(2) Adoption of various legislative measures in civil, criminal and administrative law to implement the rights recognized in international instruments. States Parties to the present Convention recognize the equal right of all persons with disabilities to live in the community, with equal choices with others, and shall take effective and appropriate measures to facilitate the full enjoyment of this right and their full integration and participation in the life of the community, ensuring, inter alia, that Title II covers all activities of national and local authorities; regardless of the size of the government agency or the funding of federal organizations. Title II requires state and local governments to provide persons with disabilities with equal opportunities to benefit from all their programs, services, and activities (e.g., public education, employment, transportation, recreation, health care, social services, courts, elections, and municipal assemblies). (1) Direct incorporation of the rights recognized in the international instrument into what may be called a “Bill of Rights” in the national legal system. (u) Bearing in mind that conditions of peace and security based on full respect for the purposes and principles of the Charter of the United Nations and respect for relevant human rights instruments are essential for the full protection of persons with disabilities, in particular in situations of armed conflict and foreign occupation, There are also some cultural and social barriers, which have contributed to discouraging persons with disabilities from fully participating. Discriminatory practices against persons with disabilities may therefore be the result of social and cultural norms institutionalized by law. Changing perceptions and concepts of disability will lead to both value shifts and better understanding at all levels of society, as well as attention to social and cultural norms that can perpetuate false and inappropriate myths about disability. One of the dominant features of legal thought in the twentieth century was the recognition of law as a tool for social change. Although legislation is not the only means of social progress, it is one of the most powerful instruments of change, progress and development in society. Legislation at the national level is fundamental to promoting the rights of persons with disabilities.
While the international community recognizes the importance – and growing role – of international law in promoting the rights of persons with disabilities, national legislation remains one of the most effective ways to facilitate social change and improve the status of persons with disabilities. International standards on disability are useful in establishing common standards for disability legislation. These standards must also be duly taken into account in policies and programmes that can reach persons with disabilities and bring about positive changes in their lives. (c) Reaffirming the universality, indivisibility, interdependence and interdependence of all human rights and fundamental freedoms and the need to ensure the full enjoyment of persons with disabilities without discrimination, With regard to economic, social and cultural rights, implementation will vary from country to country depending on the level of development. Nevertheless, all countries need significant programmatic efforts. The obligation of States parties under international human rights instruments to promote the progressive realization of relevant rights to the maximum extent possible and within their means clearly requires Governments to do much more than simply refrain from taking measures that may have a negative impact on persons with disabilities. States Parties recognize that persons with disabilities have the right to the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure access to gender-sensitive health services, including health-related rehabilitation, for persons with disabilities.
In particular, States Parties shall: Each federal agency has its own Section 504 regulations that apply to its own programs. Organizations that provide federal financial assistance also have Section 504 regulations that cover businesses that receive federal assistance. Requirements common to this regulation include reasonable accommodation for employees with disabilities; the accessibility of the program; effective communication with people with hearing or visual impairments; and accessibility of new buildings and conversions. Each authority is responsible for enforcing its own rules. Section 504 can also be enforced through private prosecutions. It is not necessary to file a complaint with a federal agency or obtain a “right of action” letter before going to court. IDEA also requires that certain procedures be followed in the development of the IAP. Each student`s IEP must be developed by a team of qualified individuals and reviewed at least annually.
The team includes the child`s teacher; parents, subject to certain limited exceptions; the child, if he or she considers it appropriate; a representative of an organization authorized to provide or supervise the provision of special education; and others at the discretion of the parents or the agency. The direct application of international law by national courts can also play an important role in the implementation of international human rights law applicable to persons with disabilities by respecting relevant international standards and citing precedents in other jurisdictions. In the case of legislation on persons with disabilities, due process must be followed. `reasonable accommodation` means necessary and proportionate modifications and adaptations that do not impose a disproportionate or unreasonable burden, where necessary on a case-by-case basis, to ensure that persons with disabilities can enjoy or exercise all human rights and fundamental freedoms on an equal basis with others; International instruments such as declarations, resolutions, principles, guidelines and rules are not technically legally binding.