Using the Capability Approach to Review the National Legislative Frameworks for Support Services for Persons with Disabilities in Four Countries in Asia

Author:

Gupta Shivani,Meershoek Agnes,Witte Luc P. de

Abstract

Implementation of the United Nations Convention on the rights of persons with disabilities (UN CRPD) requires countries to harmonise their legislative frameworks with it. This paper investigates the national legislative frameworks of four Asian countries to see the extent to which they provide support services in accordance with Article 19 of the UN CRPD. The UN CRPD requires persons with disabilities to have access to and choice and control over support services. To analyse the policy alignment with the UN CRPD, an analytical framework based on the Capability Approach (CA) was developed. The results show that most countries address support services, including assistive devices, only from the perspective of a social security measure for persons with disabilities living in poverty, failing to uphold the rights of those not meeting those eligibility criteria. However, while support services are inseparably linked to social security, they also are a right for persons with disabilities. Therefore, a paradigm shift is required in the approach of support services and the distributive systems of countries, from one that addresses persons with disabilities as those requiring care considered a burden, to one that considers them rights holders with equal opportunities, for which, support services are a pre-requisite.

Funder

NUFFIC

Publisher

MDPI AG

Subject

General Social Sciences

Reference38 articles.

1. United Nations Committee on the Rights of Persons with Disabilities (2017). General Comment No. 5 on Living Independently and Being Included in the Community, OHCHR. CRPD/C/GC/5.

2. United Nations General Assembly (2017, February 24). Report of the Special Rapporteur on the Rights of Persons with Disabilities, A/HRC/34/58. Available online: http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/34/58.

3. United Nations General Assembly (2007). The Convention on the Rights of Persons with Disabilities, United Nations General Assembly. Available online: http://www.ohchr.org/EN/HRBodies/CRPD/Pages/ConventionRightsPersonsWithDisabilities.aspx.

4. World Health Organisation (2011). World Report on Disability, World Health Organisation & World Bank.

5. United Nations General Assembly (2014). Thematic Study on the Right of Persons with Disabilities to Live Independently and Be Included in the Community, United Nations General Assembly. Available online: https://www.ohchr.org/sites/default/files/HRBodies/HRC/RegularSessions/Session28/Documents/A_HRC_28_37_ENG.doc.

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