Hospitals
& Asylums
Towards a Convention on the Rights of Persons with Disabilities HA-19-10-06 1. 600 million people in the world are disabled as a consequence of mental, physical or sensory impairment, 80% in developing nations.
43 million Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older. Treating disability involves the prevention of disability, rehabilitation and the realization of the goals of ''full participation'' of disabled persons in social life and development, and of ''equality''. As the result of their special needs and the perception that they are vulnerable the disabled tend to suffer from a pattern of discrimination and are frequent victims of abuse and exploitation. Census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally. Proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals.
2.
The UN Enable program reports
that, the International Day of Disabled Persons is 3 December. Every year there is a different theme, this
2006 it is e-accessibility. The
observance of the Day aims to promote an understanding of disability issues and
mobilize support for the dignity, rights and well-being of persons with
disabilities. It also seeks to increase awareness of gains to be derived from
the integration of persons with disabilities in every aspect of political,
social, economic and cultural life.
Access to information and communication technologies creates
opportunities for everyone in society, but perhaps no-more so than for persons
with disabilities. No longer do the societal barriers of prejudice,
infrastructure, and inaccessible formats stand in the way of participation.
When available to everyone, information technologies foster individuals to
reach their full potential, and for persons with disabilities it allows them to
play their part in society’s development.
3.
The Department of Labor run Disability
Info program reports that, during National Disability Employment Awareness
Month, we pay tribute to the accomplishments of the men and women with disabilities
whose work helps keep America's economy strong, and we underscore our
commitment to ensuring equal employment opportunity for all of our
citizens. In
proclaiming October as National Disabilities Employment Awareness Month,
President Bush said: "In 2001, my Administration announced the New Freedom
Initiative to build on the progress of the ADA and more fully integrate men and
women with disabilities into all aspects of life. The New Freedom Initiative
has helped to expand access to technology, training, and education for citizens
with disabilities. As a result, those who have a disability and seek employment
are better able to compete for jobs."
4. The term "disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. An estimated 75% of disability stems from the diagnosis of mental disability. 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. The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
5.
The term “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 human rights and
fundamental freedoms. It can mean job
restructuring, part-time or modified work schedules, reassignment to a vacant
position, acquisition or modification of equipment or devices, appropriate
adjustment or modifications of examinations, training materials or policies,
the provision of qualified readers or interpreters, and other similar
accommodations for individuals with disabilities. “Universal design” and “inclusive design” mean 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.
6.
The term “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 reasonable accommodation,
service or employment including limiting, segregating, or classifying a job
applicant or employee in a way that adversely affects the opportunities or
status of such applicant or employee because of the disability of such
applicant or employee.
7.
Discrimination on the basis of disability is most pervasive in cases of mental
illness where the disability is often discrimination alone. Discrimination is however disabling and when
it persists leads to long-term poverty and exclusion of individuals. Disability fits the mold of corruption where
an entity seeks to maintain an unfair advantage thereby disabling their
adversaries. Mental illness is a real
problem that can treated with psychiatric counseling and drugs however abusive
and unnecessary hospitalization continues to be a serious organized crime with
serious consequences for those who have born witness. The problem goes further in that people who have recovered from
mental illness are skilled at debunking popular (powerful) myths and constantly
find themselves in conflict with institutional nonsense that retaliates against
them for their special ability. Mental
illness should be a temporary problem but often leads to a life of poverty,
isolation and victimization that we classify as disabled.
8.
Historically, society has tended to isolate and segregate individuals with
disabilities, and, despite some improvements, such forms of discrimination
against individuals with disabilities continues to be a serious and pervasive
social problem. Until recently the
disabled have had no legal recourse with which to redress such discrimination. Under Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) as amended by
the Civil Rights Act of 1991 (Pub. L. 102-166) all personnel actions affecting
employees or applicants for employment with the federal government including
those paid from nonappropriated funds shall be made free from any
discrimination based on race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission has
the authority to enforce appropriate remedies, including reinstatement or hiring
of employees with or without back pay and shall, target individuals who
historically have been victims of employment discrimination and have not been
equitably served.
