOs, political parties, media and
4.3 Involvement of Civil Society
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92. private sector organizations, have equal responsibilities as
institutional duty bearers. Involvement of all groups and
advocacy by organizations of persons with disabilities and
their families is crucial to legal reform and program
implementation and compliance. Article 4(3) of the CRPD
establishes that Persons with Disabilities, through
representative organizations, must be involved in program
planning and implementation at all levels of society and
government.
Persons with disabilities and their families are the most
familiar with their needs and which reforms are necessary to
recognize and promote their rights and needs. Self-help
groups and Community Based Organisations (CBO) s have
made a significant contribution in promoting the rights of
thepersonswithdisabilities.
There is a need for public awareness activities towards
positive attitudes to the rights of the person with disabilities.
Without involvement, participation and support programs
for persons with disabilities, policies could not be
implemented properly. The proposed law has made
provisions for awareness raising activities along with
provisions for different services. This activity will target
differentaudiencesthroughactionsandinitiatives.
There are two sets of Recommendation. The first one is
related to the proposed Rights of Persons with Disabilities
5. Recommendations
90

93. Law 2011 (draft) and the second one is related to general
protective measures to ensure the rights of the person with
disabilities.
Pass the Rights of Persons with DisabilitiesLaw 2011 -
Bangladesh should pass the proposed Rights of
Persons with Disabilities Law 2011 with no further
delay and also make rules to implement the Act
withoutdelayafterpassingtheAct.Itwillfacilitateand
expedite implementation of the proposed Act with no
furtherdelay.
Statement on Discrimination - The proposed Law
should include a clear statement that specifically
prohibitsdiscriminationonthebasisofdisabilityinany
context of education, housing, health care, access to
services, transportation, employment and all other
aspects of life including use of abusive words and
actions. If a student with a disability is discriminated
against while in school, a disabled person
discriminated against at his / her work place; the
authority should take immediate action. In the
proposed law, there needs to be clear guidelines on
how to get justice if someone is discriminated against
basedondisability.
Statement on Provisions in case of failure to ensure
Reasonable Accommodation - The definition of
5.1 Recommendations related to the proposed
Rights of Persons with Disabilities Law 2011
!
!
!
91
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94. discrimination in the proposed Disability Law should
include the failure to provide reasonable
accommodation, and clarification of reasonable
accommodation. Article 19 of the CRPD stipulates an
important extension of the right to liberty, which
applies specifically to the living arrangements of
persons with disability. It is a civil and political right
which therefore, must be complied with immediately.
Many disabled girls have no safe house to live in, and
they are vulnerable and at risk of sexual abuse. The
government must ensure that persons with disability
have affordable accommodation. The Local
Government Institution (LGI) must be given
responsibility to supervise the living conditions of
peoplewithdisability.
Statement on the Right of Children with Disabilities
to Live with Their Own Family - A specific provision
should be added to the proposed Disability Law
guaranteeing the right of all children with disabilities
to live with their own or alternative families.
Institutional care should be the last resort. Provisions
to support parents of children with disabilities should
be included in the proposed law. In addition, this is to
be incorporated in other polices like the alternative
care model, conditional cash transfer etc. The Ministry
of Women and Children Affairs (MOWCA) provide a
monthly allowance for a particular period to take care
of ‘at risk’ children through the conditional cash
!
92

95. 93
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
40
transfer system . That children must be sent to school
and must not be engaged in hazardous jobs are some
of the conditions, and the parents must fulfill the
conditions to get the allowance. Similarly, conditional
cash transfers can be made if the parents of disabled
children take care of their disabled children and meet
their basic needs and ensure vocational and life skills
education.
Statement on the Responsibilities of Local
Government - The Local Government (both Union
Parishad and City Corporation/ Municipality) must
have a committee to address the issue of disability, as
these organizations are in the front line to ensure
social protection though safety net programs. The
Standing Order on Disaster should also have the
provision on how they will address the vulnerability of
the person with disabilities in rescue, relief and
rehabilitation. The UDCC, UZ DCC and DDCC
coordinate the whole range of activities for the
disabledperson.
Establishment of a Protection System to Prevent
Abuse in Families and Institutions - Currently there is
no comprehensive, integrated system to implement
that will prevent and respond to reports of abuse,
neglect and ill treatment in a child’s home or in an
!
!
40
Conditional cash transfer system of Ministry of Women and Children Affairs
(MOWCA)orDepartmentofSocialServicescanbe

96. 94
institution. Nor are there designated social workers
and health workers to respond to protection needs.
The social services that are in place are predominantly
based on charitable efforts, as opposed to a rights-
based approach. As such, a comprehensive protection
system must have (1) identification and reporting, (2)
investigation and assessment, (3) recovery and
reintegration, and (4) alternative care. In addition, to
implement the provisions of the law, there should be
some activities at the local level. The Chairman of the
Union Parishad and newly Constituted Union
Development Coordination Committee (UDDCC) can
be empowered to monitor the progress of the
implementation and also create opportunities with
the social safety net program and other programs of
the government. Union Social Service staff and health
staff can be given responsibility to monitor and report
totheUDDCC.
Creation of Standards of Care for Institutions -
Minimum Standards of Care should be developed in
the institutions where a disabled child or adult person
accessesservices.Periodicreviewoncompliancemust
be in place in those organizations. This provision can
bemadeintheproposedAct.
Publicly Regulated Foster Care System - A
comprehensive, publicly regulated foster care system
must be established for all children with disabilities
regardlessoftheseverityoftheirdisability.
!
!

97. 95
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
!
!
!
!
Statement on the Right of Children with Disabilities
to Live with an Alternative Family – A specific
provision in the proposed Disability Law should be
added to guarantee the right of children to live with an
alternative family if their own family cannot take care
ofthem.
Registration at Birth & Identity card –The Local
Government Institutions are mandated to carry out
birth registration. In the proposed law there is a
41
section related to registration of disabled persons and
issuing of identity cards which will indicate that the
person is disabled. This may create an additional
burden to collect medical certificates and it may
increasetheriskofstigmabeingattachedtotheperson.
Compliance with Minimum Standard Care - Section
42
22 of the proposed law has identified discriminatory
attitudes and action as a criminal offence. Filing a case
against discrimination might create an additional
burdentothepersontoprovethecase.Theremightbe
chance of misuse of the law. If a minimum standard
care manual for all the services could be prepared and
responsible persons oriented properly they can be
chargedfornon-compliance.
Support to Disabled People’s Organizations –
Capacity building for Disabled People’s Organizations
41
Section17oftheProposedRightsofthedisablePersonBill2011
42
proposedRightsofthePersonwithDisabilityAct2011,Section22

98. 96
(DPOs) is the most important factor for success in
disability inclusive development. Support from the
government is also needed in formation and
strengtheningofDPOsthroughoutthecountry.
Translate the Law - Translate the Rights of Persons
with Disabilities Law 2011 into Braille and Bangla Sign
Language for easy access of the Person with
Disabilities with visual and speech impairment. This
will create their understanding of the law and they will
be able to demand the fulfillment of their rights
accordingtotheprovisionsofthelaw.
Composition of the Committee - Include the
Chairman, District Council for District Committee and
Chairman Upazila Parishad in the Upazila Committee
asChairpersonofDistrictandUpazilalevelcommittees
under the proposed Rights of Persons with Disabilities
Law 2011. In addition the District Development
Coordination Committee and Upazila Development
Coordination Committee can also be empowered to
follow-up and monitor the programs at the local level
through government and NGO coordination
mechanismstosupportthepersonwithdisabilities.
Indemnity - Section 27 on indemnity of the proposed
RightsofPersonswithDisabilitiesLaw2011shouldnot
ensure the roles and responsibilities of the
government; committees and authorized person(s).
Sothissectionmaybeomitted.
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The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
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5.2 General Recommendations
Periodic review - Periodic review of the
implementation of CRPD is an important task of the
government to ensure compliance and create demand
forthepersonwithdisabilities.
Reporting on Implementation of the Convention -
The State must take appropriate measures for timely
preparation and submission of the report to the
Committee on the Rights of the Person with
Disabilities, and develop the reporting process,
including the process of preparation of the report in a
participatory way and not only as a means to ensure
compliance with their international obligations, but
also as an opportunity to take stock of the state of
human rights protection within their jurisdiction, for
the purpose of more efficient policy planning and
implementationoftheConvention.
i) Non discrimination
Address Discrimination – Children with disabilities are being
discriminated against in their family by their parents,
relatives and other family members. The government must
take appropriate action to empower the parents and family
members to handle issues such as obligations, and
materialisticsupport,whichistobeensured.
Access to adequate social support services - are
fundamental human rights. However, the government and
others are failing to recognize the human right dimensions in

100. 98
social support. All union parishads in Bangladesh receive
blockgrantsfromtheLocalGovernanceSupportProgramme
and the Pourashava receives funds from central government
to undertake local development schemes and implement
projects. A proportion of the grants could be used for the
development of homes for the poor disabled, and inclusion
of persons with disability in the social safety net program of
the local government. Using the local government fund, skill
development training could be arranged for persons with
disability. A directive from central government is required to
ensure this service at local level. The proposed law can add a
section on the role and responsibility of local government in
addressingtheissueofdisabilities.
IntegrationofDisabilityIssuesinLocalPlanning–Inthelocal
level planning process, inclusion of the person with
disabilities and Disabled Person’s Organizations could
advocate and facilitate inclusion of disability issues in
mainstreaming the planning process. This involvement will
also make the local planner accountable to the person with
disability and that will facilitate allocation of local funds for
personswithdisabilitiesinBangladesh.Directivesareneeded
from the government for inclusion of disabled persons’
organizationsinUnionlevelandPourashavalevelplanning.
Monitoring Discrimination – A system of monitoring the
situation of the person with disabilities needs to be
introduced both at community level and in institutions. A
standard care practice manual needs to be prepared and

101. 99
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
training provided to the caregivers on minimum standard
care. Local government Institutions can also be given
responsibility to monitor the situation of inclusion of
disabled persons in the mainstream program. This activity
could be monitored through the Union Development
Coordination Committee, Upazila Development
Coordination Committee and District Development
CoordinationCommitteeandthiscouldhelpininstallationof
a local level monitoring system within the existing
coordinationmechanismofthegovernment.
ii ) Right to Accessibility
Clarification of Accessibility - The term Accessibility in
physical infrastructure, transport and ICT should be more
elaborately described and use of sign language, Braille
letters, cassettes, larger font sizes, and other means of
assistivetechnologyshouldberecognizedaspartoftheright
toaccessibilityforpersonswithdisabilities.
Enforcement of Existing Regulations - existing regulations
that make the physical environment, transportation,
information and communication, and other facilities and
services accessible to persons with disabilities must be
implemented and enforced, especially the use of sign
language, Braille letters, cassettes, larger font sizes, and
othermeansofassistivetechnology.
Physical Infrastructure - existing infrastructure is not
disabled friendly and not easily accessible by people with
different types of disabilities. While in the bus, train and

102. 100
steamer there are reserved seats, it is not easy to enter the
railway station or get onto trains, buses and launches. Most
schools have no toilet accessible for children with
disabilities. The office of the Bangladesh Human Rights
Commission is not easily accessible for wheel chair users.
These types of barriers need to be removed to ensure access
for all people. The universal design guide developed by Local
Government Engineering Department (LGED), could be
introducedandstrictlyfollowed.
Private sector involvement - It is the responsibility of the
government to ensure that the private sector makes services
accessible to the person with disabilities and at affordable
cost. In the case of expensive services, the government can
subsidize the cost according to the provisions of the national
healthpolicy.
Inclusive design for ICT - promote inclusive design for new
Information and Communication Technologies so that, from
the start, these are designed to be accessible to and easy to
usefordisabledpersons.
Awareness and legal bindings - Awareness among the mass
of people, policy makers and executives is required and legal
bindings to be set up and maintained. Monitoring
implementation must be an integral part of the task of the
competent authority. Any authority failing to take
appropriate action will be accused. These preventive
measures will ensure the accessibility of services to the
personwithdisabilities.

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The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
Standard of Access - There is a need to develop the standard
of care in all services and facilities that MUST be maintained
by the service provider as mandatory responsibility. Any
service provider failing to ensure this standard must be held
responsible and must give reasons for such failure. In the
case of negligence or carelessness, he/ she must
compensate. The government must develop minimum
access standards and guidelines for public services and
facilities. This will be updated periodically to adjust to the
requirement.
iii) Right to live in the Community
Awareness and involvement of local government - More
action and initiatives are needed to improve the living
standard of persons with disabilities, through raising
awareness of people in the community, service providers,
and employers. The policy makers would play a vital role to
revise or amend all related laws, acts, rules and policies. The
Local government elected representatives also would be
play a vital role to encourage employers to employ persons
with disabilities, which would contribute to the
developmentoftheirstandardofliving.
iv) Right to Health Care
Modification of Heath Policy – The Health Policy has no
section dealing with disability issues. Persons with
disabilities can play an important and valued role in every
community. So, they need health services to be included in
public health activities. It is the right of disabled persons,

104. 102
bothchildrenandadults,toreceivewell-timedinterventions
and services, and government as duty bearer has the
obligation to carry this out. So modification of the heath
policy according to the provisions of the CRPD is the first task
to ensure services for them. Assessments of disabilities have
no structured procedure. There is no early detection system,
so there is a need to introduce early detection and
intervention to improve the accessibility of health care to
children with disabilities and their families. Introduction of
an early detection system will ensure a quick response for
treatmentorspecializedintervention.
Improvement of Facilities and Rehabilitative Equipment –
There is a lack of accessible and affordable facilities and
rehabilitative equipment for persons with disabilities. This
results in very few people receiving the specialized health
care that they need. Assistive devices are not available,
expertisetoselectassistivedevicesisalsolacking.Therefore,
improvement of facilities and rehabilitative equipment is
oneoftheprimeneeds.
Expansion of specialized services – There is lack of facilities
for persons with disabilities in rural areas. Only a few
specialized hospitals have treatment facilities, for example,
one stop crisis centres located at Medical College Hospitals
only. All district and Upazila hospitals should have treatment
facilities and trained staff. Coverage of the Centre for the
Rehabilitation of the Paralysed (CRP) activities and its
CommunityBasedRehabilitation(CBR)needstobeexpanded.

