Rights Of Differently Abled Persons Under The UNCRPD: A Comparative Analysis Of The Indian And Sri Lankan Legal Frameworks
- IJLLR Journal
- 30 minutes ago
- 1 min read
K.P. Sathira Kithmina, LL.M., South Asian University, New Delhi
ABSTRACT
The empowerment through the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) has brought about a paradigm shift from the concept of persons with disabilities based on welfare to those with disabilities based upon equality and social inclusion. However, within the South Asian context, the domestication of these global commitments and obligations is disperse and uneven. In this scenario, the paper undertakes a comparative study to evaluate and assess the different legislative regimes and development with respect to the rights of differently abled persons in both Indian and Lankan jurisdictions, who share common constitutional and post- colonial traditions. The paper critically evaluates and examines constitutional charters and post-constitutional developments and judicial mind-sets to determine to what extent and measure UNCRPD ideologies have percolated into and influenced these domestic jurisdictions. The results show that though there has been some development and legislative codification based upon international ideologies and charters with respect to the rights and empowerment of persons with disabilities within Indian jurisprudence compared to Lankan jurisprudence, it remains firmly rooted and based upon prevailing social and governmental perceptions rooted and based upon welfare ideologies and philosophies. This study employs a doctrinal qualitative and comparative legal methodology based on the analysis of domestic laws, judicial decisions, and international disability rights instruments, particularly the UNCRPD, in India and Sri Lanka.
Keywords: UNCPRD, Rights of differently abled persons, South Asian context
