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The Legacy of Rights and the Right to have Rights and Use t The Legacy of Rights and the Right to have Rights and Use t

The Legacy of Rights and the Right to have Rights and Use t - PowerPoint Presentation

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Uploaded On 2017-11-19

The Legacy of Rights and the Right to have Rights and Use t - PPT Presentation

Amita Dhanda Professor of law and Head Centre for Disability Studies NALSAR University of Law Hyderabad Two Constitutions with a Bill of Rights Laws need to come good on that touchstone to be seen as law ID: 606608

disabilities rights critical persons rights disabilities persons critical autonomy statutes judicial liberty constitution law denied substantive political civil strong

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Slide1

The Legacy of Rights and the Right to have Rights and Use them

Amita

Dhanda

Professor of law and Head

Centre for Disability Studies, NALSAR University of Law, Hyderabad Slide2

Two Constitutions with a Bill of Rights Laws need to come good on that touchstone to be seen as law

Life Liberty Equality are critical to the discourse

All these rights have received both formal and substantive interpretationsHow have these rights impacted on persons with disabilities?

Rights as touchstone Slide3

As objects of welfare

Duties of social security and succor placed on the State

Political Rights denied---- be it the right to vote ; or stand for election; or hold public office Critical that such consequences occur only if the disability is pronounced by a competent court.

In the text of the Constitution Slide4

The Indian Constitution did envisage that Persons with disabilities especially intellectual and psychosocial disabilities could be denied rights

However It required that such denial should be according to a fair process with judicial oversight.

Critical Significance of Fair ProcessSlide5

With the liberalization of locus standi when Courts activated to remedy the pitiable state of institutions

Denial of the right to liberty beyond legitimate limits

Class Actions for Substantive Equality in Employment Accessibility Agitations

Engagement of Persons with Disabilities with the Constitution Slide6

All these engagements resulted in relief Whether the motivations were rights based or welfarist or an amalgam of the two subject to question

Often prompted by outrage and efforts at setting floor levels

Benefits of Judicial Activism Slide7

Four statutes with different objectives and a range of provisions in a plethora of statutes.

Primarily guaranteeing socio-economic rights

Or legitimizing the deprivation of civil political rights - these statutes were primarily perceived as fulfilling the constitutional requirement of denying liberty according to a statutorily prescribed procedure.

The Statutory Scenario Slide8

Benefits strong jurisprudence Glimpses of Autonomy, Choice, Participation, Voice : Desultory not Sustained Engagement

Evocative Awareness of the Convention in legislation, policy and adjudication

Taking StockSlide9

Awakened Community and Strong Civil Society

Demands for Autonomy are present across sectors

Issues of Autonomy and Choice on legislative Agenda whether as text or Critique

Strong Presence of Judicial Activism and a persistent activation of the Courts

Programmatic Interventions Recognizing the Value of Self Advocacy

Planning for Future Slide10

So where are we in this journey to recognize legal capacity of all persons with disabilities ?

We are neither there

; nor not there Somewhere caught between the battle of the old and the young

A battle, in which, time is in favour of the young

On Balance