Chapter II: Definitions

Note: This document includes only some key definitions presently. The list of definitions will grow as the drafting process continues. Most definitions are derived from the UNCRPD/ ICF

1. Persons with Disability:
   
   Persons with Disabilities includes those who have long term

    • Physical impairment (e.g. impairment of movement, muscles, joints, limbs, balance)

   • Mental impairment (e.g. impairment of behaviour, attention concentration, thoughts, mood, perception, cognitive functions, insight)

   • Intellectual impairment (e.g. impairment of learning (global and specific learning impairment) and impairment of applying knowledge)

   • Sensory impairment (e.g. hearing impairment, visual impairment, impairment of touch)

   which in interaction with various barriers may hinder full and effective participation of the persons in the society on an equal basis with others?
   Person with disabilities include but are not restricted to persons living with blindness and low vision, persons cured of leprosy, persons living with hearing impairment (deaf and hard of hearing), locomotor disability, mental retardation (intellectual disabilities), dyslexia (specific learning difficulties) mental illness, cerebral palsy, autism, hemophilia, muscular atrophies and dystrophies, Dementias,, Multiple Sclerosis, Parkinson’s Disease, other Degenerative Diseases of the Nervous System and multiple disabilities. This is an enumerative list of disabilities the words used to describe people with disability are the common words used today. These should in no way lead to a labeling or discrimination of people with disability.
2. Impairments of Physiological, Psychological Functions and Body Structures
   

   a. Impairments include the diversity of physiological and/ or psychological functions in the physical, sensory, mental and intellectual domains, which leads to limitation of execution of tasks or actions related to the function. Physiological functions include but are not limited to movement, hearing, visual perception etc) and psychological functions include but are not limited to attention/ concentration, orientation, behavior, mood, thinking, perception, learning and applying knowledge, memory, abstraction, problem solving etc),

   b. Impairments include diversity in form of the structure in the physical, sensory, mental and intellectual domains which leads to a limitation of execution of tasks or actions related to the structure. Body structures are anatomical parts of the body such as organs, tissues, limbs and their components.

   c. Impairments in interaction with various barriers may hinder full and effective participation in the society on an equal basis with others

     
3. Discrimination based on disability means
   

   a. “Discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation
4. Barriers may include
   

   a. Barriers may include environmental factors that make up the physical, social and attitudinal environment in which Persons live and conduct their lives and which in interaction with the impairments may hinder full and effective participation in the society on an equal basis with others

   b. Barriers may include

   i. LACK OF ACCESS TO PRODUCTS AND TECHNOLOGY for personal consumption (food, medicines), for personal use in daily living, for personal indoor and outdoor mobility, and transportation, products for communication

   ii. LACK OF ACCESS TO TECHNOLOGY Design, construction and building products and technology of buildings for public use Design, construction and building products and technology of buildings for private use

   iii. NATURAL ENVIRONMENT AND HUMAN MADE CHANGES TO ENVIRONMENT Climate,Light,Sound

   iv. LACK OF SUPPORT AND RELATIONSHIPS Immediate family Friends Acquaintances, Peers, Colleagues, Neighbours and community members Persons in position of authority Personal care providers and personal assistants Health professionals Health related professionals

   v. ATTITUDES Individual attitudes of immediate family members Individual attitudes of friends, Individual attitudes of personal care providers and personal assistants Individual attitudes of health/education/disability/ professionals Individual attitudes of health related professionals, Individual attitudes of employers

   vi. Societal attitudes
   

    vii. Social norms, practices and ideologies

   viii. SERVICES, SYSTEMS AND POLICIES Housing services, systems and policies; Communication services, systems and policies; Transportation services, systems and policies; Legal services, systems and policies; Social security, services, systems and policies; General social support services, systems and policies; Health services, systems and policies; Education and training services, systems and policies; Labour and employment services, systems and policies; Insurance services, systems and policies; Financial services, systems and policies; Electoral services, systems and policies; Other services, systems and policies which are not included in the above

     
5. Ensuring Full and Effective Participation of Persons with disability means
   

   a. Participation is the involvement of a person in various life situations or domains of life like nutrition, family, self care, independent living, civil and political life, relationships, culture

    b. Full and Effective Participation of persons with disability implies that the appropriate government shall ensure or make to happen that:

    i. Persons with disability are the primary determinants of decisions regarding their own lives

   ii. Persons with disability have access to information regarding their rights and options for the decisions they make regarding their lives

   iii. Persons with disability have the opportunity and the support for participation and decision making (to the extent required) lack of such support should never lead to exclusion, discrimination or substitution of participation and decision making

   iv. Persons with disability should have support to the extent required for participation in processes that ensure fulfillment of their right to life with dignity, education, health, food, work, relationships, access to justice, association, right to property, movement, cultural rights

   v. Persons with disability have the opportunity and support (to the extent required) for participation in and contribution to decision making in all civil society consultative processes of planning and resource allocation in the community at all levels of functioning (from the panchayati raj to the planning commission)

   vi. Persons with disability should have support for participation in political processes including elections to the extent required

   vii. Persons with disability are informed about and have equal opportunities to participate in public private partnerships

   viii. Persons with disability are informed about and have equal opportunity to participate in social audits
6. Ensuring Inclusion means
   

   a. Ensuring Inclusion implies that the decisions and actions of the appropriate government and its functionaries, taken in the process of development, analysis, planning and implementation contribute to equalization of opportunities including availability of specific opportunities and effective participation for all persons with disabilities

    b. Ensuring Inclusion means that the appropriate government facilitates and mobilizes steps and ensures the facilitation and mobilization of steps (including those to be taken by private parties) so that the potential of all its citizens by designing and accommodating the structure and functioning of all its departments, policies and programs to the needs of all persons with disabilities.

    c. Inclusion shall be ensured by including the disability dimension in data collection, analyses and interpretation of information and organization of documentation throughout the analysis and planning process.

    d. Inclusion shall also be ensured through identifying channels of information and initiating ways to involve persons with disabilities as full and effective partners at all stages of the development process.

    e. Inclusion shall also be ensured through using checkpoints at various stages in the development process (particularly resource allocation and resource utilization) to identify and assess the impact of development decisions on persons with disabilities and thus to identify options to minimize the negative effects, and to enhance the positive impact of such decisions and actions.

    f. Inclusion shall also be ensured by designing mechanisms which can launch sustainable processes for empowering persons with disabilities so that they can take charge of affairs which concern them.
7. Universal Design means
   

   a. “Universal design” means the design of products, environments, programmes, planning and procurement processes, processes for access to information, tools, curricula, human resources and services to be usable by all Persons, to the greatest extent possible, without the need for adaptation or specialized design. “Universal design” shall not exclude development and availability of assistive devices and processes for particular groups of persons with disabilities where this is needed.
8. Reasonable Accommodation means
   

   a. “Reasonable accommodation” means necessary and appropriate modification and adjustments, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms; when the cost of reasonable accommodation is disproportionate to the sources of income of the duty bearer required to put the reasonable accommodation in place, the duty bearer may seek support from the appropriate government for the same. It would be the responsibility of the appropriate government to bring out a list of mandatory and optional reasonable accommodations to facilitate this process
9. Communication means
   

   a. “Communication” includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology;

    b. “Language” includes spoken and signed languages and other forms of non spoken languages; Signed language should be given the status of a national language with an Academy to research and develop it