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The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
More Investments – Allocation of budget for the
development of persons with disability is poor and budgets
are poorly managed due to lack of skills. There is a lack of
trained / skilled staff especially doctors, nurses, and
therapists. Assistive devices technicians and counselors are
not adequate. More investment is required for capacity
building / human resource development. Without these
opportunities, person with disabilities will continue to
experience health disparities, compared to the general
population and that will go against the fundamental rights
statedintheconstitution.
Minimum Heath Care Standard – Develop and monitor
minimum health care standards and guidelines for public
services and facilities. Publicize all the minimum standard
care.
v) Right to Education
Legal Requirement - Inclusive educational systems to be in
place from primary to higher education involving technical
andvocationaleducation.
Accessibility Surveys - In addition to prohibiting the creation
of new segregated schools and programs, accessibility
surveys should be conducted on current educational and
vocational training buildings, and plans and a budget should
be developed to retrofit such buildings and to provide
necessary accommodations and modifications in them for
useasinclusiveschools.

106. Integration of Programs - To be effective, the mandate of
inclusion will require rigid enforcement, including a
prohibition on the building or opening of any new special or
separate programs, schools, or institutions for children with
disabilities as well as eventually closing down or using for
other purposes all existing special schools, programs, and
institutions, and transferring the funds for separate schools
and programs to support the development of inclusive
schools, necessary accommodation, and training of
teachers, and the development of vocational and career
educationprogramsforyouthandadultswithdisabilities.
Establish a Bangla sign Language Institute – For persons
with hearing and speech disability, sign language will be the
first language. So the government should come forward to
establish a ‘Bangla Sign Language Institute’ which will
provide for research and training to develop, promote,
institutionalize and adopt a standard Bangla Sign Language
for ensuring the language right of persons with hearing
impairments. The government should also support NGOs
and private companies to set up a Bangla sign language
instituteforteachingofpersonswithhearingimpairments.
State declaration of sign language- A major portion of the
country’s physically challenged people is deaf and their
rights are always neglected. A State declaration of sign
language is a prerequisite to establish the rights of the
hearingimpaired.
104

107. Expanded curriculum for Braille Literacy - Reading and
writing are fundamental skills that contribute to a successful
and independent adult life. Braille allows people who are
blind or visually impaired to read and write independently.
The government should expand Braille literacy throughout
thecountrytoreachmorechildren.
Expansion of Program for Children affected by Autism and
other impairments Generally, only rich parents are able to
benefit from programs for autism and other impairments,
mostly in the urban areas. The government should increase
the facilities and coverage for a special needs education
programatdistrictandupazilalevel.
Teacher Training - Training teachers to consider the special
needs of children with disabilities is another low-cost but
highly effective strategy to help tackle discrimination and
keep children in school. Teachers are the primary factor in
predicting student success; teachers must learn how to
teach all students, with and without disabilities, and to
receive sufficient support to help them as they learn new
skills. The Primary Teacher Training Institute (PTI) should
modify its teacher training curriculum for Integration of
disabilityissuesandteachingtechniques.
Changing Attitudes - A large number of public servants are
not oriented and trained on disability and development.
Consequently, a lack of awareness, an indifferent attitude
and negative mind set act as serious obstacles for the
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The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

108. 43
development of persons with disabilities in Bangladesh . A
related co-requisite to the creation of an inclusive education
system is systematically challenging the attitudinal barriers
created by teachers, parents and society, generally. Social
acceptance among the teachers, SMC/ students / parents,
andcommunityasawholeisrequired.
Facilities and infrastructure - School buildings, seating
arrangements, toilet facilities, accessible roads and books all
are equally important and like human resources, these
shouldbeincreased.
vi) Right to Life and Protection
Support in Emergencies – The State must take reasonable
steps to ensure that disabled persons are protected and safe
in the situation of risk - such as, flood, river erosion and
natural disaster. The contingency plan for disaster
preparedness, rescue, relief and rehabilitation will consider
the vulnerabilities of disabled persons and prepare the
mitigation plan. There is a need to include specific
instructions in the Standing Order on Disaster related to
servicesandentitlementsduringandafterdisaster.
Communicate warning signals – In the coastal areas, tropical
cyclones and tidal bores are common disasters. These should
have information and communication systems to inform
106
43
Choudhuri, MA, (2009) National legislative measures on disability and its
harmonization with Convention on the Rights of Persons with Disabilities
(CRPD)inBangladesh,UNESCAP

109. visual and hearing disabled persons about danger signals. The
government must take reasonable steps to ensure that
disabledpeopleareprotectedandsafeinthesituationofsuch
risk. The contingency plan for disaster preparedness, rescue,
relief and rehabilitation should consider the vulnerabilities of
disabledpersonsandprepareamitigationplan.
Involving Disabled Persons’ Organisations (DPOs) - The
Disaster Risk Reduction (DRR) Network should work
together with other civil society organizations and Disabled
Persons’ Organizations (DPOs) to conduct surveys on the
impact of disasters on the lives of persons with disabilities
and their caregivers, compile good practices and lessons
learned from disaster risk reduction measures in the region,
andprovidecapacitybuildingtoDPOs.
Local strategic partnership– Red Cross volunteers should
have information about disabled persons in each cyclone
shelter area. They should make a special effort to take
disabled persons to the cyclone shelter and should ensure a
minimumstandardofcareintheshelter.
vii ) Access to Justice
Law support Centre – In all districts, the legal aid committee
should set up a cell to provide legal aid for getting justice.
Support through providing legal aid, sign language
Interpreter, victim and witness protection, police
investigation, support from the public prosecutors/
advocates need to be arranged at no cost with quality
services.
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The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

110. Training for the Law enforcement agency & Judiciary –
Training on the needs and problems of the person with
disabilities should be provided for all who are involved with
legal protection and support of the person with disabilities.
This will strengthen institutional capacity to reinforce the
law.
viii) Enforcement and Monitoring Mechanisms
Harmonizing National laws with the CRPD – the
government should consult with disabled persons, their
organizations and other stakeholders on how best to fulfill
the CRPD mandates. There are two distinct obligations
included here: the first is to bring legislation into conformity
44
with the CRPD and the other, to do so based on obligatory
consultations with persons with disabilities as experts in
45
theirownright .
Establishment of a Protection System - a comprehensive
protection system must be established that includes
identification, reporting, investigation, assessment,
recovery, and re-integration measures in case of neglect,
abuseandexploitationofpersonswithdisabilities.
Integration of Disability Issues in entire program planning -
when a building design gets passed, a ramp should be
included , when approving local transport, ensure that it is
108
44
Article4/1ofCRPD
45
Lunacy Act, 1912 (Act No. IV of 1912). This is an Act to consolidate and amend
thelawrelatingtoLunacy.ThisactdellwithReceptionofpersonsinasylumand
inheritanceandProcessionofproperty.

111. accessible for the person with disabilities, when including a
school for MPO ( Monthly Payment Order) ensure that the
teacherhastrainingondisabilityissues.
Training for different Professionals - One of the problems
related to enforcement and monitoring of services for
disabled persons is the lack of trained professional workers
to carryout the program withefficiency.These groups would
be wider professional groups like, teachers, health workers,
social workers, physicians and care givers working with
different shelter homes. Training for community outreach
workers/health workers can help in dissemination
awareness, child care messages and early detection of
disabilities. Parents and other family members are the best
resource, they need training so that they can support their
children / or adult family members with disabilities and take
homebasedcareandsupport.
Sensitization on Disability - the stakeholders who are
entrusted with the responsibility to uphold the laws and
policies are often inadequately informed and/ or not
adequately aware or sensitized on disability issues. As such,
disability is not prioritized as a rights issue and the national
documents are rarely disseminated. So sensitization of the
relatedstakeholdersisimportant.
Allocations of Business of the different ministries - All
development issues concerning disability are placed under
the Ministry of Social Welfare. As a result other Ministries
concerned with development work such as the Ministry of
109
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

112. Primary&MassEducation,MinistryofEducation,Ministryof
Women & Children Affairs, Ministry of Youth & Sports,
Ministry of Communication, Ministry of ICT, Ministry of
Informationetc.donottakeintoaccountdisabilityasacross-
cutting development issue in their respective Ministry’s
annual development programs. Allocations of Business of
the different Ministries of the government should be
inclusiveofconcernsofpersonswithdisabilities.
Separate Secretariat for Oversight and Implementation- a
SeparateSecretariatcan beestablishedfortheoversightand
implementation of the proposed law and the CRPD. This
secretariat will be responsible for monitoring
implementation and compliance and preparation of reports.
TheSecretariatshouldbeempoweredwith:
Development and implementation of Compliance
Monitoring/FacilityAudit/ClientSatisfactionAuditing
Data collection and Mapping of the initiatives /
intervention(whoisdoingwhat,whenandforwhom)
Strengthening of the Coordination Mechanism and
effective use of inter ministerial meetings and other
committeemeetingsatalllevels.
Reviewofthepolicieswhichdonotfullycoverdisability
aspectsandrecommendmodification,revisions.
Involvement of Local Government - The State could not
begin its work with the disabled at Upazila and union levels
as the disability welfare act does not involve the local
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110

113. government and rural development ministry in the task.
Inclusion of Local Government is a concern for immediate
action. Committees at union level in rural areas and Ward
level at municipalities and City Corporations could be the
appropriate vehicle to implement the provisions and create
linkagewithpersonswithdisabilitiesandtheirfamilies.
Involvement of Non-State Actors – The Non-State Actors
(NSA) can play a vital role in mobilization of support and act
as a pressure group. Programs should be developed that
facilitate the active participation of NSA. The Department of
Social Services could be given responsibilities to monitor the
complianceastheyaretheleadministryandhavestaffatthe
unionlevelandwardlevel.
Bangladesh has different laws to support the person with
disabilities through different service provisions. Many
national polices also have sections and sub sections on the
needs of the person with disabilities.Bangladesh is gradually
moving towards protecting the rights of the person with
disabilities through making new laws and amendment of
existing laws and policies, which are inconsistent with
various provisionsof the CRPD. But there is a lack of initiative
fromthegovernmenttoimplementthelawsandpolicies.
All States parties are obliged to submit regular reports to the
Committee on the Rights of Persons with Disabilities (CRPD)
on how the rights are being implemented. States must
6. Conclusion
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The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

114. report initially within two years of accepting the Convention
and thereafter every four years. The Bangladesh report has
not been submitted properly. If the committee received the
report it could examine the report and could make
suggestions and general recommendations on the report
and forward it to the government. This is mandatory to
complywithobligationsundertheCRPD.
112

