Protecting rights of humans despite diversity

Towards a universal accessibility

By Dhaneshi Yatawara

Travelling in one of those sardine packed busses during a steaming noon of yet another day I saw a remarkable young woman - may be in her early twenties - standing just in front of me. I was astounded for not seeing her at first.

The amazing fact was that she was standing firmly among the packed crowd though she was a girl without her two arms.

Yet she was carrying her bag on her shoulder and above all she aggressively refused to accept the seat I offered her. Astounded by her response, I was really thinking whether I was wrong - Yes, I was wrong and she was right.

It was truly unfair of me to treat her with such a sympathizing manner and she had every right to be as an average individual. She got down near the University and I guessed she must be an undergrad.

Several months after that episode, during a discussion with a lecturer of that University I learnt she was an undergraduate. This courageous woman was a star among the crowd. How many of us have that privilege?

This is a glimpse of yet another success story of those differently-abled people - a spirited group of people getting along with their lives more meaningfully than all the able bodies.

The International Day for the people with disabilities falls on the 3rd of December each year and it is just a round the corner. We have passed many such days and looking back, has anything fruitful really happened? Are we addressing this concerned issue with proper sensitivity? Really speaking it is not so.

Opportunity

Do they need sympathy? Not at all. In a way they are stronger than all the so called 'abled' people. May be that is the magnificence of life. "We need sensitivity (proper) to this issue," said Dr. Chandani Liyanage, a sociologist of the University of Colombo. Dr. Liyanage was involved in many research of this social identity and had greater observances during the past several years.

"They need equal opportunities. And not just basic needs. They need dignity, respect, active participation within the society," she emphasised.

During the discussion she further stated there are several identities or diversities in a society and people with disabilities are a part and parcel of the society.

The International Day for the Disabled People this year, as declared by the United Nations, focuses on the accessibility.

State regulation

The 'extraordinary gazette' issue of 17th October 2006 by the Government, the Protection of the Rights of Persons with Disabilities Act No.28 of 1996 states, "The provisions of these regulations shall be applicable to all public buildings, public places and to places where common services are available, to which buildings, places and services persons with disabilities have access.

"Provided that all existing public buildings, public places and places where common services are available, shall within a period of three years from the coming into operation of these regulations, be made accessible to persons with disabilities in compliance with the provisions of these regulations".

Accordingly, no Certificate of Conformity shall be issued by any "relevant authority' in respect of any building, construction, reconstruction or renovation of a public building, unless the relevant authority is satisfied that the plan adheres to the regulations.

The inspiration

IDIRIYA (The Future), is a registered group of professionals in diversified fields working towards designing buildings for inclusion of everyone as an effective solution addressing this grievous social problem of national importance. Idiriya with the backing of the strong leadership of Dr. Ajith C. S. Perera, the founder and Secretary General, heads towards a universal accessible society. Members of Idiriya are people with disabilities. Yet with strong determination Dr. Perera has achieved tremendous success.

"We all are potentially disabled people or temporary able bodied," Dr. Perera added.

"Architects and professionals in the building industry are custodians of our living environments. However, it is a real tragedy that they forget this vital fact in designing public buildings and places. It has already caused a wide and diverse sector of people, estimated 26%, to fight this silent battle daily to access and use most facilities and services," Dr. Perera added.

He emphasised that failures here has created unwanted dependants with lost opportunities with their true potential to contribute and thus marginalized from mixing with society. As a group of people with disabilities and fighting to get along with their lives, they are feeling the bitter truth they are facing.

"We are a fast aging population and already 14% are over the age of 65 years. It means rapid rise of chances of reduced muscle power, dexterity and eye sight, meaning diminished ability to walk or move easily. Climbing even one or two steps is not as easy for all, since the mind and body coordination is affected," Idiriya Chief, Dr. Perera highlighted.

Dr. Perera points out a very big diverse sector use mobility aids such as wheel chairs, crutches and walking aides to be mobile as much as possible with noted increase in road accidents, natural disasters and victims of war.

Actively involved in this mission to 'enable and empower' society Dr. Perera added that the biggest asset very many of the business leaders received was gaining the right attitudes to see things in the right perspective. "Sri Lanka Standard Institution was perhaps the first to recognise this thinking and actively supported my initiatives to introduce Sri Lankan standards for buildings last March (2006)," he added.Several star class hotels, leading banks, libraries and post offices have modified their building structures to empower their customers with the assistance of this service due to the visions of the untiring leader.

