The Legal Corpus of Rights for Person With Disability In Bangladesh

The Convention on the Rights of Persons with Disabilities defines persons with disabilities to “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.”
According to section 2(9) of The Rights and Protection of Persons with Disabilities Act, 2013,disability means the long-term or permanent physical, mental, intellectual, developmental or sensation impairment or hardship of any person due to any cause and the mutual effect of attitudes and environmental barriers on that person, due to which that person is impeded in full and effective participation in the society on the basis of equality. Moreover, Section 3 to 15 of this statute explicitly mentioned about the type of disabilities and so on such as autism or autism spectrum disorders, physical disability, mental illness leading to disability, visual disability, speech disability, intellectual disability, hearing disability, deaf-blindness, cerebral palsy, down syndrome, multiple disability, other disability etc.
According to the World Health Organization (WHO), there are one eighth of the world’s population that means over one billion people, live with disabilities. Despite this, people with disabilities remain significantly underrepresented in many spheres of public life, particularly in media.
As the people with disabilities are an integral part of society, thestate has some obligation to uphold the rights of persons with disabilities through some initiatives, particularly ethical and also legal grounds. Other than the ethical considerations , the legal obligation would include provisions from the Bangladesh constitution.
The Bangladesh Constitution guarantees equal legal protection under article 27, Article 28 forbids discrimination, and Article 31 safeguards the right to life – ensures that people with disabilities are treated with dignity and justice; requires public health (Article 15) to provide necessities and attend to their needs; and advances social justice (Article 19) by encouraging equity and empowerment to lower barriers for people with disabilities. The statutes -such as the Protection of Persons with Disabilities Act(2013), provide enforceable rights and legal redress mechanisms for individuals denied reasonable accommodation at work or education, allowing them to seek remedies through administrative or judicial means. Within two years, the Rights and Protection of Persons with Disabilities Rules 2015 were published alongside the official gazette, demonstrating the Bangladeshi government’s promptness. However, a decade later, there is still a noticeable implementation gap.
The momentum got the peak following International efforts to protect the rights of persons with disabilities on December 13, 2006, when the UN General Assembly adopted the UN Convention on the Rights of Persons with Disabilities (CRPD). Ensuring that people with disabilities can fully and equitably enjoy all human rights and fundamental freedoms is the aim of this landmark treaty. Bangladesh is one of the signatory parties that have ratified the CRPD, pledging to protect and implement these rights in both policy and practice. This convention was ratified by the Bangladeshi government in 2007. Bangladesh, as a ratifying state, has implemented this act to protect disabled persons’ rights and enforce mechanisms. Other legislation, such as the Children Act, 2013 and the Domestic Violence (Prevention and Protection) Act, 2010, also aim to protect disabled persons’ interests in a sense. As both children and women with disabilities face additional barriers in seeking legal protections and services. Article 25 of the CRPD mandates state parties to uphold the rights of persons with disabilities to the best possible standard of health without discrimination due to their condition. Similarly, The CRPD’s Article 5 places a strong emphasis on advancing equality and combating discrimination. It was also suggested that the government take the required steps to safeguard the rights of people with disabilities.
The Rights and Protection of Persons with Disabilities Act of 2013’s section 32 generally refers to the accessibility of public transportation for people with disabilities (PWD). Moreover, The CRPD’s Article 9 placed a strong focus on protecting PWDs’ rights to autonomously engage in all facets of life and to have access to all public transportation, infrastructure, information, and communications. However, there is very little effort made by Bangladesh’s public transport system to guarantee accessibility for all the population, including those who require further assistance – not only people with disabilities, but also the population of old persons, medical cases etc.
So, Bangladesh’s public transportation system is inadequately designed for accessibility, with public buildings, police stations, courts, hospitals, and educational institutions lacking adequate ramps and doorways for wheelchairs. Section 34 of the RPPD Act of 2013 prioritizes accessibility for people with disabilities, but the ambiguity of terminology hinders its implementation. Additionally, Bangladesh’s National Building Code of 2008 requires more provisions for building accessibility standards.
Stereotypical portrayals of persons with disabilities are prevalent which narrowly and inaccurately describe them, and the state and media, other stakeholders have an enormous responsibility to change this. As we discussed above the obligation by the states but, whenever we talk about the rights of persons with disabilities, it includes both private and governmental organizations responsibility. While interpreting the obligations as legal obligations under the constitution, it means a positive obligation. So the government has its full phrase rights to mandates into its policy or statute to enforce it. Despite taking many steps to comply with the mandate of international human rights law, the Bangladeshi government is still far from meeting its duty to increase public awareness and clear the path for people with disabilities to access justice.

Afroza Akter1 Posts
Afroza Akter is a final year student of Department of law at North South University
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