115. 7. Bibliography
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Accelerating Growth and Reducing Poverty, Sixth 5
year Plan, FY2011-FY2015, strategic Directions and
Policy Framework, Planning Commission, Ministry of
Planning, Government of the People’s Republic of
Bangladesh
Annual Report, Developing a sustainable
infrastructure for the inclusion of deaf blind people in
Bangladesh, Eleanor Grieve, Programme Funding
Manager,UK,440SenseInternational,101Pentonville
Road,London,N19LG,June2009
Choudhuri Monsur Ahmed, Study on National
Legislative Measures on Disability and Its
Harmonization with Convention on the Rights of
Persons with Disabilities, Member, Committee on the
Rights of Persons with Disabilities, of UN Convention
ontheRightsofPersonswithDisabilities.
Constitution of the People’s Republic of Bangladesh
approvedonthefourthdayofNovember,1972
CSID, Educating Children in Difficult Circumstances:
Children With Disabilities, Effective Schools through
Enhanced Education Management, REDP, Study 2, July
2002
Disability at a Glance 2010, a Profile of 36 Countries
and Areas in Asia and the Pacific, The ESCAP
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Disabled People’s National Congregation
(Bangladesh), Statement of National Congregation of
Disabled People , Towards Discrimination & Poverty
Free Society , Through Disabled People’s Participation,
BangladeshProtibandhiKallyanSomity(BPKS)–2006
Edilberto Loaiza & Claudia Cappa, Measuring
Children’s Disability via, Household Surveys: The MICS
Experience, Paper presented at the 2005 Population
AssociationofAmerica(PAA)meeting,March30-April
2,2005.UNICEF,NewYork
Expert Group Meeting on Mainstreaming Disability in
MDG policies, processes and mechanisms:
Development for All, WHO Headquarters, Geneva,14-
16April,2009
Guidelines and Principles for the Development of
Disability Statistics, Statistics on Special Population
Groups Series Y No. 10, Department of Economic and
SocialAffairs,StatisticsDivision,UnitedNations,2001
Hansen Roland, Disability Inclusive DRR Network:
People with disabilities should have voice in disaster
prevention,MalteserInternational-Germany
Haque Shahidul, Disaster & Disability: The Role of the
local government to minimize the community risk
duringthedisaster.
Hossain Mosharraf, a round table on 'Disability
Inclusive National Budget 2012-13' organized by ADD
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Implementation Guide, Third Primary Education
Development Programme (PEDP –3), Directorate of
Primary Education, Ministry of Education,
GovernmentofBangladesh,2011
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challenged persons under social safety net, Seminar
titled "UN Convention on the Rights of Persons with
Disabilities"ScottRains,October2009
Mainstreaming disability in the development agenda,
Commission for Social Development, Forty-sixth
session, Item 3 (c) of the provisional agenda 6-15
February2008,
Md Mamunur Rashid, Technology for Disable People:
Bangladesh Perspective, Bangladesh Institute of
Management(www.bim.org.bd)
Political Access for People with Disabilities, Briefing
Paper Series, Electoral Participation of Citizens with
Disabilities, in Bangladesh: May - October 2001,
Volume II, Paper 2, June 2001 Political Access for
People with Disabilities, Briefing Paper Series,
Electoral Participation of Citizens with Disabilities, in
Bangladesh: May - October 2001, Volume II, Paper 2,
June 2001 Rights of Persons with Disabilities in the
Asia-Pacific,SaowalakThongkuay
Rashid MM, Ayan RM, Mamun DA, Tonny CE, Habib S
and Rahman R. (2006). Technology for Disable People
Achieves Millennium Development Goals: Bangladesh
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118. Perspectives, Proceedings of the Twenty-first Indian
Engineering Congress, December 22-24, 2006,
Guwahati,Assam,India
Report on Implementation of the Convention on the
Rights of Persons with Disabilities in Bangladesh,
submitted to the Office of the High Commissioner on
Human Rights (OHCHR), The Ministry of Social
Welfare, Government of the Peoples' Republic of
Bangladesh,May2010
Schulze Marianne , Understanding The UN Convention
On The Rights Of Persons With Disabilities, Handicap
International,July2010
Standing Orders on Disasters , Disaster Management
Bureau, Ministry of Food and Disaster Management,
Government of the People’s Republic of Bangladesh,
August2008
State of the Rights of Persons with Disabilities In
Bangladesh, 2009, Disability Rights Watch Group in
Bangladesh
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Bangladesh, Disability Rights Watch Group
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119. ! Zelina Sultana, Agony of Persons with Disability-A
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and Law, Vol. 3, No. 2; September 2010,
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120. 8. Annexes
Annex-1 Bangladesh Involvement in CRPD
Process
BangkokDraft: October2004
DhakaWorkshop: February2005
6thSessionofAHC: August 2005 (Demands
participation of children with
disabilities)
7thSessionofAHC: January 2006 (2 Children with
Disabilities from Bangladesh
participatedtheSession)
DhakaCRPDRoundtable: A p r i l 2 0 0 6 ( N a t i o n a l
positioningofGOBonCRPD)
8thSessionofAHC: August 2006 (First effective
participationofGOB)
EUConference: November2006
EntryintoforceCelebrations: May2008UNAdoptsCRPD: 13
December2006
Opensforsigning: 30March2007
BangladeshSignedCRPD: 09 May 2007 (As the 91st UN
MemberState)
BangladeshRatifiedCRPD: 30 November 2007 (As the 1st
MuslimState)
118

121. Annex-2 Milestones of the Disability Movement
in Bangladesh
Year Milestones
1972 Constitution of Bangladesh guaranteed equal rights
forallcitizen
1981 National Committee for the Observance of the
InternationalYearofDisabledPersonsformed
1981 1stNationalSeminaroftheMinistryofSocialWelfare
ontheInternationalYearofDisabledPersons
1990 Bangladesh ratifies the Convention on the Rights of
theChild
1991 NFOWDEstablished
1993 Bangladesh becomes a signatory country to the
ESCAPDecadeDeclaration
1993 Standard Rules on the Equalization of Opportunities
forPersonswithDisabilities
1995 AdoptionofaNationalPolicyonDisability
1997 DhakaDeclarationonCBRforPersonwithDisabilities
1998 Upon a proposal from Bangladesh, at its Summit in
Nepal, SAARC adopts a resolution to create a SAARC
DisabilityFund
1999 Declaration of first Wednesday of April as the
NationalDisabilityDay
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The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

122. 120
2000 GazettenotificationonestablishmentoftheNational
FoundationforDevelopmentoftheDisabledPersons
2001 National Parliament enacts “Disability Welfare Act
2001”
2001 Gazette notification on enactment of “Disability
WelfareAct2001”witheffectfromAugust1,2001
2001 First meeting of Inter-Ministerial Task-force on
Disability
2002 Declaration of short term and long term programs on
DisabilitybytheGovernmentofBangladesh
2003 GOB for the first time distributes funds to a large
numberofNGOsworkinginthefieldofDisability
2003 At the closing of a 3-day Regional Symposium, the
DhakaDeclarationonDisabilityisadopted
2004 Provisional approval of National Action Plan on
Disability by the Inter-Ministerial Taskforce on
Disability
2004 FirstnationalconsultationondraftCRPD
2007 BangladeshsignsCRPDasthe91stMemberState
2007 BangladeshratifiesCRPDasthe8thMemberState
2008 EntryintoForceofCRPD&OptionalProtocol
2008 BangladeshratifiesOPasthe16thMemberState

123. 121
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
2008 First Conference of State Parties on CRPD elects Mr
Monsur Ahmed Choudhuri of Bangladesh as
memberICRPD
2009 The Disability Rights Watch Group is officially
launchedinBangladesh
2009 National Committee for Monitoring the
ImplementationofCRPDisconstituted
2009 Bangladesh Parliamentarians’ Caucus on Disability
officially is launched in the Bangladesh National
Parliamentpremises

124. 122
Annex 3: Summary of the constitutional provisions
Major areas
of rights
Specific
reference
Summary of Provisions
It shall be a fundamental
responsibility of the State to
attain, through planned
economic growth, a constant
increase of productive
f o r c e s a n d a s t e a d y
improvement in the material and
cultural standard of living of the
people,withaviewtosecuringto
itscitizens–
15 (a) the provision of the basic
necessities of life, including food,
clothing, shelter, education and
medicalcare;
The State shall adopt effective
measuresforthepurposeof–
(a) establishing a uniform,
mass oriented and universal
system of education and
extending free and compulsory
education to all children to such
stage as may be determined by
law;
(b) relating education to the
needs of society and producing
properly trained and motivated
Article15(a)
Article17
Provision of
basic
Necessities
Free and
compulsory
education

125. 123
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
Major areas
of rights
Specific
reference
Summary of Provisions
citizenstoservethoseneeds;
The State shall endeavor to
ensureequalityofopportunityto
allcitizens.
(1) Work is a right, a duty and a
matter of honor for every citizen
who is capable of working and
everyone shall be paid for his
work on the basis of the principle
“from each according to his
abilities, to each according to his
work”.
(2) The State shall endeavor to
create conditions in which, as a
general principle, persons shall
not be able to enjoy unearned
incomes, and in which human
labour in every form, intellectual
and physical, shall become a
fuller expression of creative
endeavor and of the human
personality.
All citizens are equal before law
and are entitled to equal
protectionoflaw.
The State shall not discriminate
against any citizen on grounds
only of religion, race, caste, sex,
Article19.(1)
Article20
Article27
Article28(1)
Equality of
opportunity
Work as a
right and
duty
Equality
before Law
Discriminatio
n on grounds
of religion,
etc

126. 124
Major areas
of rights
Specific
reference
Summary of Provisions
orplaceofbirth
No citizen shall, on grounds only
of religion, race, caste, sex or
place of birth be subjected to
any disability, liability,
restriction or condition with
regard to access to any place of
public entertainment or resort,
or admission to any educational
institution
Nothing in this article shall
prevent the State from making
special provision in favor of
women or children or for the
advancement of any backward
sectionofcitizens
There shall be equality of
opportunity for all citizens in
respect of employment or office
intheserviceoftheRepublic.
No citizen shall, on grounds only
of religion, race, caste, sex or
place of birth, be ineligible for, or
discriminated against in respect
of any employment or office in
theserviceoftheRepublic.
Nothing in this article shall
preventtheStatefrom–
Article-28
(3)
Article-28
(4)
Article29(1)
Article29(2)
Article29(3)
Equality of
opportunity
in public
employment

127. 125
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
Major areas
of rights
Specific
reference
Summary of Provisions
(a) making special provision in
favor of any backward section
of citizens for the purpose of
securing their adequate
representation in the service of
the Republic;(b) giving effect to
any law which makes provision
for reserving appointments
relating to any religious or
denominational institution to
persons of that religion or
denomination;(c) reserving for
members of one sex any class of
employment or office on the
ground that it is considered by
its nature to be unsuited to
membersoftheoppositesex.
To enjoy the protection of the
law, and to be treated in
accordance with law, and only in
accordance with law, is the
inalienable right of every citizen,
wherever he may be, and of
every other person for the time
being within Bangladesh, and in
particular no action detrimental
to the life, liberty, body,
reputation or property of any
person shall be taken except in
Article31Right to
protection of
law

128. 126
Major areas
of rights
Specific
reference
Summary of Provisions
accordancewithlaw.
No person shall be deprived of
life or personal liberty saves in
accordancewithlaw.
Subject to any reasonable
restrictions imposed by law in the
public interest, every citizen shall
have the right to move freely
throughout Bangladesh, to reside
andsettleinanyplacethereinand
toleaveandre-enterBangladesh.
Subject to any restrictions
imposed by law, every citizen
shall have the right to acquire,
hold, transfer or otherwise
dispose of property, and no
property shall be compulsorily
acquired, nationalized or
requisitioned save by authority of
law.
A person is disqualified for
electionas, or for being, a member
of Parliament who (a) is declared
by a competent court to be of
unsoundmind
A person shall be entitled to be
enrolledontheelectoralrollfora
constituency if he does not stand
Article32
Article36
Article42(1)
Article66(2)
Article 122
(2)c
Protection of
right to life
and personal
liberty
Freedom of
movement
Rights to
property
Qualifications
and
Disqualificatio
ns for election
to Parliament
Qualifications
for
registration
as voter

129. 127
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
Annex 4. National Laws and policies linked with
disability issues
1. BangladeshLaborLaw,2006;
2. BangladeshPersonswithDisabilityWelfareAct2001;
3. BuildingConstructionRules,1996;
4. ChildrenAct2010(Draft);
5. ChildrenAct,1974;
6. CodeofCriminalProcedures,1898;
7. DhakaMohanagorBuildingConstructionRules,
2006;
8. LegalAidAct,2000;
9. LocalGovernment(Paurasava)Act,2009;
10. LocalGovernment(UnionParishad)Act,2009;
45
11. LunacyAct ,1912;
12. NationalChildLaborEliminationPolicy,2010;
13. NationalChildrenpolicy2011;
14. NationalEducationPolicy,2010;
15. NationalFoodPolicy,2006;
16. NationalHealthPolicy,2011.
17. NationalPlanofActionNPA-II(2003-2015)
45
Lunacy Act, 1912 (Act No. IV of 1912). This is an Act to consolidate and amend
thelawrelatingtoLunacy.ThisactdellwithReceptionofpersonsinasylumand
inheritanceandProcessionofproperty.

130. 128
18. NationalPolicyconcerningdisabledpersons,1995;
19. NationalSocialWelfarePolicy,2005;
20. NationalWomenDevelopmentPolicy,2011;
21. NationalYouthPolicy,2003;
22. PrimaryEducationDevelopmentProgrammeIII,
2011;
23. PenalCode,1860;
24. ProposedRightsforPersonswithDisabilityLaw2011
(Draft);
25. SixthFive-YearPlan(2011-2015);
46
26. StandingorderonDisaster,2008
47
27. 'NationalTrustAct,2012
46
Standing Orders on Disasters is the compendium of all instructions and policies
of the government to be followed in disaster preparedness, response and
recovery phases. The SOD has developed by Disaster Management Bureau,
Ministry of Food and Disaster Management, Government of the People’s
RepublicofBangladesh,August2008,
47
'National Trust Act, 2012 for the welfare of the people with Autism, Cerebral
Palsy,DownSyndrome,IntelligenceandOtherNeuroticDisability(proposed)'.

