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OPINION

Disability-based Discrimination Rampant in Nepal

It is difficult to effectively engage policymakers in addressing gender issues, exclusion and the need for increased visibility of persons with disabilities, especially women with disabilities in rural communities.
By Dev Datta Joshi

Government interventions fail to offer any real remedies for differently abled people


In Nepal, at least 2.2 percent of the total population has some kind of disability. Persons with disabilities, living in remote rural areas, experience a number of challenges, salient of which include: illiteracy, poverty and malnutrition. Specific to persons with disabilities, these challenges seem formidably insurmountable. Unfortunately, despite their doubly jeopardized status, resulting from a combination of social and economic exclusion, government interventions fail to offer any real remedies. Truth is, not much has been done for persons with disabilities, especially women with disabilities nationally. In the isolated event of government intervention, most of these reflect a medical model approach to disability, shaped by negative cultural attitudes, limited understanding of disability rights, and a lack of appreciation of the potential of persons with disabilities in development.  


Nepal is a signatory to international human rights instruments, including the Convention on the Rights of Persons with Disabilities (CRPD), yet, national implementation processes are slow. There is limited expertise and presence of persons with disabilities, particularly women and their advocates at the policymaking level in Nepal. It is difficult to effectively engage policymakers in addressing gender issues, exclusion and the need for increased visibility of persons with disabilities, especially women with disabilities in rural communities. Policymakers seem unready to address disability issues with women having lacked opportunities to build capacity to influence policy. Nepal decision makers still embrace stereotypes.


In rural Nepal, access to inclusive education is usually a pipedream for children with disabilities, especially girls with intellectual disabilities -- Nepal’s most vulnerable citizens. Girls with intellectual disabilities are ignored at school. Teachers know very little about how to help disabled children. Many teachers and administrators think disabled students can’t learn. For these reasons, in rural Nepal, many disabled children don’t go to school at all.


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Also, in Nepal, refugees with disabilities, especially refugee women and girls with intellectual disabilities, experience many forms of violence. Violence against refugee women with disabilities has unique forms, causes, and consequences. Disabled refugees face double discrimination based on both refugee status and disability (as well as other identities such as race, sexuality, indigenous status, etc.).


More importantly, in Nepal, the understanding of disability as a human rights issue is still remote. This is expressed by the nationwide lack of awareness of the Convention on the Rights of Persons with Disabilities (CRPD), its principles and even its existence among the dominant Nepalese population. Disabled people are often subjected to inhuman treatment and are largely perceived as objects requiring charity as opposed to subjects of rights. Government plans and programs are not fully disability inclusive. The disability movement is not guided by human rights principles and social approaches. They are divided in different political interests rather than being united for disability rights. The movement has not been successful in addressing real challenges faced by rural disabled persons.


The ratification of the CRPD by the government of Nepal in 2010 has not brought any significant practical change in the daily life of persons with disabilities, especially those who are politically neutral and live in remote rural Nepal. Before signing and ratifying the Convention, Nepal did not review its laws and policies in light of the obligations set forth by the Convention. The situation including the Acts, laws, policies, environment and attitude of policy-makers are thus subject to comprehensive revamping in Nepal in line with the CRPD.


In Nepal, inequality in all aspects of life is expanding across the country. The justice system, as a significant channel for redressing inequalities, is not inclusive enough to ensure grievances are addressed in a timely and just manner. Disadvantaged groups and their representatives, e.g. civil society organizations, are not able to participate in the decision making process, get their voice heard and exert influence on law and policy changes. This shows that political democracy is not well-functioning and the rule of law is weak in Nepal.


Despite Nepal's commitment to international human rights instruments, implementation is slow and key stakeholders with lived experience are often not actively included. There is limited expertise among persons with disabilities, women and their advocates at the policymaking level. Policymakers in Nepal have yet to fully engage with issues of gender and disability, and harmful stereotypes and exclusive practices persist. To challenge these discriminatory practices, Nepal’s government should use multidisciplinary intersectional approaches to build capacity of non-corrupt disability rights advocates around increasing accessibility, ensuring equity, providing mechanisms, and addressing needs related to ensure women and disabilities’ rights by:


1.    Identifying the barriers and solutions to persons with disabilities, especially women with mental health conditions exercising their rights to legal recognition and capacity.


2.    Developing strategies, influencing policy-makers about insights on disability rights in order to develop policies that uphold persons with disabilities’ rights.


3.    Raising awareness on issues around social justice, empowerment and persons with disabilities through community rights to stimulate social change.


Also, to address disability inclusive development, disability rights advocates should raise awareness that disability inclusion is not charity but about empowering individuals with disabilities by providing them access to healthcare, education, employment, and safety.


 

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