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Disability and the law/ Gautam Banergee

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Publication details: Delhi : commercial Law Publishers(India) Pvt. Ltd, 2005,Description: x ,539pSubject(s): DDC classification:
  • 323.1 BAN
Contents:
CONTENTS PART I1. DISABILITY TODAYPART II2. UNITED NATIONS AND DISABILITYUNIVERSAL DECLARATION OF HUMAN RIGHTSUNITED NATIONS DECLARATION ON THE RIGHTS OF MENTALLY RETARDED PERSONS>> The General AssemblyUNITED NATIONS DECLARATION ON THE RIGHTS OF PERSO WITH DISABILITIES>> The General AssemblyUNITED NATIONS STANDARD RULES ON EQUALISATION OF OPPORTUNITIES FOR PERSONS WITH DISABILITIES>> StatesPRECONDITIONS FOR EQUAL PARTICIPATION>>> Awareness-raisingMedical care>>>> Rehabilitation>>> Support servicesTARGET AREAS FOR EQUAL PARTICIPATION>> Accessibility>> Access to the physical environment>>>> Access to information and communication>> Education>> Employment>> Income maintenance and social security>> Family life and personal integrity>> Culture>>> Recreation and sports>> ReligionIMPLEMENTATION MEASURES>>> Information and research>> Policy-making and planning>> Legislation>> Economic policies> Co-ordination of work> Organizations of persons with disabilities> Personnel training >>National monitoring and evaluation of disability programmes in the implementation of the Rules Technical and economic co-operation International co-operation MONITORING MECHANISM INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS The States Parties to the present covenant INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS The States Parties to the present covenant OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS >> The States Parties to the present Protocol SECOND OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AIMING AT THE ABOLITION OF THE DEATH PENALTY >> The States Parties to the present Protocol VOCATIONAL REHABILITATION AND EMPLOYMENT (DISABLED PERSONS) CONVENTION, 1983 UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD Adopted by the General Assembly of the United Nations on 20th Nov., 1989 The States Parties to the present Convention > The Government of India acceded to this convention on 11th December, 1992 UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN >> The States Parties to the present Convention OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN The States Parties to the present ProtocolUNITED NATIONS DECLARATION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION > The General Assembly INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION The States Parties to this Convention THE ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region OF DISABLED PERSONS, 1993-2002 AGENDA FOR ACTION FOR THE ASIAN AND PACIFIC DECADE Introduction AREAS OF CONCERNNational co-ordinationLegislationInformationPublic awarenessAccessibility and communicationEducationTraining and employmentPrevention of causes of disability> Rehabilitation services>>> Assistive devices>> Self-help organizationsREGIONAL CO-OPERATION AND SUPPORT IN PURSUANCE OF THE AGENDA FOR ACTION>> Networking>>> Monitoring and reviewPART III3. CONSTITUTIONAL GUARANTEES FOR THE DISABLED UNDER THE CONSTITUTION OF INDIAArticle 14: Right to equality>>> Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth>> Article 16: Equality of opportunity in matters of public employment>> Article 17: Abolition of Untouchability>> Article 19: Right to Freedom-Protection of certain rights regarding freedom of speech etc.>> Article 20: Protection in respect of conviction for offences>>> Article 21: Protection of life and personal liberty>> Article 21A: Right to education>> Article 22: Protection against arrest and detention in certain cases>>> Article 23: Right against exploitation>> Article 24: Prohibition of employment of children in factories etc.>> Article 25: Right to freedom of religion>>> Article 26: Freedom to manage religious affairs>> Article 27: Freedom as to payment of taxes for promotion of any particular religion> Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions>> Article 29: Cultural and Educational Rights-Protection of interests of minorities>>Article 30: Right of minority to establish and administer educational institutions >> Article 32: Right to Constitutional Remedies-Remedies for enforcement of rights conferred by this Part Article 38: State to secure a social order for the promotion of welfare of the people >> Article 39: Certain principles of policy to be followed by the State >> Article 39A: Equal justice and free legal aid >> Article 41: Right to work, to education and to public assistance in certain cases Article 42: Provision for just and humane conditions of work and maternity relief >> Article 43: Living wage, etc. for workers >> Article 43A: Participation of workers in management of industries >> Article 44: Uniform civil code for the citizens >> Article 45: Provision for early childhood care and education to children below the age of six years >> Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections >> Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health >>> Article 51A: Fundamental Duties PART IV THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995 THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) RULES, 1996 21 THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) RULES, 2000 23 THE REHABILITATION COUNCIL OF INDIA ACT, 1992 REHABILITATION COUNCIL OF INDIA REGULATIONS, 1997 INSTRUCTIONS TO CANDIDATES FOR FILLING THE FORM OF APPLICATION FOR REGISTRATION OF ADDITIONAL QUALIFICATIONS IN THE REGISTER OF REHABILITATION COUNCIL OF INDIA THE REHABILITATION COUNCIL OF INDIA (CONDITIONS OF SERVICE OF THE MEMBER - SECRETARY, OFFICERS AND OTHER EMPLOYEES) REGULATIONS, 1998 THE REHABILITATION COUNCIL OF INDIA (STANDARDS OF PROFESSIONAL CONDUCT, ETIQUETTE AND CODE OF ETHICS FOR REHABILITATION PROFESSIONALS) REGULATIONS, 1998 THE MENTAL HEALTH ACT, 1987 THE CENTRAL MENTAL HEALTH AUTHORITY RULES, 1990 THE STATE MENTAL HEALTH RULES, 1990 THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES ACT, 1999 THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES RULES, 2000 THE BOARD OF THE TRUST REGULATIONS, 2001 PART V PROVISIONS FOR THE DISABLED IN VARIOUS OTHER LEGISLATIONS PART VI CONCESSIONS GIVEN BY THE CENTRAL AND STATE GOVERNMENTS FOR THE DISABLED PART VII LEGAL GUARDIANS FOR THE DISABLED PERSONS
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CONTENTS
PART I1. DISABILITY TODAYPART II2. UNITED NATIONS AND DISABILITYUNIVERSAL DECLARATION OF HUMAN RIGHTSUNITED NATIONS DECLARATION ON THE RIGHTS OF MENTALLY RETARDED PERSONS>> The General AssemblyUNITED NATIONS DECLARATION ON THE RIGHTS OF PERSO WITH DISABILITIES>> The General AssemblyUNITED NATIONS STANDARD RULES ON EQUALISATION OF OPPORTUNITIES FOR PERSONS WITH DISABILITIES>> StatesPRECONDITIONS FOR EQUAL PARTICIPATION>>> Awareness-raisingMedical care>>>> Rehabilitation>>> Support servicesTARGET AREAS FOR EQUAL PARTICIPATION>> Accessibility>> Access to the physical environment>>>> Access to information and communication>> Education>> Employment>> Income maintenance and social security>> Family life and personal integrity>> Culture>>> Recreation and sports>> ReligionIMPLEMENTATION MEASURES>>> Information and research>> Policy-making and planning>> Legislation>> Economic policies> Co-ordination of work> Organizations of persons with disabilities> Personnel training