131. 129
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
Annex 5. National Laws and policies and their
Banglades
h Labor
Law, 2006
Building
Constructi
on Act
1952
Building
constructio
n Rules,
2006
Section-6
Section-12
Rule-5(5)
and Rule-
13.
Rule-75
This law is acceptable everywhere in
Bangladesh [Article 1 (3)] but will not
be applicable for the person with
disabilities[Article1(4),3(Gha)]
There is no specific section in support
of worker who has different types of
disabilities.
In the Section-6 of Bangladesh Labor
Law, 2006 there are some safeguard
or security issues mentioned to
protect the labor, and, in the Section-
12 mentioned on Compensation for
laborinaccidentalcases.
To accomplish the purpose of the
Building Construction Act 1952
Bangladesh government constituted
the Building Construction Rules, 1996
and the Dhaka Mohanagar Building
Construction Rules, 2006. The
Building Construction Rules, 1996 lay
down provision for ramp in its Rule-
5(5)andRule-13.
It provides rules for easy accessibility
of disabled people in all appropriate
buildings. Rule-75 provides special
provision for universal accessibility
includingdisabledPerson.
Section/Sub
section
ProvisionsLaw/Policy

132. 130
Children
Act (2010)
Proposed
Legal Aid
Act, 2000
Local
Govern
ment
(Paurasava)
Act, 2009
Section 35
(h)
Section
2(a)
Section 6
Schedule-3 set up a minimum
standard for easy accessibility of
disabled Person in building. This
standard is set up for easy access
throughspecificprovisionforentry or
exit, ramp or handrail, lift, parking
spaces,washroomandtoilet.
Children with disabilities and need
special care are recognized and
special attention will be given for
them.
The purpose of this Act is to give legal
aid to those persons who are poor,
insolvent, destitute and otherwise
incapacitated, for socio-economic
reasons, to be engaged in legal fights.
This Act contains no specific
provisions for persons with
disabilities, but the terms 'persons
who are poor, insolvent, destitute
and otherwise incapacitated, for
socio-economic reasons' might
includepersonswithdisabilities.
There is no section in the Act related
to the rights, protection and services
for the Person with Disabilities and
special emphasis for social safety net
programs
Section/Sub
section
ProvisionsLaw/Policy

133. 131
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
Local
Governme
nt (Union
Parishad)
Act, 2009
National
Food Policy
of 2006
National
Child Labor
Elimination
Policy,
2010
National
Children
Policy
2011
Strategy
2.3.1
Section-11
Section 5.
Section -6
There is no section in these two Acts
related to the rights, protection and
services for the Person with
Disabilities
This policy was developed to achieve
food security for all. A number of
objectives and strategies under the
policy address the needs of persons
withdisabilities.
Section-11 titled, ‘Special Action Plan
for the Physically Challenged,
Specially Disadvantaged, Street
Children, Backward and Ethnic
Children’, where it’s mentioned
about Physically challenged children.
In this section states, The
Government is to take special
measures for the physically and
mentallychallengedchildren.
Stepswillbetakentoprovideservices
in terms of the needs of girl children,
disables and kids with special needs
(5.2)
Section 6.8 Special activities for
disablechildren.
6.8.1Ensure‘Rightstosurvival’.
Section/Sub
section
ProvisionsLaw/Policy

134. 132
National
Education
Policy 2010
Section 21,
22 and 23
of Section-
2
Section 18-
part (18.a)
Section 20
6.8.2 To ensure active participation in
allspheresoflive
6.8.3 Special education system for
students who will not be able to enter
the mainstream education for
unavoidablereasons.
6.8.4 Appropriate institutional
activitieswillbetaken.
6.8.5 Families with disable children
will be given special support for the
maintenance of their disable
children.
6.8.6 All infrastructure, facilities and
serviceswillbeaccessible
6.9 Special program for autistic
children.
Section 6.12.1 Protection of Children
and Children with Disability during
DisasterandPost-Disaster
Basic Principle for Education for
DisabledChildinmainstreaming
It details goal and strategy of the
EducationforPersonwithDisabilities
Library
Section/Sub
section
ProvisionsLaw/Policy

135. 133
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
National
Plan of
Action,
NPA-II
(2003-
2015)
National
Health
Policy,
2011
National
Social
Welfare
Policy 2005
Section 21
Section 21
5.A , 5.1
Section 8
Examinationandevaluation
Curriculum,ContentandTextbook
Vision of Basic and Primary Education
by 2015 (iii) All primary school-age
children (6-10 years), boys and girls,
including all ethnic groups,
disadvantaged and disabled, are
enrolled and successfully completing
the primary cycle and achieving
qualityeducation;
In the National Health Policy 2011,
there is no issue on PwD mentioned
in the Main Goal Part; but, in the
section 3 of Basic Principle part, PwD
word used only with other
disadvantaged people for provide
special support. In the section 31 of
Strategy part, “Physically and
Mentally Disabled Person” words are
used for attention on special health
careandspecialprogramme.
In the National Social Welfare Policy
there is a separate section titled,
“Welfare Programmes for the
persons with disabilities”, where
describes strategy for work (sub
section 8.1), guideline for action (sub
section8.2).
Section/Sub
section
ProvisionsLaw/Policy

136. 134
National
Policy on
Disability
1995
National
Social
Welfare
Policy,
2005
National
Women
Developme
nt Policy
2011
National
youth
policy 2003
National
Sports
Section 8
In the
Section 2
Section39
Section 4
The National Policy on Disability 1995
is a compilation of policies to ensure
all rights and facilities for persons
withdisabilities.
Welfare programmes for the persons
withdisability
In the Section 2 (Special activities for
Disable Women), Section 39 of the
National Women Development
Policy, 2011 mentioned in details for
protectrightsofthedisablewomen.
Section4:(Rightsoftheyouth)
Youth with disabilities and other
disadvantage will be included in the
socialsafetynetprogram[4.4]
Section 5 (Responsibility of Youth)
states, Create attitude of respect and
service for the women, children,
a g e i n g P e r s o n , P W D a n d
disadvantagedpeople[5.4]
It provides the promotion of sports
for persons with disabilities with the
supportfromthegovernment.
Section/Sub
section
ProvisionsLaw/Policy

137. 135
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
Policy 1998
National
ICT Policy
2008
Penal Code
The Right
To
Information
Act, 2009
Section 9
(10).
ICT policy addressed persons with
disabilities very firmly. The first
objective of this policy ‘Social Equity’
states, ensure social equity, gender
parity, equal opportunity and
equitable participation in nation-
building through access to ICT for all,
including persons with disabilities
andspecialneeds.
Section-84 of the Penal Code states-
Nothing is an offence which is done
by a person who, at the time of doing
it, by reason of unsoundness of mind,
is incapable of knowing the nature of
the act, or that he is doing what is
eitherwrongorcontrarytolaw.
The Right to Information Act of 2009
states that concerned responsible
officers will help Person with sensory
disabilities to gain information. This
sub-section also states that the
concerned officer will provide all
necessary assistance to demonstrate
information to person with
disabilities.
Section/Sub
section
ProvisionsLaw/Policy

138. 136
Protibandhi
Kollyan Ain,
2001
(Disability
Welfare Act
2001)
Sixth five
year plan
FY2011-
FY2015
Act is to protect and safeguard the
rights and dignity of the persons with
disability, ensure their participation
in the national and social
programmes and their general
welfare. This act is based on the
welfare approach to address the
needsofthepersonwithdisabilities.
Accelerating Growth and Reducing
Poverty, A National Disability Action
Plan has been formulated involving
all related ministries. The Ministry of
Social Welfare has taken up programs
for enabling and integrating persons
with disabilities with mainstream of
society through various programs
including stipend programs for
students, subsistence allowance, skill
training, and interest free micro
credit.
Action will be taken in the health
sector to (i) strengthen early
detection of symptoms of disability
and provide primary medical
rehabilitation; (ii) undertake a
nutrition program for pregnant
women; (iii) appoint trainee doctors,
nurses and other caregivers to deal
Section/Sub
section
ProvisionsLaw/Policy

139. 137
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance
Standing
Order on
Disaster
2008
Danger
Signal No.
VI
with disability issues; and (iv)
introduce support services of
assistive devices and equipment at
thehealthcenters.
Warning Signals for Sea and River
Ports [Danger Signal No. VI] The first
responding institutions should come
forwardtohelppeople,especiallythe
women, children, elderly and the
disable and wait until further notice
from the Emergency Operation
Centre(EOC)
Ministry of Women and Children
Affairs (MoWCA) will ensure that the
newly constructed cyclone shelters
create separate facilities for women,
children,elderlyandthedisable.
Ministry of Social Welfare (MoSW)
will prepare a practical plan for socio-
economic rehabilitation of the
disabled, widows and children and
submit to the competent authority as
postdisasterrehabilitationprogram.
Section/Sub
section
ProvisionsLaw/Policy

140. 138
The Lunacy
Act 1912
The Hindu
Inheritance
(Removal
of
Disabilities)
Act, 1928
Section 5,
5, 14 & 15
The Act dealt with mentally
challenged persons. Section 3 (5) of
the Act defines a lunatic as an idiot or
apersonofunsoundmind.
The Lunacy Act 1912 is still enforced
in Bangladesh. In many instances
persons with intellectual disabilities
and persons with psycho-social
disabilities become victim by this act
due to interpretation of the act by the
court.
The Hindu inheritance (Removal of
Disabilities) Act, 1928 excludes
persons with intellectual disabilities
and psycho-social disabilities from
inheritance or from any right or share
injoint-familyproperty.
Section/Sub
section
ProvisionsLaw/Policy

141. Annex 6: Convention on the Rights of Persons
with Disabilities
Preamble
TheStatesPartiestothepresentConvention,
(a)Recalling the principles proclaimed in the Charter of
the United Nations which recognize the inherent
dignity and worth and the equal and inalienable rights
of all members of the human family as the foundation
offreedom,justiceandpeaceintheworld,
(b)Recognizing that the United Nations, in the Universal
Declaration of Human Rights and in the International
Covenants on Human Rights, has proclaimed and
agreed that everyone is entitled to all the rights and
freedoms set forth therein, without distinction of any
kind,
(c) Reaffirming the universality, indivisibility,
interdependence and interrelatedness of all human
rights and fundamental freedoms and the need for
persons with disabilities to be guaranteed their full
enjoymentwithoutdiscrimination,
(d)Recalling the International Covenant on Economic,
Social and Cultural Rights, the International Covenant
on Civil and Political Rights, the International
Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Elimination of All
Forms of Discrimination against Women, the
139
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

142. Convention against Torture and Other Cruel, Inhuman
orDegradingTreatmentorPunishment,theConvention
on the Rights of the Child, and the International
Convention on the Protection of the Rights of All
MigrantWorkersandMembersofTheirFamilies,
(e)Recognizing that disability is an evolving concept and
that disability results from the interaction between
persons with impairments and attitudinal and
environmental barriers that hinders their full and
effectiveparticipationinsocietyonanequalbasiswith
others,
(f) Recognizing the importance of the principles and
policy guidelines contained in the World Programme
of Action concerning Disabled Persons and in the
Standard Rules on the Equalization of Opportunities
for Persons with Disabilities in influencing the
promotion, formulation and evaluation of the policies,
plans, programmes and actions at the national,
regional and international levels to further equalize
opportunitiesforpersonswithdisabilities,
(g)Emphasizing the importance of mainstreaming
disability issues as an integral part of relevant
strategiesofsustainabledevelopment,
(h)Recognizing also that discrimination against any
person on the basis of disability is a violation of the
inherentdignityandworthofthehumanperson,
140

143. (i) Recognizing further the diversity of persons with
disabilities,
(j) Recognizing the need to promote and protect the
human rights of all persons with disabilities, including
thosewhorequiremoreintensivesupport,
(k)Concerned that, despite these various instruments
andundertakings,personswithdisabilitiescontinueto
facebarriersintheirparticipationasequalmembersof
society and violations of their human rights in all parts
oftheworld,
(l) Recognizing the importance of international
cooperation for improving the living conditions of
persons with disabilities in every country, particularly
indevelopingcountries,
(m)Recognizing the valued existing and potential
contributions made by persons with disabilities to the
overall well-being and diversity of their communities,
and that the promotion of the full enjoyment by
persons with disabilities of their human rights and
fundamental freedoms and of full participation by
persons with disabilities will result in their enhanced
sense of belonging and in significant advances in the
human, social and economic development of society
andtheeradicationofpoverty,
(n)Recognizingtheimportanceforpersonswithdisabilities
of their individual autonomy and independence,
includingthefreedomtomaketheirownchoices,
141
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

144. (o)Considering that persons with disabilities should have
the opportunity to be actively involved in decision-
making processes about policies and programmes,
includingthosedirectlyconcerningthem,
(p)Concerned about the difficult conditions faced by
persons withdisabilitieswho aresubject to multipleor
aggravated forms of discrimination on the basis of
race, colour, sex, language, religion, political or other
opinion, national, ethnic, indigenous or social origin,
property,birth,ageorotherstatus,
(q)Recognizing that women and girls with disabilities are
oftenatgreaterrisk,bothwithinandoutsidethehome
of violence, injury or abuse, neglect or negligent
treatment,maltreatmentorexploitation,
(r) Recognizing that children with disabilities should have
full enjoyment of all human rights and fundamental
freedoms on an equal basis with other children, and
recalling obligations to that end undertaken by States
PartiestotheConventionontheRightsoftheChild,
(s) Emphasizing the need to incorporate a gender
perspectiveinalleffortstopromotethefullenjoyment
of human rights and fundamental freedoms by
personswithdisabilities,
(t) Highlighting the fact that the majority of persons with
disabilities live in conditions of poverty, and in this
regard recognizing the critical need to address the
negativeimpactofpovertyonpersonswithdisabilities,
142

145. (u)Bearing in mind that conditions of peace and security
based on full respect for the purposes and principles
contained in the Charter of the United Nations and
observance of applicable human rights instruments
are indispensable for the full protection of persons
with disabilities, in particular during armed conflicts
andforeignoccupation,
(v)Recognizing the importance of accessibility to the
physical, social, economic and cultural environment,
to health and education and to information and
communication, in enabling persons with disabilities
to fully enjoy all human rights and fundamental
freedoms,
(w)Realizing that the individual, having duties to other
individuals and to the community to which he or she
belongs, is under a responsibility to strive for the
promotion and observance of the rights recognized in
theInternationalBillofHumanRights,
(x) Convinced that the family is the natural and
fundamental group unit of society and is entitled to
protection by society and the State, and that persons
with disabilities and their family members should
receive the necessary protection and assistance to
enable families to contribute towards the full and
equal enjoyment of the rights of persons with
disabilities,
143
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