9. Section 503 of the Rehabilitation Act of 1973 (Pub. L. 93-112) prohibits federal contractors and subcontractors from discriminating
against and requires affirmative action for qualified individuals with disabilities in all aspects of employment. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs and activities that receive federal financial assistance and in federally conducted programs. Amendments under the Americans with Disability Act of 1990 and Rehabilitation Act
Amendments of 1992 (Pub. L. 102-559) permit government sponsored entities to invalidate the disability defense in circumstances
regarding illicit drug and alcohol abuse. Section 188 of the Workforce Investment Act of 1998 (WIA) prohibits discrimination against qualified individuals with disabilities. 10. The Americans with Disabilities Act of 1990 (S.939) opened the door to a new age for people with disabilities by establishing a
comprehensive prohibition of discrimination on the basis of disability. The plan is to reduce barriers to people with disabilities, ensure that all Americans have the opportunity to learn and to develop skills, to engage in productive work, to choose where to live, and to participate in community life. This effort will allow America to draw on the talents and creativity of all its citizens. Title I of the Americans with Disabilities Act (ADA) prohibits employers of 15 or more workers, employment agencies, and labor organizations of 15 or more workers from discriminating against qualified individuals with disabilities. Title II of the Americans with Disabilities Act (ADA) prohibits state and local governments from discriminating against qualified individuals with disabilities in programs, activities, and services.
13.
August 2006 marked the 50th Anniversary of Disability Insurance in
the USA dated to the 1956 Amendments to the Social Security Act establishing
the Social Security Disability Insurance program of August 1, 1956. On every day that Social Security offices
are open, more than 6,000 new claims for Disability Insurance are filed
throughout the nation. That is over a million and a half applications each
year. As of July of this year, monthly benefits were being paid from the
Disability Insurance Trust Fund to 8.4 million individuals including
6.7 million disabled workers and 1.7 million of their dependent
family members, primarily minor children. The number of disabled workers as a
percentage of insured workers rose from 2.5 percent in 1990 to
3.3 percent in 1995 to 3.8 percent in 2005. The average monthly check for
people receiving disability insurance is $939.
The Disability Benefits Reform Act of 1984 established the contemporary
concept of disability determination that made it easier to claim mental
disability. Anybody who is unable to engage in any substantial gainful activity by
reason of any medically determinable physical or mental impairment which can be
expected to result in death or which has lasted or can be expected to last for
a continuous period of not less than 12 months is eligible for Disability
insurance under 42USC(7)II§423.
14. The right of persons with disabilities to
work, on an equal basis with others; includes the right to the opportunity to
gain a living by work freely chosen or accepted in a labour market. A work environment should be open, inclusive
and accessible to persons with disabilities.
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
healthy working conditions are prohibited.
The rights of persons with disabilities to just and favorable conditions
of work, shall be on an equal basis with others, including equal opportunities,
such as union membership and equal remuneration for work of equal value, safe
and healthy working conditions, including protection from harassment, and the
redressing of grievances. Disabled
people shall be employed in both the public and private sector. Disabled persons shall have access to
vocational and professional rehabilitation programs. State 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 forced or compulsory labor.
15.
The information age has created two campaigns for people with
disabilities. First, access to
information and communication technologies creates opportunities to everyone in
society, but perhaps no-more so than for persons with disabilities, who have
the time and ability to produce well reasoned research reports when the rest of
society drives off with their cell phones.
When available to everyone, information technologies foster individuals
to reach their full potential, and for persons with disabilities it allows them
to play their part in society’s development.
According
to the most recent National Assessment of Adult Literacy, the percentage of
college graduates deemed proficient in prose literacy and the production of
documents has actually declined from 40 to 31 percent in the past decade. Society therefore demands that the
housebound disabled people do the research for the rest of a society that is increasingly
illiterate. The other side of this
problem is that the government and corporations are obviously not paying for
the documents supplied and in fact engage in senseless retaliation against the
superior literacy that seizes control of society. Second, many persons with disabilities
remain unable to take full advantage of the Internet as most websites are:
inaccessible to the blind and visually impaired, heavily dependent on using the
mouse, and training is often conducted in inaccessible formats and venues. As persons with disabilities are amongst the
most marginalized in society, many do not have access to information
technologies at all. The State will
need to take much greater responsibility for paying the author’s of legitimate
research and fostering the spread of computers and information technology.
