The World Of Tzu Chi(Vol.128)

2020 • 11 06 eature W hat is disability? In the past, it was assumed that people living with disabilities could only rely on social welfare to survive and that was a rather discriminatory view. In 2006, the Convention on the Rights of Persons with Disabilities (CRPD) was adopted at the United Nations (UN) Headquarters, and it entered into force in 2008. The Convention calls for a change in viewing PWDs as “objects” of charity that need medical treatment and social protection, to viewing them as “subjects” with rights. Instead of focusing on the disabilities, it is more respectful to view them as individuals with physical or mental impairments coupled with the impeding factors in their environment, which restrict their participation in society. Malaysia has ratified the CRPD. Here, individuals with disabilities are referred to as PWDs. The World Health Organization’s (WHO’s) definition of disability is relatively closer to the traditional perception people have of it. But from the human rights perspective, disability is a topic that should be discussed and heeded. The purpose of the CRPD is to “promote, protect and ensure full and equal enjoyment of all human rights and fundamental freedoms by all PWDs, and to promote respect for their inherent dignity.” The general principles of the Convention are “respect for inherent dignity and individual autonomy, non- discrimination, full and effective participation and inclusion in society, respect for difference and acceptance of PWDs as part of human diversity and humanity, and equality of opportunity.” Pre-CRPD, PWDs were regarded as medical problems. Hence, national disability policies were derived from the Western modern medicine studies and discussions. Under the premise that there was no cure, PWDs were left to face their own life tragedies. It was not easy to resolve the biased understanding and defend the rights and dignity of PWDs. As opposed to traditional definitions such as “lack of opportunities to participate in social life or limitation of opportunities”, the UN promulgated the Standard Rules on the Equalization of Opportunities for PWDs in 1993, where the term “disability” summarizes a great number of different functional limitations. In facing PWD issues, charity relief or compensations offered by most countries are part of social welfare, with hope that the PWDs will follow medical instructions to accept medication, rehabilitation and assistive devices. For severe cases, they should even be isolated or locked up. Since the 1960s, the disability movements in the UK, US and Northern Europe have been trying to break the stereotype that PWDs are welfare demanders and social dependents. In fact, excessive protection and subsidies still imply the concept of “human difference”. The CRPD committee has been reminding on the importance of transforming mindset and achieving paradigm shift. Its spirit is to grasp on human dignity, which is the key to transforming one’s mindset. For example, giving PWDs the rights to decide freely and independently, eliminating social discrimination, encouraging PWDs to integrate to society, accepting PWDs as part