146. (y)Convinced that a comprehensive and integral
international convention to promote and protect the
rights and dignity of persons with disabilities will make
a significant contribution to redressing the profound
social disadvantage of persons with disabilities and
promote their participation in the civil, political,
economic, social and cultural spheres with equal
opportunities, in both developing and developed
countries,
Have agreed as follows:
Article 1 : Purpose
The purpose of the present Convention is 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.
Persons with disabilities include those who have long-term
physical, mental, intellectual or sensory impairments which
in interaction with various barriers may hinder their full and
effective participation in society on an equal basis with
others.
Article 2 : Definitions
ForthepurposesofthepresentConvention:
“Communication” includes languages, display of text,
Braille, tactile communication, large print, accessible
multimedia as well as written, audio, plain-language,
144

147. human-reader and augmentative and alternative modes,
means and formats of communication, including accessible
informationandcommunicationtechnology;
“Language” includes spoken and signed languages and other
formsofnonspokenlanguages;
“Discrimination on the basis of disability” means any
distinction, exclusion or restriction on the basis of disability
which has the purpose or effect of impairing or nullifying the
recognition, enjoyment or exercise, on an equal basis with
others, of all human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field. It
includes all forms of discrimination, including denial of
reasonableaccommodation;
“Reasonable accommodation” means necessary and
appropriate modification and adjustments not imposing a
disproportionate or undue burden, where needed in a
particular case, to ensure to persons with disabilities the
enjoyment or exercise on an equal basis with others of all
humanrightsandfundamentalfreedoms;
“Universal design” means the design of products,
environments, programmes and services to be usable by all
people, to the greatest extent possible, without the need for
adaptation or specialized design. “Universal design” shall
not exclude assistive devices for particular groups of persons
withdisabilitieswherethisisneeded.
145
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

148. Article 3 : General principles
TheprinciplesofthepresentConventionshallbe:
(a)Respect for inherent dignity, individual autonomy
including the freedom to make one’s own choices, and
independenceofpersons;
(b)Non-discrimination;
(c) Full and effective participation and inclusion in
society;
(d)Respect for difference and acceptance of persons with
disabilitiesaspartofhumandiversityandhumanity;
(e)Equalityofopportunity;
(f) Accessibility;
(g)Equalitybetweenmenandwomen;
(h)Respect for the evolving capacities of children with
disabilities and respect for the right of children with
disabilitiestopreservetheiridentities.
Article 4 : General obligations
1. States Parties undertake to ensure and promote the
full realization of all human rights and fundamental
freedoms for all persons with disabilities without
discrimination of any kind on the basis of disability. To
thisend,StatesPartiesundertake:
(a)To adopt all appropriate legislative, administrative
and other measures for the implementation of the
rightsrecognizedinthepresentConvention;
146

149. (b)To take all appropriate measures, including
legislation, to modify or abolish existing laws,
regulations, customs and practices that constitute
discriminationagainstpersonswithdisabilities;
(c) To take into account the protection and promotion
ofthehumanrightsofpersonswithdisabilitiesinall
policiesandprogrammes;
(d)To refrain from engaging in any act or practice that
is inconsistent with the present Convention and to
ensurethatpublicauthoritiesandinstitutionsactin
conformitywiththepresentConvention;
(e)To take all appropriate measures to eliminate
discrimination on the basis of disability by any
person,organizationorprivateenterprise;
(f) To undertake or promote research and
development of universally designed goods,
services, equipment and facilities, as defined in
article 2 of the present Convention, which should
require the minimum possible adaptation and the
least cost to meet the specific needs of a person
with disabilities, to promote their availability and
use, and to promote universal design in the
developmentofstandardsandguidelines;
(g)To undertake or promote research and
development of, and to promote the availability
and use of new technologies, including information
and communications technologies, mobility aids,
147
The Convention on the Rights of Persons with Disabilities: A Study on Bangladesh Compliance

150. devices and assistive technologies, suitable for
persons with disabilities, giving priority to
technologiesatanaffordablecost;
(h)To provide accessible information to persons with
disabilities about mobility aids, devices and
assistive technologies, including new technologies,
as well as other forms of assistance, support
servicesandfacilities;
(i) To promote the training of professionals and staff
working with persons with disabilities in the rights
recognized in this Convention so as to better
provide the assistance and services guaranteed by
thoserights.
2. With regard to economic, social and cultural rights,
each State Party undertakes to take measures to the
maximum of its available resources and, where
needed, within the framework of international
cooperation, with a view to achieving progressively
the full realization of these rights, without prejudice to
those obligations contained in the present Convention
that are immediately applicable according to
internationallaw.
3. In the development and implementation of legislation
and policies to implement the present Convention,
and in other decision-making processes concerning
issues relating to persons with disabilities, States
Parties shall closely consult with and actively involve
148