16.
The right of persons with disabilities to education shall be granted without
discrimination and on the basis of equal opportunity to an inclusive, education
system at all levels, and life-long learning.
Education is important for the full development of the human potential
and sense of dignity and self worth, and the strengthening of respect for human
rights, fundamental freedoms and human diversity. The development by persons with disabilities of their
personality, talents and creativity, as well as their mental and physical
abilities, to their fullest potential requires access to a decent education
that can take into consideration any special needs they might have. States shall ensure that 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 and secondary education on the basis of disability. States shall take appropriate measures to
employ teachers, including those with disabilities, who are qualified in sign
language and Braille.
17.
Health is particularly important for disabled people whose entire status
is reliant upon the diagnosis of a mental or physical disorder. Persons with disabilities have the right to
the enjoyment of the highest attainable standard of health. The Draft Convention
fails to achieve these standards and becomes confused by trying to provide
health care without discrimination on the basis of disability although in the
provision of health care it is important that people receive the best treatment
for their disability. Furthermore the violence,
injury or abuse, neglect or negligent treatment, maltreatment or exploitation
needs to be linked to the health professionals who must speak openly about
these endemic behavioral problems rather than in metaphorical screams of rape
that emit from the Draft Convention. To prevent crime, organized or random,
programs serving the disabled shall provide information and
education on how to avoid, recognize and report instances of exploitation,
violence and abuse. 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 monitored by independent authorities. 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 protection services, shall be provided. Legislation and policies shall identify, investigate and when
appropriate prosecute instances of violence, abuse and exploitation against
people with disabilities.
18. Young people, particularly girls, who are disabled, are
particularly vulnerable to violence, abuse and exploitation. According to the
American Academy of Child and Adolescent Psychiatry, over 500,000 children
in the U.S. currently reside in some form of foster care as of last
year. An average of 20,000 children age
out every year. For the children
in foster care on September 30, 2004, the average amount of time they had
been in the system was 30 months. 29 percent of children leaving care in
2004 had been away from home for a year or longer. 53 percent of the young
people leaving the system were reunified with their birth parents or
primary caregivers. About 30
percent of children in foster care have severe emotional, behavioral, or
developmental problems. Many children
in foster care, often at an extremely young age, are forced to consume
psychiatric drugs, often in large quantities, irregardless of the harmful side
effects that they suffer. In Florida,
for example, foster kids younger than 5 years old were treated with
psychiatric medications at a rate nearly four times higher than the
general population of children receiving Medicaid. The foster care system clearly needs to protect itself from the psychiatric
drug industry by remaining vigilant to unnecessary and excessive medication
with an eye for discontinuing this form of abuse and exploitation and
prosecuting cases that meet the threshold of violence and those organizations
and groups of psychiatrists who are inundating the foster care community with
drugs and profit sharing plans by terminating licenses and contracts.
