دفتر وکالت داعی حق و همکاران

An overview on the social and legal situation of the handicapped

The handicapped, as one of the biggest minority groups in the world, account for one tenths of the world population and 2 to 11 percent of the Iranians (these statistics have been revealed based on different definitions of being a handicapped and also the existing diversity in statistics). These people in most cases are suffering from the poverty, isolation and being unemployed. These people who two thirds of them are living in developing countries are exposed to various types of discrimination. It is clear that like other human beings, the handicapped have the right to enjoy all the natural rights and freedom which have been mentioned in national or international documents as other human beings. Since the population of the earth is increasing, the population of the handicapped is increasing as well. War and other types of violence, lack of hygiene, acts of God and different diseases are among the main reasons that the number of the handicapped is increasing. According to the first article of the convention of handicapped people’s right law, the purpose of the current convention is improving the support and guarantee the equal use of human’s right and fundamental freedom and increasing the respect to the nature of such law. The handicapped are those who are suffering from the long-term physical or mental faults and may face problems in equal situations in the society that others can handle them easily.
In the comprehensive law of supporting the handicapped which was ratified in 1383 we are witnessing that some facilities are being devoted to these people, such as modifying their work place environment, transportation, insurance, sport, offering services and rehabilitating devices to these people, providing the house and education for them and also TV and radio are being more responsible to them. However, there is also a dark side beside all these bright sides and that is article 16 which is on providing the budget for these people. Also, we can see a lack of supervising organization on this. On one hand there has been a change on environmental situation and implementation of this law and in some cases the implementing situation for these laws has been faded. For example, in clause ‘vav’ of article 7 of the rule of supporting the handicapped it has been mentioned that 60 percent of the organizational posts should be devoted to the handicapped, but it was not finally implemented specially as the result of outsourcing.
Being in special mental and physical situation, the handicapped need special care. Not being old enough, the handicapped children cannot take good care of themselves and they also have their own special needs. However, meeting their needs should not result in their social isolation, and they should be brought up in the natural environment of the family so they can easily come to terms with their special condition.
Article 32 of children law convention has directly pointed out that a child who is suffering from a physical disability, should live in a situation that his/her dignity is reserved and enough facilities should be provided for them to be able to take part in social activities. The countries (including Iran), who have joined this convention should provide an appropriate situation for these children to be taken care of. Article 5 of universal announcement of children’s right: a child who is disabled emotionally, physically or mentally should be under special attention and care (based on his/her specific situation). Article 7 of the above mentioned convention reiterates that the members of this convention should take required actions for making sure that these children are enjoying the equal right and freedom as other children do. In taking all actions related to these children, the supreme benefit of them is of top priority. The members guarantee that the handicapped children have enough freedom in expressing their ideas in all the affairs which are related to them. Their opinions will be considered based on their age and maturity and will be put into action to fulfill their rights.
The natural result of having the handicapped participated in political and public life (based on article 29 of handicapped people’s law) is that whether they are mentally or physically disabled, they will feel that they are equally involved in decision makings and there is no more important achievement than having all the members of a society involved in the evolutionary process of their society.
Full participation in the society, creating equal chances and making an appropriate atmosphere for the handicapped are three major items which should be taken into consideration. Therefore, supporting the right of handicapped children can consequently result in the increase of the criterion of their right.

  • By Narges Maghami

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