Frequently Asked Questions
- What is the full form of UNCRPD?
- Has India ratified the UNCRPD? What does that mean?
- What are the rights of disabled people? What new rights are mentioned in UNCRPD?
- Can you please tell us what rights have been talked about in UNCRPD?
- Is UNCRPD available in any Indian language? Are any of these translations official?
- Is there an easy to read version of UNCRPD for people who have learning difficulties/intellectual impairment?
- When we have The Disability Act, 1995, in India to protect the rights of disabled people in the country, then what role does UNCRPD play?
- Do national laws need to be changed in India in order to abide by UNCRPD?
- Does that mean that people with disabilities in India have to wait to get the rights till the domestic laws are amended?
- Who implements and monitors UNCRPD in India?
- How does UNCRPD define disability? What are the types of disabilities covered under it?
- Does UNCRPD talk about terminologies that are appropriate?
- Has India ratified the Optional Protocol? What implication does that have?
- Where can I apply for funds to work for implementation of UNCRPD?
- Where can I find more material related to UNCRPD?
1. What is the full form of UNCRPD?
The full form of UNCRPD is United Nations Convention on the Rights of Persons with Disabilities.
2. Has India ratified the UNCRPD? What does that mean?
Yes. India ratified UNCRPD on 1st October 2007. It is a law of our country now. India is legally bound by the Convention and has to implement it. If a human right is denied to a person with disability, she/he can go to the Court on the basis of UNCRPD.
3. What are the rights of disabled people? What new rights are mentioned in UNCRPD?
All people have equal rights – whether a person has disability or not. UNCRPD does not provide any new right. UNCRPD clarifies and reiterates how all categories of rights apply to persons with disabilities. It elaborates in detail the rights of persons with disabilities and sets out a code of implementation.
4. Can you please tell us what rights have been talked about in UNCRPD?
UNCRPD talks of the following rights for persons with disabilities:
- Equality before the law without discrimination (Article 5)
- Right to life, liberty and security of the person (Articles 10 & 14)
- Equal recognition before the law and legal capacity (Article 12)
- Freedom from torture (Article 15)
- Freedom from exploitation, violence and abuse (Article 16)
- Right to respect physical and mental integrity (Article 17)
- Freedom of movement and nationality (Article 18)
- Right to live in the community (Article 19)
- Freedom of expression and opinion (Article 21)
- Respect for privacy (Article 22)
- Respect for home and the family (Article 23)
- Right to education (Article 24)
- Right to health (Article 25)
- Right to work (Article 27)
- Right to adequate standard of living (Article 28)
- Right to participate in political and public life (Article 29)
- Right to participation in cultural life (Article 30)
(Source: UN Enable Website; Convention in Brief – PPT)
5. Is UNCRPD available in any Indian language? Are any of these translations official?
There are no official translations of UNCRPD yet (June 2009). However NCPEDP and some NGOs have translated UNCRPD, which are available on the Translations section of this website.
6. Is there an easy to read version of UNCRPD for people who have learning difficulties/intellectual impairment?
There is a document called ‘Convention in Brief’ 
(222 KB), which is a power point presentation of salient features of the Convention which, in comparison, is easier to read than the Full Text. There is also a Simplified Version of UNCRPD 
(850 KB), developed by the Secretariat of the African Decade of Persons with Disabilities. Also, there is a ‘Draft Child Friendly Text UN Convention’ (150 KB), which explains all the relevant concepts in the Convention in a very simple manner. However, it is child focussed.
7. When we have The Disability Act, 1995, in India to protect the rights of disabled people in the country, then what role does UNCRPD play?
UNCRPD is more comprehensive than The Disability Act 1995. It provides much more to people with disabilities than what The Disability Act does. Following are some of the aspects of UNCRPD, which makes it unique and comprehensive:
- It is both a development and a human rights instrument
- It is a policy instrument, which is cross-disability and cross-sectoral
- It is legally binding
- It has many provisions that are not there in the current Indian laws
- It provides absolute guarantee of rights
- It underscores indivisibility of Human Rights – i.e. civil political rights and socio-economic rights are inseparable / indivisible.
- It brings about the acceptance of diversity as an integral part of human rights; the concept of interdependence and most importantly, it emphasises on the capability of each individual.
(Source: UN Enable – Convention in Brief; Dr Amita Dhanda, Speech at the National Consultation on 27th & 28th July 2007)
8. Do national laws need to be changed in India in order to abide by UNCRPD?
As per Article 4 of UNCRPD, India is obliged to “adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the Convention”. This means that laws / policies have to be modified / amended to implement the Convention. Laws that discriminate against disabled people should be abolished.
9. Does that mean that people with disabilities in India have to wait to get the rights till the national laws are amended?
No, we do not have to wait for the national laws to be amended. We can demand our rights on the basis of UNCRPD. We can also file cases in the Indian Courts, incase of violation of our rights, using UNCRPD.
According to Colin Gonsalves of Human Rights Law Network, “India had taken a unique and progressive position from 1979 onwards when the Supreme Court held that the international Conventions add to the rights of the citizens and it can be immediately enforced in Indian Courts without local legislations”. For example, the Supreme Court of India relied on the Convention for Elimination of all forms of Discrimination Against Women (CEDAW) and gave effect to it in a most direct manner in Vishaka vs State of Rajasthan case and framed guidelines for the prevention of sexual harassment and abuse of women even though there was no domestic law for the same.
10. Who implements and monitors UNCRPD in India?
India is obligated to create a mechanism for implementation. Article 33 of UNCRPD covers national implementation and monitoring, which states that all State Parties have to establish a Focal Point to facilitate implementation. However, Indian Government has not yet established a Focal Point for the implementation and monitoring of UNCRPD in the country. UNCRPD further states that civil society, in particular persons with disabilities and their organisations, should be involved and participate fully in the monitoring process.
11. How does UNCRPD define disability? What are the types of disabilities covered under it?
According to Article 1 of UNCRPD ‘Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.’ The definition does not specify types of disabilities.
12. Does UNCRPD talk about terminologies that are appropriate?
Yes. UNCRPD has used the term “persons with disabilities” in the entire text, which is considered the most appropriate globally.
(Source: Un Enable Website; Convention in Brief)
13. Has India ratified the Optional Protocol? What implication does that have?
India has not signed or ratified the Optional Protocol. The Union Cabinet in India approved the ratification of UNCRPD without the Optional Protocol. Read more on the optional protocol 
.
The implication of signing the Optional Protocol is that, when a complaint is made, an independent international body can come into India and scrutinise. The Optional Protocol becomes effective and an international body comes only when all the internal remedies – National Human Rights Commission (NHRC), High Courts & Supreme Court – have failed. The Government of India’s view is that India has strong internal systems in place and therefore, we do not need the Optional Protocol.
14. Where can I apply for funds to work for implementation of UNCRPD?
Please visit the funding section of this website for more information about obtaining funding.
15. Where can I find more material related to UNCRPD?
You may refer to the ‘Resources’ section of this website to get more material on UNCRPD.
For more FAQs on UNCRPD, you can visit the UN Enable Website at http://www.un.org/esa/socdev/enable/faqs.htm