He said, "Designing for inclusion of everyone is an art with a science.

There is certainly a dearth of architects, designers and builders who are truly competent to do a meaningful job to include all the people. By looking at the facilities made available at the five star hotels and other business establishments aided by reputed architects and professionals in construction industry, proves this fact."

The Social responsibility

"Accessibility is not just physical. It is a social accessibility as well," Dr. Chandani Liyanage said during our discussion, further stating that it is important to identify social diversities when considering accessibility."Regulations are there. People are aware of the fact. We only need to be little bit more sensitive towards this issue," she stressed.

"They need support not to promote dependency but need support to promote their independency" she added.

The sacrifice

Lance Corporal Wasantha, with 18 years of service in the Sri Lanka Army was very much satisfied with the present job he holds at the Ranaviru Sevana the Army Rehabilitation Centre at Ragama. He himself is faced with physical disability as a result of him being injured in 1997 where a shrapnel pierced in to his forehead and the left eye. It left him partially blind and the left side of his body partially paralysed.

"We being disabled need support but not sympathy. We have strength to carry on in life," this brave soldier kept stressing.

"I was depressed at the start and would have been better had I died on the spot. But, now I know the value of living and my ability to support my brethren in the Army when they are in need of good backing," Wasantha said.

Brigadier S.A.D.S. Varusawithana , Director for Rehabilitation, pointed out that there is a significant change in the group at the beginning and after the councelling sessions. Being a counsellor herself Brigadier Varusawithana highlighted that these people never expect sympathy but strongly need assistance and support to get independent and contribute to their service productively.

Along with understanding with his exposure to a cross section of disabled soldiers as an administrative officer, Major Roshan Thirimanne said, "As soldiers we do not feel that we do our job risking our lives. Even when I got wounded I did not feel so. May be because, then in 1996, I would have been inexperienced, professionally and personally."

Major Thirimanne, now serving at the Ranaviru Rehabilitation Institute as an Administrative Officer meet day-to-day officers and soldiers now going through similar past experience.

"A person being disabled does not mean that he or she should be confined to one place and the life should pause at that point. Life can go on. And nobody has the right to discriminate the rights of a disabled person on any grounds," he stressed.

One of the outstanding divisions among the people with disabilities is those participating in sports, and specifically were chosen to represent 'Para olympics' for the past several years.

Their success stories, revealed by several officials of the National Federation of Sports for the Disabled, are remarkable.

At the Sydney Olympic 2000 there were three participants and in the following meet in Athens in 2004 the number increased to seven.

During Sydney games, Nalin Priyadarshana, an arm amputee from the Sri Lanka army, participated in the long jump event and another Army personnel Chaminda Priyadarshana in swimming and Sandun Perera, an civilian, power lifting.

Nalin achieved the 7th place in the long jump while the swimmer Chaminda fifth in 50 metres free style and Sandun 11th place in power lifting.

During the Athens Meet there were seven - Chaminda Priyadarshana in swimming, S.B. Tennakoon - high jump, Rajiva Wickramasinghe - Archery, Berty Silva and Manathunga - wheel chair tennis.

And in the Commonwealth Games, for the first time, Sri Lankans participated in limited number of events.

"We have highly committed sportsmen and coaches and within this limited time period and their achievement remarkable. If we pay more attention, particularly the sponsorship they will perform miracles," an official of the Federation commented.

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Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities and its Optional Protocol was adopted on 13 December 2006 at the United Nations Headquarters in New York, and was opened for signature on 30 March 2007. There were 82 signatories to the Convention, 44 signatories to the Optional Protocol, and one ratification of the Convention. This is the highest number of signatories in history to a UN Convention on its opening day.

It is the first comprehensive human rights treaty of the 21st century and is the first human rights convention to be open for signature by regional integration organisations. It marks a "paradigm shift" in attitudes and approaches to persons with disabilities.

The Convention is intended as a human rights instrument with an explicit, social development dimension. It adopts a broad categorisation of persons with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms.

It clarifies and qualifies how all categories of rights apply to persons with disabilities and identifies areas where adaptations have be made for persons with disabilities to effectively exercise their rights and areas where their rights have been violated, and where protection of rights must be reinforced.