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Goddess Amani

People with disabilities make up more than 10% of the world’s population and (1) 80% of these individuals live in developing countries in Asia, Africa, and Latin America. People with disabilities are considered the largest minority in human society. This minority is subject to various forms of discrimination and social and legal deprivation. In the field of international law and United Nations conventions on the rights of persons with disabilities, the Universal Declaration of Human Rights in 1948 is the first international document that recognizes the rights and dignity of individuals who also face physical and mental disabilities.

But the growth, development, and expansion of the human rights paradigm over the past 71 years has gradually extended the general concepts outlined in the Universal Declaration of Human Rights to specific marginalized groups and social classes within society. This trend is reflected in the documents and resolutions of the United Nations conventions. The first wave of human rights, known as “negative rights,” includes rights that must be respected simply because of one’s humanity, such as the right to life, movement and travel, thought and expression, freedom of speech, assembly and association, religion, and political participation. The second wave of human rights, known as “positive rights,” encompasses economic, social, and political development standards, such as the right to housing, health, education, employment, and more recently, access to the virtual space. The intertwining and intersection of the first and second waves of rights has led to the growth of human rights concepts and intersectionality, addressing discrimination and barriers to accessing these rights, and providing a platform for

The paradigm of human rights and disability is evolving and emphasizes the rights of all individuals, especially those whose rights have been violated in some way, particularly in the second wave of UN resolutions or positive rights. These individuals face countless obstacles in accessing the rights, dignity, and worth that they deserve as human beings. This paradigm, from a philosophical standpoint, challenges the theories of Martha Nussbaum, an American philosopher and jurist who introduced the “capabilities approach” in the 1980s. This philosopher presents an alternative to the theory of “economic welfare” and generally argues that human dignity or worth is determined by human capabilities, which include 10 capabilities such as life, bodily health, bodily integrity, the five senses, imagination, thought and reasoning, emotions, making choices for daily life, a sense of belonging, control over one’s environment, and relationships with the outside world.

The theory of “capability approach” actually considers individual capabilities as the basis for possessing human rights, rather than just having these rights by virtue of being human. This theory values the economic worth of an individual’s ability to contribute to society.

The Convention on the Rights of Persons with Disabilities recognizes that human rights and dignity should be afforded to all individuals in society solely based on their “humanness,” and that the abilities or limitations of individuals should not be a basis for violating their economic, social, and cultural rights. The intersection of poverty and disability is a vicious cycle that has seriously endangered the lives of many people around the world. According to a report by the World Bank, 20% of the world’s poorest people suffer from some form of disability. This is because impoverished individuals are more at risk for physical and mental disabilities. They are more likely to suffer from malnutrition, lack access to healthcare facilities, live in unsafe conditions, face mental stress, and endure harsh working conditions, which can all contribute to physical and mental disabilities. These disabilities themselves are serious barriers to their human rights, education, employment, and access to social services, making it even more challenging for them to escape poverty. Additionally, physical and mental disabilities can also

Intersectionality of gender and disability is also faced with countless challenges. The field of women’s rights has a wider range of legal and cultural discrimination compared to men, and these discriminations violate their human rights with even more serious barriers. The intersection of gender and physical and mental disabilities puts women at even greater risk of violence. Physical limitations, mobility and transportation, communication, social isolation, along with cultural burdens and patriarchal beliefs, subject women with disabilities to various layers of discrimination and violation of human rights, especially violence.

The number of disabled individuals in the world is growing. The main reasons for this are as follows:

• New diseases emerged, including AIDS and advanced understanding of some diseases that classify them as disabilities.

• Nervous pressures, alcohol, and drugs.

• The increasing number of elderly people in the world. In developed industrial countries where the average age is over 70, 11.5% of the population suffer from some form of disability in the last 8 years of their lives.

• Violence, war, displacement. According to United Nations statistics, for every child who loses their life in war and military conflicts, three children become disabled for the rest of their lives. These injuries and damages are both physical and psychological.

Support for people with disabilities and social movements began in the late 19th century and has seen significant growth during the 20th century. The first activities to support the blind were carried out in 1889 and for the deaf in 1890 in England. In America, these efforts increased after the end of World War II. The 1989 Convention on the Rights of the Child also specifically states that signatory countries are obligated to provide children with disabilities with suitable conditions to ensure their self-reliance and create encouraging conditions for their active participation in society. In fact, all United Nations documents and conventions, including the Beijing Declaration, emphasize the responsibility and accountability of governments in guaranteeing the rights of people with disabilities, women, and other marginalized social groups, and hold them accountable for meeting their needs. This is because individuals in these groups and social strata are more vulnerable to disabilities and face even greater challenges in achieving their rights as human beings.

