Convention of Rights 3: Definitions

The United Nations Convention on the Rights of Persons With Disabilities (CRPD) forms the foundation of disability rights laws in Uganda and is the model for the Persons With Disabilities Act (PWDA) 2006. The CRPD underlines and recognizes that persons with disabilities (PWDs) are entitled to all the human rights enunciated in the The Universal Declaration of Human Rights. If you are a PWD the rights in the CRPD are your rights, if you do not have a disability it is your duty to uphold and promote these rights.

Article 2 of the CRPD offers definitions to key terms in the Convention:

• “Communication” - means of  accessible languages for PWDs like braille, sign language, recordings and other media.
• “Language” - is any spoken, written, signed or other accessible language.
• “Discrimination on the basis of disability” - an action that impairs of nullifies a PWD so they are denied their human rights.
• “Reasonable accommodation” - changes to a building to make it accessible, for example ramps for wheelchairs, people who can sign, braille and tactile signs.
• “Universal design” - making things easy to use for the whole population through design and assistive devices.

It is important to note that "disability" has not been defined in this section. Disability was defined in the preamble (see Convention of Rights 1: Introduction) in the following way:

disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others.

Concepts of disability are changing all the time. For instance disability used to be defined using medical criteria, this meant that disability was understood as a disease or a sickness which needed to be treated. This new definition changes the emphasis, PWDs have impairments and they become disabled when they interact with the environment meeting a barrier. The barrier the person encounters can be physical (like stairs if you are in a wheelchair or using crutches) or attitudinal (like stigma and prejudice).

The CRPD maintains that the barriers that PWDs encounter prevent them from fully taking part in society. Moreover disability is recognized as part of human diversity and becomes a human rights issue. It is the role of the CRPD to uphold human rights and remove as many barriers as possible.

If you are a PWD you have an impairment. Your disability only becomes apparent when you encounter a barrier which can be either physical or attitudinal. It is your right to live in a barrier free environment.

Disability arises when a person with an impairment meets a barrier.

This is written in Article 2 of the CRPD in the following way:

Article 2
Definitions

For the purposes of the present Convention:

“Communication” includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology;

“Language” includes spoken and signed languages and other forms of non spoken languages;

“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;

“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;

“Universal design” means 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. “Universal design” shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.