Define Inclusion Legal Framework

(2) Adoption of various legislative measures in civil, criminal and administrative law to implement the rights recognized in international instruments. There are also some cultural and social barriers that have helped deter the full participation of persons with disabilities. Practices that discriminate against persons with disabilities may therefore be the result of social and cultural norms institutionalized by law. Changes in the perception and concepts of disability will lead to both changes in values and better understanding at all levels of society, with an emphasis on social and cultural norms that can support false and inappropriate myths about disability. One of the dominant features of legal thought in the twentieth century was the recognition of law as an instrument of social change. Although legislation is not the only means of social progress, it is one of the most powerful vectors of change, progress and development in society. (3) Automatic implementation of international legal instruments in the national legal order. Regulatory frameworks for progressive public spending – such as taxes, remittances and financing mechanisms – can strengthen social inclusion. Successful interventions have channelled resources to marginalized groups and remote and underfunded areas, and reduced inequalities in access to basic services and social protection (Kabeer, 2010: 44-45). For example, direct taxes and remittances have had a positive impact on inequality and poverty in Argentina, Brazil and Uruguay (Lüstig et al., 2013). Funding for redistribution, targeting excluded groups, has been successful in India (Jhingran & Sankar, 2009) and Brazil (UNESCO, 2010, citing Henriques, 2009). The course of the legislative process will vary according to the relevant national legal systems. For example, the inclusion of international human rights principles and standards in national constitutions – or similar documents – remains the most important way to reconcile national laws with international standards.

It notes that greater representation of women in elected bodies does not automatically enable them to be politically effective. Critical factors include: (i) elite support for women`s inclusion and equal outcomes; (ii) political coalitions that exert pressure on state/elite actors; (iii) Male allies in the State bureaucracy, in the civil society space and in the State; (iv) femocrats/politicians working for a gender agenda; (v) Strengthening women`s movements in gender equality negotiations; (vi) support transnational actors/discourses and context. Three main methods are available for translating international legal instruments into national law: (1) Direct incorporation of the rights recognized in the international act into what can be called the «Bill of Rights» in the national legal order. Translating an international convention, norm or standard into national law and then into local implementation is slow and complex, but fundamental. States have the primary responsibility for changing legislative, administrative and judicial practices in order to empower persons with disabilities to exercise their rights. States that have become parties to an international convention are legally obliged to apply the provisions of the Convention in their national jurisdiction. International law leaves it to States to take such legislative and other measures in accordance with their constitutional procedures in order to fulfil their obligations to implement and to ensure that any person whose rights or freedoms are violated has an effective remedy that can be justified before independent and impartial tribunals. Legal and regulatory frameworks can support inclusive relations between the state and society. International instruments such as declarations, resolutions, principles, guidelines and rules are not legally binding on a technical level.

They express generally accepted principles and constitute a moral and political obligation on the part of States. They can also serve as guidelines for States in the adoption of laws and the formulation of policies relating to persons with disabilities. (b) international agreements which are not binding, such as declarations and regulations, and which are relevant for the interpretation of international standards and their transposition into national law. At the international level, several non-binding international instruments specific to persons with disabilities have been adopted. The instruments include: The main UN human rights conventions are as follows: Successful rights-based approaches have focused on improving accountability and redress mechanisms that enable citizens to claim and monitor their rights (Crichton, 2012: 11; O`Neil and Piron, 2003:17; Kabeer, 2010: 45). Among these, litigation is an increasingly important tool for the realization of rights, although it can be time-consuming and costly with mixed results (Gauri and Gloppen, 2012; Joshi, 2010). Research has also shown that non-state actors can play a key role in demanding inclusive rights-based legislation by lobbying for change and monitoring government performance (DFID, 2010b). Despite some progress in legislation over the past decade, these violations of the human rights of persons with disabilities have not been systematically addressed in society. Most laws and measures for persons with disabilities are based on the assumption that persons with disabilities are simply not able to exercise the same rights as persons without disabilities. As a result, the situation of persons with disabilities is often addressed in terms of rehabilitation and social services. More comprehensive legislation is needed to guarantee the rights of persons with disabilities in all aspects — political, civil, economic, social and cultural — on an equal footing with persons without disabilities.

Appropriate measures are needed to combat existing discrimination and thus promote opportunities for persons with disabilities to participate in social life and development on an equal basis. Policy instruments, such as the outcomes of world summits and conferences, are applicable to persons with disabilities. These instruments include, for example, the Copenhagen Declaration and Programme of Action, adopted at the World Summit for Social Development (6-12 March 1995), and the Millennium Declaration and Development Goals adopted at the Millennium Summit in September 2000. All international human rights instruments protect the human rights of persons with disabilities as they apply to all. This principle of universality is reinforced by the principles of equality and non-discrimination contained in human rights instruments. A research report by the GSDRC Helpdesk summarizes the evidence on the impact of gender quotas on social and political processes and outcomes (Haider, 2011). In terms of economic, social and cultural rights, implementation will vary from country to country, depending on their level of development. However, all countries need significant programme efforts. The obligation of States parties under international human rights instruments to promote, to the extent possible, the progressive realization of relevant rights clearly requires Governments to do much more than refrain from taking measures that could have a negative impact on persons with disabilities. The more international standards on disability are known, the more likely it is that national courts will comply with these standards. This allows the courts to play an important role in the interpretation and development of international standards by applying international standards in national disability issues. A number of countries – for example, Colombia, India, Malaysia, Peru, South Africa, Sri Lanka and Venezuela – have taken initiatives for positive action in the economic, political and educational fields (Kabeer, 2010: 45-36).