151. persons with disabilities, including children with
disabilities, through their representative
organizations.
4. Nothing in the present Convention shall affect any
provisionswhicharemoreconducivetotherealization
oftherightsofpersonswithdisabilitiesandwhichmay
becontainedinthelawofaStatePartyorinternational
law in force for that State. There shall be no restriction
upon or derogation from any of the human rights and
fundamental freedoms recognized or existing in any
State Party to the present Convention pursuant to law,
conventions, regulation or custom on the pretext that
the present Convention does not recognize such rights
or freedoms or that it recognizes them to a lesser
extent.
5. The provisions of the present Convention shall extend
to all parts of federal states without any limitations or
exceptions.
Article 5 : Equality and non-discrimination
1. States Parties recognize that all persons are equal
before and under the law and are entitled without any
discrimination to the equal protection and equal
benefitofthelaw.
2. States Parties shall prohibit all discrimination on the
basis of disability and guarantee to persons with
disabilities equal and effective legal protection against
discriminationonallgrounds.
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152. 3. In order to promote equality and eliminate
discrimination, States Parties shall take all appropriate
steps to ensure that reasonable accommodation is
provided.
4. Specificmeasureswhicharenecessarytoaccelerateor
achieve de facto equality of persons with disabilities
shall not be considered discrimination under the
termsofthepresentConvention.
Article 6 : Women with disabilities
1. States Parties recognize that women and girls with
disabilities are subject to multiple discrimination, and
inthisregardshalltakemeasurestoensurethefulland
equal enjoyment by them of all human rights and
fundamentalfreedoms.
2. States Parties shall take all appropriate measures to
ensure the full development, advancement and
empowerment of women, for the purpose of
guaranteeing them the exercise and enjoyment of the
humanrightsandfundamentalfreedomssetoutinthe
presentConvention.
Article 7 : Children with disabilities
1. States Parties shall take all necessary measures to
ensure the full enjoyment by children with disabilities
of all human rights and fundamental freedoms on an
equalbasiswithotherchildren.
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153. 2. In all actions concerning children with disabilities, the
best interests of the child shall be a primary
consideration.
3. States Parties shall ensure that children with
disabilities have the right to express their views freely
on all matters affecting them, their views being given
due weight in accordance with their age and maturity,
on an equal basis with other children, and to be
provided with disability and age-appropriate
assistancetorealizethatright.
Article 8 : Awareness-raising
1. StatesPartiesundertaketoadoptimmediate,effective
andappropriatemeasures:
(a)To raise awareness throughout society, including at
the family level, regarding persons with disabilities,
and to foster respect for the rights and dignity of
personswithdisabilities;
(b)To combat stereotypes, prejudices and harmful
practices relating to persons with disabilities,
including those based on sex and age, in all areas of
life;
(c) To promote awareness of the capabilities and
contributionsofpersonswithdisabilities.
2. Measurestothisendinclude:
(a)Initiating and maintaining effective public
awarenesscampaignsdesigned:
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154. (i) To nurture receptiveness to the rights of persons
withdisabilities;
(ii)To promote positive perceptions and greater social
awarenesstowardspersonswithdisabilities;
(iii)To promote recognition of the skills, merits and
abilities of persons with disabilities, and of their
contributions to the workplace and the labour
market;
(b)Fostering at all levels of the education system,
including in all children from an early age, an
attitude of respect for the rights of persons with
disabilities;
(c) Encouraging all organs of the media to portray
persons with disabilities in a manner consistent
withthepurposeofthepresentConvention;
(d)Promoting awareness-training programmes
regarding persons with disabilities and the rights of
personswithdisabilities.
Article 9 : Accessibility
1. To enable persons with disabilities to live
independently and participate fully in all aspects of
life, States Parties shall take appropriate measures to
ensure to persons with disabilities access, on an equal
basis with others, to the physical environment, to
transportation, to information and communications,
including information and communications
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155. technologies and systems, and to other facilities and
services open or provided to the public, both in urban
andinruralareas.Thesemeasures,whichshallinclude
the identification and elimination of obstacles and
barrierstoaccessibility,shallapplyto,interalia:
(a)Buildings, roads, transportation and other indoor
and outdoor facilities, including schools, housing,
medicalfacilitiesandworkplaces;
(b)Information, communications and other services,
including electronic services and emergency
services.
2. StatesPartiesshallalsotakeappropriatemeasuresto:
(a)Develop, promulgate and monitor the
implementation of minimum standards and
guidelines for the accessibility of facilities and
servicesopenorprovidedtothepublic;
(b) Ensure that private entities that offer facilities and
services which are open or provided to the public
take into account all aspects of accessibility for
personswithdisabilities;
(c) Provide training for stakeholders on accessibility
issuesfacingpersonswithdisabilities;
(d) Provide in buildings and other facilities open to the
public signage in Braille and in easy to read and
understandforms;
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156. (e)Provideformsofliveassistanceandintermediaries,
including guides, readers and professional sign
language interpreters, to facilitate accessibility to
buildingsandotherfacilitiesopentothepublic;
(f) Promote other appropriate forms of assistance and
support to persons with disabilities to ensure their
accesstoinformation;
(g)Promote access for persons with disabilities to new
information and communications technologies and
systems,includingtheInternet;
(h)Promote the design, development, production and
distribution of accessible information and
communications technologies and systems at an
early stage, so that these technologies and systems
becomeaccessibleatminimumcost.
Article 10 : Right to life
States Parties reaffirm that every human being has the
inherent right to life and shall take all necessary measures to
ensureitseffectiveenjoymentbypersonswithdisabilitieson
anequalbasiswithothers.
Article 11 : Situations of risk and humanitarian
emergencies
States Parties shall take, in accordance with their obligations
under international law, including international
humanitarian law and international human rights law, all
necessary measures to ensure the protection and safety of
persons with disabilities in situations of risk, including
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157. situations of armed conflict, humanitarian emergencies and
theoccurrenceofnaturaldisasters.
Article 12 : Equal recognition before the law
1. States Parties reaffirm that persons with disabilities
have the right to recognition everywhere as persons
beforethelaw.
2. States Parties shall recognize that persons with
disabilities enjoy legal capacity on an equal basis with
othersinallaspectsoflife.
3. States Parties shall take appropriate measures to
provide access by persons with disabilities to the
support they may require in exercising their legal
capacity.
4. States Parties shall ensure that all measures that relate
to the exercise of legal capacity provide for
appropriate and effective safeguards to prevent abuse
in accordance with international human rights law.
Such safeguards shall ensure that measures relating to
the exercise of legal capacity respect the rights, will
and preferences of the person, are free of conflict of
interest and undue influence, are proportional and
tailored to the person’s circumstances, apply for the
shortest time possible and are subject to regular
review by a competent, independent and impartial
authority or judicial body. The safeguards shall be
proportional to the degree to which such measures
affecttheperson’srightsandinterests.
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158. 5. Subject to the provisions of this article, States Parties
shall take all appropriate and effective measures to
ensure the equal right of persons with disabilities to
own or inherit property, to control their own financial
affairs and to have equal access to bank loans,
mortgages and other forms of financial credit, and
shall ensure that persons with disabilities are not
arbitrarilydeprivedoftheirproperty.
Article 13 : Access to justice
1. States Parties shall ensure effective access to justice
for persons with disabilities on an equal basis with
others, including through the provision of procedural
and age-appropriate accommodations, in order to
facilitate their effective role as direct and indirect
participants, including as witnesses, in all legal
proceedings, including at investigative and other
preliminarystages.
2. In order to help to ensure effective access to justice for
persons with disabilities, States Parties shall promote
appropriate training for those working in the field of
administration of justice, including police and prison
staff.
Article 14 : Liberty and security of the person
1. States Parties shall ensure that persons with
disabilities,onanequalbasiswithothers:
(a) Enjoytherighttolibertyandsecurityofperson;
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159. (b)Are not deprived of their liberty unlawfully or
arbitrarily, and that any deprivation of liberty is in
conformity with the law, and that the existence of a
disability shall in no case justify a deprivation of
liberty.
2. States Parties shall ensure that if persons with
disabilities are deprived of their liberty through any
process, they are, on an equal basis with others,
entitled to guarantees in accordance with
international human rights law and shall be treated in
compliance with the objectives and principles of this
Convention, including by provision of reasonable
accommodation.
Article 15 : Freedom from torture or cruel, inhuman or
degrading treatment or punishment
1. No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment. In
particular, no one shall be subjected without his or her
freeconsenttomedicalorscientificexperimentation.
2. States Parties shall take all effective legislative,
administrative, judicial or other measures to prevent
persons with disabilities, on an equal basis with
others, from being subjected to torture or cruel,
inhumanordegradingtreatmentorpunishment.
Article 16 : Freedom from exploitation, violence and abuse
1. States Parties shall take all appropriate legislative,
administrative, social, educational and other
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160. measures to protect persons with disabilities, both
within and outside the home, from all forms of
exploitation, violence and abuse, including their
gender-basedaspects.
2. States Parties shall also take all appropriate measures
to prevent all forms of exploitation, violence and
abuse by ensuring, inter alia, appropriate forms of
gender- and age-sensitive assistance and support for
persons with disabilities and their families and
caregivers, including through the provision of
information and education on how to avoid, recognize
and report instances of exploitation, violence and
abuse. States Parties shall ensure that protection
servicesareage-,gender-anddisability-sensitive.
3. In order to prevent the occurrence of all forms of
exploitation, violence and abuse, States Parties shall
ensure that all facilities and programmes designed to
serve persons with disabilities are effectively
monitoredbyindependentauthorities.
4. States Parties shall take all appropriate measures to
promote the physical, cognitive and psychological
recovery, rehabilitation and social reintegration of
persons with disabilities who become victims of any
form of exploitation, violence or abuse, including
through the provision of protection services. Such
recovery and reintegration shall take place in an
environment that fosters the health, welfare, self-
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161. respect, dignity and autonomy of the person and takes
intoaccountgender-andage-specificneeds.
5. States Parties shall put in place effective legislation
and policies, including women- and child-focused
legislation and policies, to ensure that instances of
exploitation, violence and abuse against persons with
disabilities are identified, investigated and, where
appropriate,prosecuted.
Article 17 : Protecting the integrity of the person
Every person with disabilities has a right to respect for his or
her physical and mental integrity on an equal basis with
others.
Article 18 : Liberty of movement and nationality
1. StatesPartiesshallrecognizetherightsofpersonswith
disabilities to liberty of movement, to freedom to
choose their residence and to a nationality, on an
equal basis with others, including by ensuring that
personswithdisabilities:
(a)Have the right to acquire and change a nationality
and are not deprived of their nationality arbitrarily
oronthebasisofdisability;
(b)Are not deprived, on the basis of disability, of their
ability to obtain, possess and utilize documentation
of their nationality or other documentation of
identification, or to utilize relevant processes such as
immigration proceedings, that may be needed to
facilitateexerciseoftherighttolibertyofmovement;
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162. (c) Arefreetoleaveanycountry,includingtheirown;
(d)Are not deprived, arbitrarily or on the basis of
disability,oftherighttoentertheirowncountry.
2. Children with disabilities shall be registered
immediately after birth and shall have the right from
birth to a name, the right to acquire a nationality and,
as far as possible, the right to know and be cared for by
theirparents.
Article 19 : Living independently and being included in the
community
States Parties to this Convention recognize the equal right of
all persons with disabilities to live in the community, with
choices equal to others, and shall take effective and
appropriate measures to facilitate full enjoyment by persons
with disabilities of this right and their full inclusion and
participationinthecommunity,includingbyensuringthat:
(a)Persons with disabilities have the opportunity to
choose their place of residence and where and with
whom they live on an equal basis with others and are
notobligedtoliveinaparticularlivingarrangement;
(b)Persons with disabilities have access to a range of in-
home, residential and other community support
services, including personal assistance necessary to
support living and inclusion in the community, and to
preventisolationorsegregationfromthecommunity;
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163. (c) Community services and facilities for the general
population are available on an equal basis to persons
withdisabilitiesandareresponsivetotheirneeds.
Article 20 : Personal mobility
States Parties shall take effective measures to ensure
personal mobility with the greatest possible independence
forpersonswithdisabilities,includingby:
(a)Facilitating the personal mobility of persons with
disabilities in the manner and at the time of their
choice,andataffordablecost;
(b)Facilitating access by persons with disabilities to
quality mobility aids, devices, assistive technologies
and forms of live assistance and intermediaries,
includingbymakingthemavailableataffordablecost;
(c) Providing training in mobility skills to persons with
disabilities and to specialist staff working with persons
withdisabilities;
(d)Encouraging entities that produce mobility aids,
devices and assistive technologies to take into account
allaspectsofmobilityforpersonswithdisabilities.
Article 21 : Freedom of expression and opinion, and
access to information
States Parties shall take all appropriate measures to ensure
that persons with disabilities can exercise the right to
freedomofexpressionandopinion,includingthefreedomto
seek, receive and impart information and ideas on an equal
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164. basis with others and through all forms of communication of
their choice, as defined in article 2 of the present
Convention,includingby:
(a)Providing information intended for the general public
to persons with disabilities in accessible formats and
technologies appropriate to different kinds of
disabilities in a timely manner and without additional
cost;
(b)Accepting and facilitating the use of sign languages,
Braille, augmentative and alternative communication,
and all other accessible means, modes and formats of
communication of their choice by persons with
disabilitiesinofficialinteractions;
(c) Urging private entities that provide services to the
general public, including through the Internet, to
provide information and services in accessible and
usableformatsforpersonswithdisabilities;
(d)Encouraging the mass media, including providers of
information through the Internet, to make their
servicesaccessibletopersonswithdisabilities;
(e)Recognizingandpromotingtheuseofsignlanguages.
Article 22 : Respect for privacy
1. No person with disabilities, regardless of place of
residence or living arrangements, shall be subjected to
arbitrary or unlawful interference with his or her
privacy, family, home or correspondence or other
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165. types of communication or to unlawful attacks on his
orherhonourandreputation.Personswithdisabilities
have the right to the protection of the law against such
interferenceorattacks.
2. States Parties shall protect the privacy of personal,
health and rehabilitation information of persons with
disabilitiesonanequalbasiswithothers.
Article 23 : Respect for home and the family
1. States Parties shall take effective and appropriate
measures to eliminate discrimination against persons
with disabilities in all matters relating to marriage,
family, parenthood and relationships, on an equal
basiswithothers,soastoensurethat:
(a)The right of all persons with disabilities who are of
marriageable age to marry and to found a family on
the basis of free and full consent of the intending
spousesisrecognized;
(b)The rights of persons with disabilities to decide
freely and responsibly on the number and spacing
of their children and to have access to age-
appropriate information, reproductive and family
planning education are recognized, and the means
necessary to enable them to exercise these rights
areprovided;
(c) Persons with disabilities, including children, retain
theirfertilityonanequalbasiswithothers.
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166. 2. States Parties shall ensure the rights and
responsibilities of persons with disabilities, with
regard to guardianship, wardship, trusteeship,
adoption of children or similar institutions, where
these concepts exist in national legislation; in all cases
the best interests of the child shall be paramount.
States Parties shall render appropriate assistance to
persons with disabilities in the performance of their
child-rearingresponsibilities.
3. States Parties shall ensure that children with
disabilitieshave equal rights with respect to familylife.
With a view to realizing these rights, and to prevent
concealment, abandonment, neglect and segregation
of children with disabilities, States Parties shall
undertake to provide early and comprehensive
information, services and support to children with
disabilitiesandtheirfamilies.
4. States Parties shall ensure that a child shall not be
separated from his or her parents against their will,
except when competent authorities subject to judicial
review determine, in accordance with applicable law
and procedures, that such separation is necessary for
thebestinterestsofthechild.Innocaseshallachildbe
separated from parents on the basis of a disability of
eitherthechildoroneorbothoftheparents.
5. States Parties shall, where the immediate family is
unable to care for a child with disabilities, undertake
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167. every effort to provide alternative care within the
wider family, and failing that, within the community in
afamilysetting.
Article 24: Education
1. States Parties recognize the right of persons with
disabilities to education. With a view to realizing this
right without discrimination and on the basis of equal
opportunity, States Parties shall ensure an inclusive
education system at all levels and life long learning
directedto:
(a)Thefulldevelopmentofhumanpotentialandsense
of dignity and self-worth, and the strengthening of
respect for human rights, fundamental freedoms
andhumandiversity;
(b)The development by persons with disabilities of
their personality, talents and creativity, as well as
their mental and physical abilities, to their fullest
potential;
(c) Enabling persons with disabilities to participate
effectivelyinafreesociety.
2. Inrealizingthisright,StatesPartiesshallensurethat:
(a)Persons with disabilities are not excluded from the
general education system on the basis of disability,
and that children with disabilities are not excluded
from free and compulsory primary education, or
fromsecondaryeducation,onthebasisofdisability;
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168. (b)Persons with disabilities can access an inclusive,
quality and free primary education and secondary
education on an equal basis with others in the
communitiesinwhichtheylive;
(c) Reasonable accommodation of the individual’s
requirementsisprovided;
(d)Persons with disabilities receive the support
required, within the general education system, to
facilitatetheireffectiveeducation;
(e)Effective individualized support measures are
provided in environments that maximize academic
and social development, consistent with the goal of
fullinclusion.
3. States Parties shall enable persons with disabilities to
learn life and social development skills to facilitate
their full and equal participation in education and as
members of the community. To this end, States Parties
shalltakeappropriatemeasures,including:
(a)FacilitatingthelearningofBraille,alternativescript,
augmentative and alternative modes, means and
formats of communication and orientation and
mobility skills, and facilitating peer support and
mentoring;
(b)Facilitating the learning of sign language and the
promotion of the linguistic identity of the deaf
community;
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169. (c) Ensuring that the education of persons, and in
particular children, who are blind, deaf or
deafblind, is delivered in the most appropriate
languages and modes and means of
communication for the individual, and in
environments which maximize academic and social
development.
4. In order to help ensure the realization of this right,
States Parties shall take appropriate measures to
employ teachers, including teachers with disabilities,
who are qualified in sign language and/or Braille, and
to train professionals and staff who work at all levels of
education. Such training shall incorporate disability
awareness and the use of appropriate augmentative
and alternative modes, means and formats of
communication, educational techniques and
materialstosupportpersonswithdisabilities.
5. States Parties shall ensure that persons with
disabilities are able to access general tertiary
education, vocational training, adult education and
lifelong learning without discrimination and on an
equal basis with others. To this end, States Parties shall
ensure that reasonable accommodation is provided to
personswithdisabilities.
Article 25 : Health
States Parties recognize that persons with disabilities have
therighttotheenjoymentofthehighestattainablestandard
of health without discrimination on the basis of disability.
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170. States Parties shall take all appropriate measures to ensure
accessforpersonswithdisabilitiestohealthservicesthatare
gender-sensitive, including health-related rehabilitation. In
particular,StatesPartiesshall:
(a)Provide persons with disabilities with the same range,
quality and standard of free or affordable health care
and programmes as provided to other persons,
including in the area of sexual and reproductive health
andpopulation-basedpublichealthprogrammes;
(b)Provide those health services needed by persons with
disabilities specifically because of their disabilities,
including early identification and intervention as
appropriate, and services designed to minimize and
prevent further disabilities, including among children
andolderpersons;
(c) Provide these health services as close as possible to
people’sowncommunities,includinginruralareas;
(d)Require health professionals to provide care of the
same quality to persons with disabilities as to others,
including on the basis of free and informed consent by,
inter alia, raising awareness of the human rights,
dignity, autonomy and needs of persons with
disabilities through training and the promulgation of
ethicalstandardsforpublicandprivatehealthcare;
(e)Prohibit discrimination against persons with
disabilitiesintheprovisionofhealthinsurance,andlife
insurance where such insurance is permitted by
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171. national law, which shall be provided in a fair and
reasonablemanner;
(f) Prevent discriminatory denial of health care or health
servicesorfoodandfluidsonthebasisofdisability.
Article 26 : Habilitation and rehabilitation
1. States Parties shall take effective and appropriate
measures, including through peer support, to enable
persons with disabilities to attain and maintain
maximum independence, full physical, mental, social
and vocational ability, and full inclusion and
participation in all aspects of life. To that end, States
Parties shall organize, strengthen and extend
comprehensive habilitation and rehabilitation
services and programmes, particularly in the areas of
health, employment, education and social services, in
suchawaythattheseservicesandprogrammes:
(a)Begin at the earliest possible stage, and are based
on the multidisciplinary assessment of individual
needsandstrengths;
(b)Support participation and inclusion in the
community and all aspects of society, are voluntary,
and are available to persons with disabilities as
close as possible to their own communities,
includinginruralareas.
2. States Parties shall promote the development of initial
and continuing training for professionals and staff
workinginhabilitationandrehabilitationservices.
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172. 3. States Parties shall promote the availability,
knowledge and use of assistive devices and
technologies, designed for persons with disabilities, as
theyrelatetohabilitationandrehabilitation.
Article 27 : Work and employment
1. States Parties recognize the right of persons with
disabilities to work, on an equal basis with others; this
includes the right to the opportunity to gain a living by
work freely chosen or accepted in a labour market and
work environment that is open, inclusive and
accessible to persons with disabilities. States Parties
shall safeguard and promote the realization of the
right to work, including for those who acquire a
disability during the course of employment, by taking
appropriate steps, including through legislation, to,
interalia:
(a)Prohibit discrimination on the basis of disability
with regard to all matters concerning all forms of
employment, including conditions of recruitment,
hiring and employment, continuance of
employment, career advancement and safe and
healthyworkingconditions;
(b)Protect the rights of persons with disabilities, on an
equal basis with others, to just and favourable
conditions of work, including equal opportunities
and equal remuneration for work of equal value,
safe and healthy working conditions, including
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173. protection from harassment, and the redress of
grievances;
(c) Ensure that persons with disabilities are able to
exercise their labour and trade union rights on an
equalbasiswithothers;
(d)Enable persons with disabilities to have effective
accesstogeneraltechnicalandvocationalguidance
programmes, placement services and vocational
andcontinuingtraining;
(e)Promote employment opportunities and career
advancement for persons with disabilities in the
labour market, as well as assistance in finding,
obtaining, maintaining and returning to
employment;
(f) Promote opportunities for self-employment,
entrepreneurship, the development of
cooperativesandstartingone’sownbusiness;
(g)Employ persons with disabilities in the public
sector;
(h)Promote the employment of persons with
disabilities in the private sector through
appropriate policies and measures, which may
include affirmative action programmes, incentives
andothermeasures;
(i) Ensure that reasonable accommodation is
provided to persons with disabilities in the
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174. workplace;
(j) Promotetheacquisitionbypersonswithdisabilities
ofworkexperienceintheopenlabourmarket;
(k)Promote vocational and professional
rehabilitation, job retention and return-to-work
programmesforpersonswithdisabilities.
2. States Parties shall ensure that persons with
disabilities are not held in slavery or in servitude, and
are protected, on an equal basis with others, from
forcedorcompulsorylabour.
Article 28 : Adequate standard of living and social
protection
1. States Parties recognize the right of persons with
disabilities to an adequate standard of living for
themselves and their families, including adequate
food, clothing and housing, and to the continuous
improvement of living conditions, and shall take
appropriate steps to safeguard and promote the
realization of this right without discrimination on the
basisofdisability.
2. States Parties recognize the right of persons with
disabilities to social protection and to the enjoyment
of that right without discrimination on the basis of
disability,andshalltakeappropriatestepstosafeguard
and promote the realization of this right, including
measures:
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175. (a)To ensure equal access by persons with disabilities
to clean water services, and to ensure access to
appropriate and affordable services, devices and
otherassistancefordisability-relatedneeds;
(b)To ensure access by persons with disabilities, in
particular women and girls with disabilities and
older persons with disabilities, to social protection
programmesandpovertyreductionprogrammes;
(c) To ensure access by persons with disabilities and
their families living in situations of poverty to
assistance from the State with disability-related
expenses, including adequate training, counselling,
financialassistanceandrespitecare;
(d)To ensure access by persons with disabilities to
publichousingprogrammes;
(e)To ensure equal access by persons with disabilities
toretirementbenefitsandprogrammes.
Article 29 : Participation in political and public life
States Parties shall guarantee to persons with disabilities
political rights and the opportunity to enjoy them on an
equalbasiswithothers,andshallundertaketo:
(a)Ensure that persons with disabilities can effectively
and fully participate in political and public life on an
equal basis with others, directly or through freely
chosen representatives, including the right and
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176. opportunityforpersonswithdisabilitiestovoteandbe
elected,interalia,by:
(i) Ensuring that voting procedures, facilities and
materials are appropriate, accessible and easy to
understandanduse;
(ii)Protecting the right of persons with disabilities to
vote by secret ballot in elections and public
referendums without intimidation, and to stand for
elections, to effectively hold office and perform all
public functions at all levels of government,
facilitating the use of assistive and new
technologieswhereappropriate;
(iii)Guaranteeing the free expression of the will of
persons with disabilities as electors and to this end,
where necessary, at their request, allowing
assistanceinvotingbyapersonoftheirownchoice;
(b)Promote actively an environment in which persons
with disabilities can effectively and fully participate in
the conduct of public affairs, without discrimination
and on an equal basis with others, and encourage their
participationinpublicaffairs,including:
(i) Participation in non-governmental organizations
and associations concerned with the public and
political life of the country, and in the activities and
administrationofpoliticalparties;
(ii)Forming and joining organizations of persons with
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177. disabilities to represent persons with disabilities at
international,national,regionalandlocallevels.
Article 30 : Participation in cultural life, recreation, leisure
and sport
1. States Parties recognize the right of persons with
disabilities to take part on an equal basis with others in
cultural life, and shall take all appropriate measures to
ensurethatpersonswithdisabilities:
(a)Enjoy access to cultural materials in accessible
formats;
(b)Enjoy access to television programmes, films,
theatre and other cultural activities, in accessible
formats;
(c) Enjoy access to places for cultural performances or
services, such as theatres, museums, cinemas,
libraries and tourism services, and, as far as
possible, enjoy access to monuments and sites of
nationalculturalimportance.
2. States Parties shall take appropriate measures to
enable persons with disabilities to have the
opportunity to develop and utilize their creative,
artistic and intellectual potential, not only for their
ownbenefit,butalsofortheenrichmentofsociety.
3. States Parties shall take all appropriate steps, in
accordance with international law, to ensure that laws
protecting intellectual property rights do not
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178. constitute an unreasonable or discriminatory barrier
to access by persons with disabilities to cultural
materials.
4. Persons with disabilities shall be entitled, on an equal
basis with others, to recognition and support of their
specific cultural and linguistic identity, including sign
languagesanddeafculture.
5. With a view to enabling persons with disabilities to
participate on an equal basis with others in
recreational, leisure and sporting activities, States
Partiesshalltakeappropriatemeasures:
(a)To encourage and promote the participation, to the
fullest extent possible, of persons with disabilities
inmainstreamsportingactivitiesatalllevels;
(b)To ensure that persons with disabilities have an
opportunity to organize, develop and participate in
disability-specific sporting and recreational
activities and, to this end, encourage the provision,
on an equal basis with others, of appropriate
instruction,trainingandresources;
(c) To ensure that persons with disabilities have access
tosporting,recreationalandtourismvenues;
(d)To ensure that children with disabilities have equal
access with other children to participation in play,
recreation and leisure and sporting activities,
includingthoseactivitiesintheschoolsystem;
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179. (e)To ensure that persons with disabilities have access
to services from those involved in the organization
of recreational, tourism, leisure and sporting
activities.
Article 31 : Statistics and data collection
1. States Parties undertake to collect appropriate
information, including statistical and research data, to
enable them to formulate and implement policies to
give effect to the present Convention. The process of
collectingandmaintainingthisinformationshall:
(a)Comply with legally established safeguards,
including legislation on data protection, to ensure
confidentiality and respect for the privacy of
personswithdisabilities;
(b)Comply with internationally accepted norms to
protect human rights and fundamental freedoms
and ethical principles in the collection and use of
statistics.
2. The information collected in accordance with this
article shall be disaggregated, as appropriate, and
used to help assess the implementation of States
Parties’ obligations under the present Convention and
to identify and address the barriers faced by persons
withdisabilitiesinexercisingtheirrights.
3. States Parties shall assume responsibility for the
dissemination of these statistics and ensure their
accessibilitytopersonswithdisabilitiesandothers.
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180. Article 32 : International cooperation
1. States Parties recognize the importance of
international cooperation and its promotion, in
support of national efforts for the realization of the
purpose and objectives of the present Convention,
and will undertake appropriate and effective
measures in this regard, between and among States
and, as appropriate, in partnership with relevant
international and regional organizations and civil
society, in particular organizations of persons with
disabilities.Suchmeasurescouldinclude,interalia:
(a)Ensuring that international cooperation, including
international development programmes, is
inclusive of and accessible to persons with
disabilities;
(b)Facilitating and supporting capacity-building,
including through the exchange and sharing of
information, experiences, training programmes
andbestpractices;
(c) Facilitating cooperation in research and access to
scientificandtechnicalknowledge;
(d)Providing, as appropriate, technical and economic
assistance, including by facilitating access to and
sharing of accessible and assistive technologies,
andthroughthetransferoftechnologies.
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181. 2. The provisions of this article are without prejudice to
the obligations of each State Party to fulfill its
obligationsunderthepresentConvention.
Article 33 : National implementation and monitoring
1. States Parties, in accordance with their system of
organization, shall designate one or more focal points
within government for matters relating to the
implementation of the present Convention, and shall
give due consideration to the establishment or
designation of a coordination mechanism within
government to facilitate related action in different
sectorsandatdifferentlevels.
2. States Parties shall, in accordance with their legal and
administrative systems, maintain, strengthen,
designate or establish within the State Party, a
framework, including one or more independent
mechanisms, as appropriate, to promote, protect and
monitor implementation of the present Convention.
When designating or establishing such a mechanism,
States Parties shall take into account the principles
relating to the status and functioning of national
institutions for protection and promotion of human
rights.
3. Civil society, in particular persons with disabilities and
their representative organizations, shall be involved
andparticipatefullyinthemonitoringprocess.
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182. Article 34 : Committee on the Rights of Persons with
Disabilities
1. There shall be established a Committee on the Rights
of Persons with Disabilities (hereafter referred to as
“the Committee”), which shall carry out the functions
hereinafterprovided.
2. The Committee shall consist, at the time of entry into
force of the present Convention, of twelve experts.
After an additional sixty ratifications or accessions to
the Convention, the membership of the Committee
shall increase by six members, attaining a maximum
numberofeighteenmembers.
3. The members of the Committee shall serve in their
personal capacity and shall be of high moral standing
and recognized competence and experience in the
field covered by the present Convention. When
nominating their candidates, States Parties are invited
to give due consideration to the provision set out in
article4.3ofthepresentConvention.
4. The members of the Committee shall be elected by
States Parties, consideration being given to equitable
geographical distribution, representation of the
different forms of civilization and of the principal legal
systems, balanced gender representation and
participationofexpertswithdisabilities.
5. The members of the Committee shall be elected by
secret ballot from a list of persons nominated by the
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183. States Parties from among their nationals at meetings
of the Conference of States Parties. At those meetings,
for which two thirds of States Parties shall constitute a
quorum, the persons elected to the Committee shall
be those who obtain the largest number of votes and
an absolute majority of the votes of the
representativesofStatesPartiespresentandvoting.
6. The initial election shall be held no later than six
monthsafterthedateofentryintoforceofthepresent
Convention. At least four months before the date of
each election, the Secretary-General of the United
Nations shall address a letter to the States Parties
inviting them to submit the nominations within two
months. The Secretary-General shall subsequently
prepare a list in alphabetical order of all persons thus
nominated, indicating the State Parties which have
nominated them, and shall submit it to the States
PartiestothepresentConvention.
7. The members of the Committee shall be elected for a
term of four years. They shall be eligible for re-election
once.However,thetermofsixofthememberselected
at the first election shall expire at the end of two years;
immediately after the first election, the names of
these six members shall be chosen by lot by the
chairperson of the meeting referred to in paragraph 5
ofthisarticle.
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184. 8. The election of the six additional members of the
Committee shall be held on the occasion of regular
elections, in accordance with the relevant provisions
ofthisarticle.
9. If a member of the Committee dies or resigns or
declares that for any other cause she or he can no
longer perform her or his duties, the State Party which
nominated the member shall appoint another expert
possessing the qualifications and meeting the
requirements set out in the relevant provisions of this
article,toservefortheremainderoftheterm.
10.The Committee shall establish its own rules of
procedure.
11.The Secretary-General of the United Nations shall
provide the necessary staff and facilities for the
effective performance of the functions of the
Committee under the present Convention, and shall
conveneitsinitialmeeting.
12.With the approval of the General Assembly, the
members of the Committee established under the
present Convention shall receive emoluments from
United Nations resources on such terms and
conditions as the Assembly may decide, having regard
totheimportanceoftheCommittee’sresponsibilities.
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185. 13.The members of the Committee shall be entitled to
the facilities, privileges and immunities of experts on
mission for the United Nations as laid down in the
relevant sections of the Convention on the Privileges
andImmunitiesoftheUnitedNations.
Article 35 : Reports by States Parties
1. Each State Party shall submit to the Committee,
through the Secretary-General of the United Nations,
a comprehensive report on measures taken to give
effect to its obligations under the present Convention
and on the progress made in that regard, within two
years after the entry into force of the present
ConventionfortheStatePartyconcerned.
2. Thereafter, States Parties shall submit subsequent
reports at least every four years and further whenever
theCommitteesorequests.
3. The Committee shall decide any guidelines applicable
tothecontentofthereports.
4. A State Party which has submitted a comprehensive
initial report to the Committee need not, in its
subsequent reports, repeat information previously
provided. When preparing reports to the Committee,
States Parties are invited to consider doing so in an
open and transparent process and to give due
consideration to the provision set out in article 4.3 of
thepresentConvention.
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186. 5. Reports may indicate factors and difficulties affecting
the degree of fulfilment of obligations under the
presentConvention.
Article 36 : Consideration of reports
1. Each report shall be considered by the Committee,
which shall make such suggestions and general
recommendations on the report as it may consider
appropriate and shall forward these to the State Party
concerned. The State Party may respond with any
information it chooses to the Committee. The
Committee may request further information from
States Parties relevant to the implementation of the
presentConvention.
2. IfaStatePartyissignificantlyoverdueinthesubmission
of a report, the Committee may notify the State Party
concerned of the need to examine the implementation
of the present Convention in that State Party, on the
basis of reliable information available to the
Committee, if the relevant report is not submitted
within three months following the notification. The
Committee shall invite the State Party concerned to
participate in such examination. Should the State Party
respond by submitting the relevant report, the
provisionsofparagraph1ofthisarticlewillapply.
3. The Secretary-General of the United Nations shall
makeavailablethereportstoallStatesParties.
4. States Parties shall make their reports widely available
184