In 1981, the International Year of Disabled Persons was named in order to draw attention to the challenges faced by individuals with disabilities and to provide solutions for ensuring their rights and equal opportunities. Additionally, the years 1992-1983 were designated as the Decade of Disabled Persons. The main goals of this decade were to address challenges faced by individuals with disabilities in areas such as economic participation, employment, equal educational opportunities, and social inclusion.

From March 30, 2007 – 15 years after the end of the Decade of Persons with Disabilities – the draft of the Convention on the Rights of Persons with Disabilities was adopted by the United Nations General Assembly. The provisions of this convention are a set of rights included in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the overall spirit of previous conventions before the Convention on the Rights of Persons with Disabilities.

Right to life (Article 10), equality and non-discrimination (Article 5), independence of life (Article 19), equal rights to access educational facilities (Article 24), social and political participation (Article 29), employment (Article 27), and other provisions reaffirming the principles of international human rights documents and the rights of vulnerable social groups.

Furthermore, this convention obligates states to establish a committee or council for permanent monitoring at the national level to ensure the implementation of the provisions of the convention and hold states accountable.

Iran.

The issue of individuals with disabilities in Iran is of special importance. Iran is not only among the countries of Asia, Africa, and Latin America – which encompass 80% of the world’s disabled population – but the Iran-Iraq war has also caused a significant number of individuals in Iranian society to become disabled.

Similarly, mental attitudes, especially towards individuals with disabilities caused by mental illnesses, in Iran and other countries in the region, increase the importance of supporting the human rights of disabled individuals in Iran. Violation of women’s human rights, patriarchal culture, and disabled women face numerous challenges. In addition, increasing poverty and the huge gap between the powerful and the vast majority, who are caught in the grip of ruthless economic pressures and poverty, subject these subgroups to various forms of discrimination, including gender, ethnicity, and religion, and multiple violations of their human rights.

On the other hand, although Iran has signed the Convention on the Rights of Persons with Disabilities and has passed laws such as the Law on Protection of Persons with Disabilities in 2004 and the Law on Ministry of Welfare and Social Security in the same year, as well as the Draft Law on Protection of the Rights of Persons with Disabilities in 2017, the reality of Iranian society reveals numerous challenges in the implementation of these laws. For women with disabilities, especially those who face gender-based discrimination not only in the law but also in the dominant culture of Iranian society, the challenges are even greater. For example, women’s rights in Iran are violated in terms of equal job opportunities and employment in general, and Iran has one of the most severe gender gaps in the world between women with higher education and employment rates. In such a context, even the bill to reduce working hours for women with special conditions, which was approved by the parliament and allows women to work 36 hours per week instead of the

In Iran, according to the 2011 national census, there are 1.3 to 1.6 million people with disabilities, which makes up 2% of the Iranian population. However, according to statistics from three government agencies providing services to people with disabilities, there are more than 1.87 million, or 4.2% of the country’s population, who have disabilities. The reality of collecting information about people with disabilities, and especially the definition of disability in Iran, seriously increases the statistics of this group in Iran, and some government officials estimate the number of people with disabilities to be 11 to 14% of the total population.

The unemployment rate for people with disabilities, according to the Human Rights Watch report, is 60% and those who receive financial assistance are also facing severe economic pressures. This is because the government’s monthly allowance for these individuals in 2017 was 1,480,000 rials, which is less than one-sixth of the minimum wage in Iran and has been criticized. It is clear that this amount is not enough to cover the basic cost of living.

The rights of citizens with disabilities in Iran, like other citizens who face multiple layers of discrimination, are often violated. The Iranian government is obligated to address this issue and provide solutions to respect the rights and dignity of individuals with disabilities.

Notes:

1. The human rights watchdog estimates this figure to be one million people.

2. For more information, refer to the Convention on the Rights of Persons with Disabilities.

   Website.

   Iran Society of Disabled People.

3. Regarding statistics, refer to the .

   Website.

   The disabled are moving towards tomorrow.