The direction of an inclusive society shown by the International Day of Persons with Disabilities

Article 13 of the Convention defines access to justice as an essential obligation of the State, but its full implementation in Nepal still appears to be inadequate. Ultimately, a change in social culture, establishing the mindset of ‘rights, not mercy’ in society, stands as the long-term basis for sustainable inclusion.

Mangshir 17, 2082

Prakash Panth

The direction of an inclusive society shown by the International Day of Persons with Disabilities

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The International Day of Persons with Disabilities is celebrated every year on December 3. This day reminds the world community that building an inclusive society is not a question of kindness and love, but of rights, respect and social justice. This year, the United Nations' slogan is 'Fostering Disability Inclusive Societies for Advancing Social Progress'.

This slogan clearly states – sustainable progress is not possible without inclusion. Nepal’s national slogan ‘Promoting a Disability Inclusive Society: Promoting Social Progress’ also reflects this commitment.

According to the Nepal Census-2078, there are 2.2 percent people with disabilities in the country. However, the reality shown by various national and stakeholder bodies and organizations is much higher. The inconsistency of data in itself is a policy challenge because uncertain data directly affects the targeting of services, budget allocation and implementation.

Inclusive society under question

The International Day of Persons with Disabilities-2025 has given Nepal an opportunity for serious self-assessment. Despite the constitution, international conventions, acts, policy framework and federal governance – we have not come close to the goal of building an inclusive society, why?

In the long journey of Nepal’s political transition, state restructuring and social transformation, the rights of persons with disabilities should become the main indicator of development. However, practice shows that while the promises of rights are strong on paper, implementation remains a challenge. This reality raises a fundamental question today: are we fulfilling our commitments or are we just repeating them? Nepal's concrete commitment to the Convention

Nepal has ratified both the UN Convention on the Rights of Persons with Disabilities and the Optional Protocol. Ratifying the Optional Protocol means that the legal avenue to bring cases of violations to the UN is also open. This makes Nepal more accountable internationally and requires stronger domestic implementation. The principles of the Convention - dignity, freedom, equal participation, access, equal opportunity, and non-discrimination - are the foundation of Nepali law and policy-making. However, the recommendations given to Nepal by the UN in recent years, especially in the areas of education, employment, data systems, accessible infrastructure, and access to justice, have not been fully implemented.

How successful has the decade-long implementation journey been?

Nepal's Constitution-2072 has provided fundamental rights to persons with disabilities - education, health, social security, equality, access to justice and inclusive representation. It has been 8 years since the Disability Rights Act-2074 was passed after the constitution. The act has provided a framework for rights in accordance with the Convention, but there is a structural deficiency in its implementation. Many regulations that should have been made under the act were made late, the institutional mechanism remained weak, and coordination between the ministry-provincial-local levels remained relatively weak. The lack of a major structure at the national level for many years led to a gap in policy implementation. 

Formation of the Commission still incomplete

The resolution on disability rights passed by the National Assembly in 2080 was a historic turning point for Nepal. It directed the government to establish a rights-based Disability Rights Commission for the first time. However, even after 2 years of the passage of this resolution, the pace of formation of the commission is relatively slow. In the absence of a rights commission, monitoring, advocacy, victim assistance, policy consultation and state accountability, among others, have not been able to gain institutional strength. The independent mechanism under Article 33 of the Convention has not yet been fully implemented. 

The 753 local levels in Nepal's federal structure are the main bases for the implementation of disability rights. Local levels are playing a direct role in many areas such as disability identity cards, social security, rehabilitation services, health support, accessible infrastructure, and school inclusion. For example, the phased improvement of accessibility in public buildings by some municipalities, including Lalitpur Metropolitan City, shows the potential of the local level in the direction of inclusion. However, there is no uniformity within the country as a whole. Even basic services are difficult to reach in some places. Inequality has increased due to weak federal-provincial-local coordination.

The challenge of inclusion

Inclusive education has become the most challenging area in Nepal. There are not enough support teachers, many schools are not accessible, support teachers, Braille materials, and sign language services are inadequate. The expansion of treatment, rehabilitation, and support services in the health sector, and services related to mental and psychosocial disabilities, is still incomplete. The 5 percent quota system for employment is good on paper, but it has not been fully implemented in government institutions either. The private sector needs both incentives and responsibilities. If economic self-reliance does not increase, an inclusive society will only remain a declaration.

Assistive technology, digital accessibility, and technology-friendly governance

Digital technology is opening up new possibilities for inclusion. Screen-reader-friendly web systems, sign language broadcasting, e-health services, and online education are all increasing access. Along with the distribution of assistive technology, it is also necessary to strengthen maintenance, monitoring, and user skills training at the policy level to ensure its sustainable use. However, much work remains to be done to make government digital services inclusive for all. Regularity, standards, quality, and sustainability are needed in the distribution of assistive technology. It is necessary to understand that assistive technology is not just a distribution of equipment, but a transformation of living standards.

Civil society, disability movement, and inclusive democracy 

Civil society and disability movements in Nepal (associations, federations, therapy centers, parent groups, youth-based campaigns) have taken the rights movement to the national level. These organizations have made significant contributions to policy advocacy, public awareness, monitoring, and social behavior change. The basis of inclusive democracy is participation, representation, and a voice in the decision-making process. These three elements need to be further strengthened for people with disabilities.

Practical paths to reform – from paper to practice

Ensuring disability rights in Nepal has now reached an important juncture where it needs to be transformed from paper commitments to practical implementation. First, as per the parliamentary resolution, an independent, competent, and convention-compliant Disability Rights Commission needs to be immediately formed, which will play a role in monitoring, victim assistance, and holding the state accountable.

Second, fragmented programs should be ended and an integrated national action plan with a clear budget, timeline, and monitoring should be prepared, so that coordination between the federal, provincial, and local levels is unified. Third, converting all infrastructure and digital services, from public buildings to government web portals, to universal design is not only a current necessity but also a legal obligation.

Similarly, policy cannot be effective without building a disaggregated and reliable data system. Data disaggregated by race, age, gender, geography, and type of disability are essential. Support services, accessible classrooms, Braille materials, and sign-language services are essential to implement inclusive education. Strictness and encouragement are needed in both the government and private sectors to implement the 5 percent quota system in employment, because economic self-reliance is the backbone of inclusion.

In addition, access to justice should be ensured by providing sign language interpreters, Braille facilities, and psychosocially friendly services in the courts and police services. Article 13 of the Convention defines access to justice as an essential obligation of the state, but its full implementation in Nepal still seems insufficient. Ultimately, a change in social culture, establishing the idea of ​​‘rights, not mercy’ in society, stands as the long-term basis for sustainable inclusion.

Prakash

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