187. to the public in their own countries and facilitate
access to the suggestions and general
recommendationsrelatingtothesereports.
5. The Committee shall transmit, as it may consider
appropriate, to the specialized agencies, funds and
programmes of the United Nations, and other
competent bodies, reports from States Parties in order
to address a request or indication of a need for
technicaladviceorassistancecontainedtherein,along
with the Committee’s observations and
recommendations, if any, on these requests or
indications.
Article 37 : Cooperation between States Parties and the
Committee
1. Each State Party shall cooperate with the Committee
and assist its members in the fulfillment of their
mandate.
2. In its relationship with States Parties, the Committee
shall give due consideration to ways and means of
enhancing national capacities for the implementation
of the present Convention, including through
internationalcooperation.
Article 38 : Relationship of the Committee with other
bodies
In order to foster the effective implementation of the
present Convention and to encourage international
cooperationinthefieldcoveredbythepresentConvention:
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188. (a)The specialized agencies and other United Nations
organs shall be entitled to be represented at the
consideration of the implementation of such
provisions of the present Convention as fall within the
scope of their mandate. The Committee may invite the
specialized agencies and other competent bodies as it
may consider appropriate to provide expert advice on
the implementation of the Convention in areas falling
within the scope of their respective mandates. The
Committee may invite specialized agencies and other
United Nations organs to submit reports on the
implementation of the Convention in areas falling
withinthescopeoftheiractivities;
(b)The Committee, as it discharges its mandate, shall
consult, as appropriate, other relevant bodies
instituted by international human rights treaties, with
a view to ensuring the consistency of their respective
reporting guidelines, suggestions and general
recommendations, and avoiding duplication and
overlapintheperformanceoftheirfunctions.
Article 39 : Report of the Committee
The Committee shall report every two years to the General
Assembly and to the Economic and Social Council on its
activities, and may make suggestions and general
recommendations based on the examination of reports and
information received from the States Parties. Such
186

