Aspirations of the disabled community in Nepal have begun to be heard in Nepali society. Will the day dawn when the disabled in Nepal can reach their full god-given potential despite their disabilities? Tenacity, patience and persistent advocacy will be required for them to succeed!
“Disability”, temporary or permanent, represents conditions of human inabilities. Humans, by nature, are imperfect and different. They come in various shapes, sizes, colors, abilities and inabilities, genders, intellect, etc. “Disabled” is a generic expression for an individual’s condition. It is an expression of the need to define “disability” based on perceived norms of the “abled”. Often, disabled people are labeled “otherwise-abled” or “differently-abled”. Such attempts to give a positive image to perceived negative and unfortunate human conditions beg answers to the questions:
Is a deaf child “disabled”, “otherwise-abled”, or “differently-abled”? How about one who is deaf, dumb, and blind? How should individuals be labeled if they become temporarily or permanently paralyzed and wheelchair-bound because of accidents, wars, conflicts or other events? Premature children may have devastating prognosis: visual impairments, cerebral palsy, and mental retardation, speech and mobility impairments, and other disabilities. The general classification of “disabled” fits all cases.
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Realistically, the disabled, their advocates and families have mind-sets to change and hurdles to conquer. They experience continued challenges, obstacles, and discrimination. Despite laws, not even all US communities provide equal opportunities for the disabled, who strive to lead dignified, meaningful, and productive lives.
After World War II, concerned, assertive parents and advocates in the United States demanded opportunities for the disabled. Their achievements include the current “Individual with Disabilities Educational Act (IDEA)”.
It guarantees free appropriate public education for the disabled in the least restrictive environment. The US Congress passed the landmark “Americans with Disabilities Act (ADA)” on 26 July 1990 after the resurgent demands for civil rights in the sixties. This law makes discrimination against the disabled illegal, guarantees and protects their civil rights, and effectively provides legal avenues to equal opportunity for the qualified disabled. They are assured the chance to lead productive, meaningful lives within the limits of their disabilities. This federal law applies to all 50 US States. Some States are more progressive than others in executing these laws. ADA, designed to meet the needs and aspirations of the disabled, enables challenges when violated.
These incredible laws open up limitless opportunities for the disabled. Premature low-birth weight babies, prone to unpredictable disabling conditions, are guaranteed a brighter future. Children with developmental delays, mental and physical disabilities, such as mental retardation, cerebral palsy, visual impairment, receive services including early childhood intervention, education, and therapies to secure their utmost development. Special Education Schools provide the least restrictive environment needed for their full potential development.
Access and mobility features are incorporated in everyday living. Like the “abled”, the “disabled” receive equivalent opportunities. Despite countless failures and disappointments, ups and downs, children who receive early and appropriate intervention end up leading productive, meaningful lives.
ADA defines “disabilities” by listing the broad categories of medical, physical and mental conditions that disabled people encounter. It allows individuals to be evaluated to find out their qualification for the needed help and services. Individuals get services for their qualified disabilities under these broad classifications.
Certain perceived conditions do not meet the definition of “disability”. These exclusions are: “Neither deviant behavior (e.g., political, religious, or sexual) nor conflicts that are primarily between the individual and society are mental disorders, unless the deviance or conflict is a symptom of a dysfunction in the individual. According to Title II of the American with Disabilities Act of 1990, current or future interpretation of psychological disabilities excludes common personality traits such as poor judgment or a quick temper”.
What ailments, behavior, physical conditions, or mental status make an individual disabled? ADA defines disabilities based on physical and psychological conditions and categorizes the different kinds of conditions that constitute disability. Under ADA an individual will be considered to have a disability when that individual meets any one of the following three criteria:
1. Has a physical or mental impairment that substantially limits one or more major life activities;
2. Has a record of such an impairment; or
3. Is regarded as having such an impairment.
ADA defines physical impairments as “any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine”.
Mental impairments, per ADA, are “any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities”.
Partnership between advocates, the disabled community and Nepali society should define “disabilities”.
All conditions or diseases that make up physical, mental, and emotional impairments are not listed by ADA. A comprehensive list is impractical, given the variety of possible impairments. Certain known conditions such as cerebral palsy, blindness, diabetes, lost limb and motor skills, and development delays are accepted as qualified disabilities. Doctors, mental health professionals, teachers, advocates and parents team up to identify and help.
The disabilities are also upgraded based on new discoveries and demands from society. The struggle to attain productive, meaningful lives despite disabilities and to become dignified contributing members of society is an uphill battle. Overcoming disabilities often resembles taking one step forward and moving three steps backward, and repeating the process until the destination is reached! Disabled individuals overcome disabilities through continued patience, encouragement, guidance, assistance and commitment from themselves, family, friends, medical professions, support systems and effective laws. Success is profoundly rewarding!
Effective enforceable laws encompassing all the different types of disabling conditions particular to Nepal will enable the Nepali disabled community to develop to their full potential and to lead productive, meaningful lives. The ADA framework provides a flexible yet generic and comprehensive package that defines “disabilities”. Collective, coordinated partnership as an initial step between advocates, the disabled community, and Nepali society should define “disabilities” that qualify, so that disabled individuals can aspire to achieve the ultimate goal: productive, meaningful living!
Kudos to “Nanglo Bakery Café”, Kathmandu! By providing meaningful work, this business has shown that the disabled in Nepal can also experience meaningful living within the limits of their disabilities.
The author is a licensed professional engineer in California and current Visiting Faculty at KU
baidya.a.opposite@gmail.com
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