Convention of Rights 35: Postscript, the Rights Model of disability

The social model of disability has been heavily criticized for many years (see Convention of Rights 34: Postscript, the Social Model of disability). Disability rights activists and persons with disabilities (PWDs) have been searching for an alternative model of disability. The United Nations Convention on the Rights of Persons With Disabilities (CRPD) is such an alternative that seeks to redress the failings of the social model of disability. This blog post gives a brief introduction to the rights model of disability.

The medical model of disability sees disability as something that belongs to the individual. It is not an issue for anyone other than the person affected. For instance, a person using a wheelchair cannot get into a building because of steps, the medical model suggests it is because the wheelchair, not the steps that are the problem. In contrast, the social model sees the steps as a disabling barrier (see The social and medical model of disability).

Many of the States that have signed up to the CRPD subscribe to the medical model of disability, this has 2 underlying assumptions that affect the rights of PWDs (see The United Nations Convention on the Rights of Persons with Disabilities: A commentary):

1. PWDs need shelter and welfare.
2. Disability can mean legal incapacity.

These assumptions lead to 2 problems:

The first assumption legitimizes the segregation of PWDs in special schools, sheltered workshops and living institutions.

The second assumption has led to mental health and guardianship laws that view PWDs as incapable of decision making.

The social model of disability (see Convention of Rights 34: Postscript, the Social Model of disability) was a way of understanding the nature of disability without the failings of the medical model. It was a powerful tool in moving away from the medical model. The social model however does not address the individual's experience of disability, it rather seeks to explain disability as a social construct consisting of discrimination and oppression with its focus placed more on society than the individual. 

The rights model of disability seeks to include the individual's experience of disability into the social model of disability. The following 6 arguments presented in the 2017 book The United Nations Convention on the Rights of Persons with Disabilities: A commentary describe the ways the rights model redresses criticisms of the social model:

First, whereas the social model merely explains disability, the human rights model encompasses values for disability policy that acknowledge the human dignity of disabled persons. Only the human rights model can explain why all persons with disabilities have a right to be legally recognized as a person before the law.

Second, while the social model approach to disability policy supports anti-discrimination policy and civil rights reforms, the human rights model is more comprehensive in that it encompasses both sets of human rights, civil and political, as well as economic, social, and cultural rights.

A third argument is as follows: whereas the social model of disability neglects the fact that disabled persons might have to deal with pain, deterioration of quality of life, and early death due to impairment and dependency, the human rights model of disability acknowledges these life circumstances and demands them to be considered when social justice theories are developed.

Fourth, the social model of disability neglects identity politics as a valuable component of disability policy, whereas the human rights model offers room for minority and cultural identification.

The fifth argument is that while the social model of disability is critical of prevention policy, the human rights model offers a basis for assessment when prevention policy can be claimed as human rights protection for disabled persons.

The sixth argument states: whereas the social model of disability can explain why two-thirds of the one billion disabled persons in the world live in relative poverty, the human rights model offers a roadmap for change.

Disability rights are moral rights.
Tied to a rope because she is disabled.
Lisa is tied to the tree during the day, as her parents go working. Her mother says she returns home at several periods to feed and clean her up.

The book The United Nations Convention on the Rights of Persons with Disabilities: A commentary concludes with the following observations:

The CRPD has further developed the social model into a human rights model of disability. The latter differs from the social model in at least six aspects. First, the human rights model ensures that no person with a disability is denied legal capacity. Second, it goes beyond non-discrimination rights and includes first and second generation human rights. Third, it acknowledges that impairment matters in the life of persons with disabilities. Fourth, it recognizes that identity is composed of different layers. Fifth, it provides a roadmap for non-discriminatory preventative health policy. Sixth, the human rights model proves a roadmap for disability inclusive development and humanitarian aid.

The Committee has embraced the term “human rights model” in its more recent concluding observations. Most of the States Parties’ reports, however, do not reflect a clear understanding of the human rights model of disability. While it has become unfashionable to rely on the medical model of disability, the paradigm shift to the human rights model has yet to be reflected in implementation.

The CRPD represents a significant development over the social model it disability. Through the rights model, the moral dimension of disability can be understood. Through the rights model of disability PWDs are able more clearly to know their rights and further understand how those rights can be achieved. The State and everyone in society becomes responsible for realizing the rights of PWDs.