189. suggestions and general recommendations shall be included
in the report of the Committee together with comments, if
any,fromStatesParties.
Article 40 : Conference of States Parties
1. The States Parties shall meet regularly in a Conference of
StatesPartiesinordertoconsideranymatterwithregard
totheimplementationofthepresentConvention.
2. No later than six months after the entry into force of
the present Convention, the Conference of the States
Parties shall be convened by the Secretary-General of
the United Nations. The subsequent meetings shall be
convened by the Secretary-General of the United
Nations biennially or upon the decision of the
ConferenceofStatesParties.
Article 41 : Depositary
The Secretary-General of the United Nations shall be the
depositaryofthepresentConvention.
Article 42 : Signature
The present Convention shall be open for signature by all
States and by regional integration organizations at United
NationsHeadquartersinNewYorkasof30March2007.
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190. Article 43 : Consent to be bound
The present Convention shall be subject to ratification by
signatory States and to formal confirmation by signatory
regional integration organizations. It shall be open for
accession by any State or regional integration organization
whichhasnotsignedtheConvention.
Article 44 : Regional integration organizations
1. “Regional integration organization” shall mean an
organization constituted by sovereign States of a given
region, to which its member States have transferred
competence in respect of matters governed by this
Convention. Such organizations shall declare, in their
instruments of formal confirmation or accession, the
extent of their competence with respect to matters
governed by this Convention. Subsequently, they shall
inform the depositary of any substantial modification
intheextentoftheircompetence.
2. References to “States Parties” in the present
Convention shall apply to such organizations within
thelimitsoftheircompetence.
3. For the purposes of article 45, paragraph 1, and article
47, paragraphs 2 and 3, any instrument deposited by a
regionalintegrationorganizationshallnotbecounted.
188

191. 4. Regional integration organizations, in matters within
their competence, may exercise their right to vote in
the Conference of States Parties, with a number of
votes equal to the number of their member States that
are Parties to this Convention. Such an organization
shall not exercise its right to vote if any of its member
Statesexercisesitsright,andviceversa.
Article 45 : Entry into force
1. The present Convention shall enter into force on the
thirtieth day after the deposit of the twentieth
instrumentofratificationoraccession.
2. For each State or regional integration organization
ratifying, formally confirming or acceding to the
Convention after the deposit of the twentieth such
instrument, the Convention shall enter into force on
the thirtieth day after the deposit of its own such
instrument.
Article 46 : Reservations
1. Reservations incompatible with the object and
purpose of the present Convention shall not be
permitted.
2. Reservationsmaybewithdrawnatanytime.
Article 47 : Amendments
1. Any State Party may propose an amendment to the
present Convention and submit it to the Secretary-
General of the United Nations. The Secretary-General
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192. shall communicate any proposed amendments to
States Parties, with a request to be notified whether
they favour a conference of States Parties for the
purpose of considering and deciding upon the
proposals. In the event that, within four months from
the date of such communication, at least one third of
the States Parties favour such a conference, the
Secretary-Generalshallconvenetheconferenceunder
the auspices of the United Nations. Any amendment
adopted by a majority of two thirds of the States
Parties present and voting shall be submitted by the
Secretary-General to the General Assembly for
approval and thereafter to all States Parties for
acceptance.
2. An amendment adopted and approved in accordance
with paragraph 1 of this article shall enter into force on
the thirtieth day after the number of instruments of
acceptance deposited reaches two thirds of the
number of States Parties at the date of adoption of the
amendment. Thereafter, the amendment shall enter
into force for any State Party on the thirtieth day
following the deposit of its own instrument of
acceptance. An amendment shall be binding only on
thoseStatesPartieswhichhaveacceptedit.
190

193. 3. If so decided by the Conference of States Parties by
consensus, an amendment adopted and approved in
accordance with paragraph 1 of this article which
relates exclusively to articles 34, 38, 39 and 40 shall
enter into force for all States Parties on the thirtieth
day after the number of instruments of acceptance
deposited reaches two thirds of the number of States
Partiesatthedateofadoptionoftheamendment.
Article 48 : Denunciation
A State Party may denounce the present Convention by
written notification to the Secretary-General of the United
Nations. The denunciation shall become effective one year
after the date of receipt of the notification by the Secretary-
General.
Article 49 : Accessible format
Thetext ofthepresentConventionshallbemadeavailablein
accessibleformats.
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194. Article 50 : Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish
textsofthepresentConventionshallbeequallyauthentic.
In witness thereof the undersigned plenipotentiaries, being
duly authorized thereto by their respective Governments,
havesignedthepresentConvention.
The States Parties to the present Protocol have agreed as
follows:
Article 1
1. A State Party to the present Protocol (“State Party”)
recognizes the competence of the Committee on the
Rights of Persons with Disabilities (“the Committee”)
to receive and consider communications from or on
behalf of individuals or groups of individuals subject to
its jurisdiction who claim to be victims of a violation by
thatStatePartyoftheprovisionsoftheConvention.
2. No communication shall be received by the
Committee if it concerns a State Party to the
ConventionthatisnotapartytothepresentProtocol.
Article 2
The Committee shall consider a communication
inadmissiblewhen:
(a)Thecommunicationisanonymous;
Annex 7: Optional Protocol to the Convention on
the Rights of Persons with Disabilities
192

195. (b)The communication constitutes an abuse of the right
of submission of such communications or is
incompatiblewiththeprovisionsoftheConvention;
(c) The same matter has already been examined by the
Committee or has been or is being examined under
another procedure of international investigation or
settlement;
(d)All available domestic remedies have not been
exhausted. This shall not be the rule where the
applicationoftheremediesisunreasonablyprolonged
orunlikelytobringeffectiverelief;
(e)It is manifestly ill-founded or not sufficiently
substantiated;orwhen
(f) The facts that are the subject of the communication
occurred prior to the entry into force of the present
Protocol for the State Party concerned unless those
factscontinuedafterthatdate.
Article 3
Subject to the provisions of article 2 of the present Protocol,
theCommitteeshallbringanycommunicationssubmittedto
it confidentially to the attention of the State Party. Within six
months, the receiving State shall submit to the Committee
written explanations or statements clarifying the matter and
theremedy,ifany,thatmayhavebeentakenbythatState.
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196. Article 4
1. At any time after the receipt of a communication and
before a determination on the merits has been
reached, the Committee may transmit to the State
Party concerned for its urgent consideration a request
that the State Party take such interim measures as may
be necessary to avoid possible irreparable damage to
thevictimorvictimsoftheallegedviolation.
2. Where the Committee exercises its discretion under
paragraph 1 of this article, this does not imply a
determination on admissibility or on the merits of the
communication.
Article 5
The Committee shall hold closed meetings when examining
communications under the present Protocol. After
examining a communication, the Committee shall forward
its suggestions and recommendations, if any, to the State
Partyconcernedandtothepetitioner.
Article 6
1. If the Committee receives reliable information
indicating grave or systematic violations by a State
Party of rights set forth in the Convention, the
Committee shall invite that State Party to cooperate in
the examination of the information and to this end
submit observations with regard to the information
concerned.
194

197. 2. Taking into account any observations that may have
been submitted by the State Party concerned as well
as any other reliable information available to it, the
Committee may designate one or more of its members
to conduct an inquiry and to report urgently to the
Committee. Where warranted and with the consent of
the State Party, the inquiry may include a visit to its
territory.
3. After examining the findings of such an inquiry, the
Committee shall transmit these findings to the State
Party concerned together with any comments and
recommendations.
4. The State Party concerned shall, within six months of
receiving the findings, comments and
recommendations transmitted by the Committee,
submititsobservationstotheCommittee.
5. Such an inquiry shall be conducted confidentially and
the cooperation of the State Party shall be sought at all
stagesoftheproceedings.
Article 7
1. The Committee may invite the State Party concerned
to include in its report under article 35 of the
Convention details of any measures taken in response
to an inquiry conducted under article 6 of the present
Protocol.
2. The Committee may, if necessary, after the end of the
periodofsixmonthsreferredtoinarticle6.4,invitethe
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198. State Party concerned to inform it of the measures
takeninresponsetosuchaninquiry.
Article 8
Each State Party may, at the time of signature or ratification
of the present Protocol or accession thereto, declare that it
does not recognize the competence of the Committee
providedforinarticles6and7.
Article 9
The Secretary-General of the United Nations shall be the
depositaryofthepresentProtocol.
Article 10
The present Protocol shall be open for signature by signatory
States and regional integration organizations of the
Convention at United Nations Headquarters in New York as
of30March2007.
Article 11
The present Protocol shall be subject to ratification by
signatory States of this Protocol which have ratified or
acceded to the Convention. It shall be subject to formal
confirmation by signatory regional integration organizations
ofthisProtocolwhichhaveformallyconfirmedoraccededto
the Convention. It shall be open for accession by any State or
regional integration organization which has ratified,formally
confirmed or acceded to the Convention and which has not
signedtheProtocol.
Article 12
196

199. 1. “Regional integration organization” shall mean an
organization constituted by sovereign States of a given
region, to which its member States have transferred
competence in respect of matters governed by the
Convention and this Protocol. Such organizations shall
declare, in their instruments of formal confirmation or
accession, the extent of their competence with
respect to matters governed by the Convention and
this Protocol. Subsequently, they shall inform the
depositary of any substantial modification in the
extentoftheircompetence.
2. References to “States Parties” in the present Protocol
shall apply to such organizations within the limits of
theircompetence.
3. For the purposes of article 13, paragraph 1, and article
15, paragraph 2, any instrument deposited by a
regionalintegrationorganizationshallnotbecounted.
4. Regional integration organizations, in matters within
their competence, may exercise their right to vote in
the meeting of States Parties, with a number of votes
equal to the number of their member States that are
Parties to this Protocol. Such an organization shall not
exercise its right to vote if any of its member States
exercisesitsright,andviceversa.
Article 13
1. Subject to the entry into force of the Convention, the
present Protocol shall enter into force on the thirtieth
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200. day after the deposit of the tenth instrument of
ratificationoraccession.
2. For each State or regional integration organization
ratifying, formally confirming or acceding to the
Protocolafterthedepositofthetenthsuchinstrument,
the Protocol shall enter into force on the thirtieth day
afterthedepositofitsownsuchinstrument.
Article 14
1. Reservations incompatible with the object and
purpose of the present Protocol shall not be
permitted.
2. Reservationsmaybewithdrawnatanytime.
Article 15
1. Any State Party may propose an amendment to the
present Protocol and submit it to the Secretary-
General of the United Nations. The Secretary-General
shall communicate any proposed amendments to
States Parties, with a request to be notified whether
they favour a meeting of States Parties for the purpose
of considering and deciding upon the proposals. In the
event that, within four months from the date of such
communication, at least one third of the States Parties
favour such a meeting, the Secretary-General shall
convene the meeting under the auspices of the United
Nations. Any amendment adopted by a majority of
twothirdsoftheStatesPartiespresentandvotingshall
be submitted by the Secretary-General to the General
198

201. Assembly for approval and thereafter to all States
Partiesforacceptance.
2. An amendment adopted and approved in accordance
with paragraph 1 of this article shall enter into force on
the thirtieth day after the number of instruments of
acceptance deposited reaches two thirds of the
number of States Parties at the date of adoption of the
amendment. Thereafter, the amendment shall enter
into force for any State Party on the thirtieth day
following the deposit of its own instrument of
acceptance. An amendment shall be binding only on
thoseStatesPartieswhichhaveacceptedit.
Article 16
A State Party may denounce the present Protocol by written
notification to the Secretary-General of the United Nations.
The denunciation shall become effective one year after the
dateofreceiptofthenotificationbytheSecretary-General.
Article 17
The text of the present Protocol shall be made available in
accessibleformats.
Article 18
The Arabic, Chinese, English, French, Russian and Spanish
textsofthepresentProtocolshallbeequallyauthentic.
In witness thereof the undersigned plenipotentiaries, being
duly authorized thereto by their respective Governments,
havesignedthepresentProtocol.
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199

202. Supported by:
Empowered lives.
Resilient nations.