19. The disabled and elderly are extremely
vulnerable to abuse by their health care providers and medical errors and
oversights are a leading cause of avoidable death. In the 2003 report on Death by Medicine
in the USA the authors found that the number of people having in-hospital,
adverse drug reactions (ADR) to prescribed medicine is 2.2 million. The number
of unnecessary antibiotics prescribed annually for viral infections was 20
million. The number of unnecessary medical and surgical procedures performed
annually is 7.5 million. The number of people exposed to unnecessary
hospitalization annually is 8.9 million. The total number of
iatrogenic, medically caused, deaths is estimated at 783,936. It is evident
that the American medical system is the leading cause of death and injury in
the United States. The 2001 heart disease annual death rate is 699,697; the
annual cancer death rate, 553,251. It
is estimated that in 2003 106,000 people died of Adverse Drug Reactions (ADR), 98,000
from medical errors, 115,000 from bedsores, 88,000 from infections contracted
in hospitals, 108,800 from malnutrition, 199,000 from neglect as outpatients, 37,136
from unnecessary procedures and 32,000 from surgery related complications. Iatrogenic events often go unreported. At 14 percent of the Gross National Product,
health care spending in the US reached $1.6 trillion in 2003, the most in the
world. Considering this enormous expenditure, we should have the best medicine
in the world. We should be reversing disease, preventing disease, and doing
minimal harm. However, careful and objective review shows the opposite –
medicine is extremely dangerous. The
medical establishment needs to refocus from making money, often dishonestly, to
assuring everyone has the best chance for a long and healthy life.
20. Health is a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity. The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition and is of particular concern to disabled persons. The extension to all peoples of the benefits of medical, psychological and related knowledge is essential to the fullest attainment of health. The terms ''medicine'' and ''medical'', include preventive and therapeutic medicine, dentistry, pharmacy, hospitalization, nursing, public health, and the fundamental sciences related thereto, and other related fields of study, research, or activity. Health care should be supportive of public health, by promoting both access to existing medicines and research and development into new medicines. Health policy should focus upon the elimination of hunger and malnutrition and the guarantee of the right to proper nutrition and the raising of general standards of literacy, in order to achieve the highest standards of health and the provision of health protection for the entire population, if possible free of charge. Unequal development in different countries in the promotion of health and control of disease, especially communicable disease, is a common danger. Healthy development of the child is of basic importance; the ability to live harmoniously in a changing total environment, nutrition and vaccinations are essential to such development. Strategies for training, recruitment and retention of sufficient public health personnel, and systems of prevention and of immunization against infectious diseases, reinforce measures to eliminate discrimination in access to health care, information and education for all people, especially for the most underserved and vulnerable groups.
21. Social security should be administrated with a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of people to achieve: Higher standards of living, full employment, and conditions of economic and social progress and development; Solutions of economic, social, health, and related problems; and cultural and educational co-operation; and Universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, religion or disability. Everyone has a right to social security, including social insurance. Each State Party undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights. The provision of comprehensive social security schemes and social welfare services is accomplished with the establishment and improvement of social security and insurance schemes for all persons who, because of illness, disability or old age, are temporarily or permanently unable to earn a living, with a view to ensuring a proper standard of living for such persons and for their families and dependants; by (a) assuring the right to work and the right of everyone to form trade union and bargain collectively, (b) eliminating hunger and malnutrition, (c) eliminating poverty, (d) upholding the highest standards of health, (e) providing housing for low income people. Everyone, as a member of society, has the right to social security and is entitled to its realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for their dignity and the free development of their personality.
22. For the Draft Convention on the Rights of Persons with Disabilities to reach its conclusion the Ad Hoc Committee will need to address the issues of health and social security. In so doing the Committee will need to delve further into the history of disability law to arrive at the establishment of the social security insurance schemes protecting the disabled and the principles regarding health in the Constitution of the World Health Organization as well as contemporary treaties upon the subject of health. Social security is too important for the disabled for the Draft Convention to omit reference to this economic safety net for the poor who retire or become disabled that includes coverage for their health care. Social security is the international standard for the provision of welfare and relief to disabled people and is so important as an institution and a right that social security requires an entire Article in the Draft Convention. Health is similarly important for disabled people, whereas their entire status is derived from the medical diagnosis of a physical or mental disability, and the current article is unsatisfactory the Constitution of WHO and health treaties must be scoured for the language that most conveys the information needed to provide for the right to the highest attainable standard of health, as done in this article. Whereas health and social security are the establishments with which the disabled have the most vested interest it is conceivable that entrenched interests there from could be a hassle for the Ad hoc Committee however they are mostly benevolent so corruption should not be a grave problem for legislators. When the issues of health and social security law edit themselves, it would seem that the Convention on the Rights of Persons with Disabilities would be done.
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