>>National monitoring and evaluation of disability programmes in the implementation of the Rules
Technical and economic co-operation
International co-operation
MONITORING MECHANISM
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
The States Parties to the present covenant
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
The States Parties to the present covenant
OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
>> The States Parties to the present Protocol
SECOND OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AIMING AT THE ABOLITION OF THE DEATH PENALTY
>> The States Parties to the present Protocol
VOCATIONAL REHABILITATION AND EMPLOYMENT (DISABLED PERSONS) CONVENTION, 1983
UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD
Adopted by the General Assembly of the United Nations
on 20th Nov., 1989
The States Parties to the present Convention
> The Government of India acceded to this convention on 11th December, 1992
UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
>> The States Parties to the present Convention
OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
The States Parties to the present ProtocolUNITED NATIONS DECLARATION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION
> The General Assembly
INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION
The States Parties to this Convention
THE ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND
THE PACIFIC
Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region
OF DISABLED PERSONS, 1993-2002 AGENDA FOR ACTION FOR THE ASIAN AND PACIFIC DECADE
Introduction

AREAS OF CONCERNNational co-ordinationLegislationInformationPublic awarenessAccessibility and communicationEducationTraining and employmentPrevention of causes of disability> Rehabilitation services>>> Assistive devices>> Self-help organizationsREGIONAL CO-OPERATION AND SUPPORT IN PURSUANCE OF THE AGENDA FOR ACTION>> Networking>>> Monitoring and reviewPART III3. CONSTITUTIONAL GUARANTEES FOR THE DISABLED UNDER THE CONSTITUTION OF INDIAArticle 14: Right to equality>>> Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth>> Article 16: Equality of opportunity in matters of public employment>> Article 17: Abolition of Untouchability>> Article 19: Right to Freedom-Protection of certain rights regarding freedom of speech etc.>> Article 20: Protection in respect of conviction for offences>>> Article 21: Protection of life and personal liberty>> Article 21A: Right to education>> Article 22: Protection against arrest and detention in certain cases>>> Article 23: Right against exploitation>> Article 24: Prohibition of employment of children in factories etc.>> Article 25: Right to freedom of religion>>> Article 26: Freedom to manage religious affairs>> Article 27: Freedom as to payment of taxes for promotion of any particular religion> Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions>> Article 29: Cultural and Educational Rights-Protection of interests of minorities>>Article 30: Right of minority to establish and administer educational institutions


>> Article 32: Right to Constitutional Remedies-Remedies for enforcement of rights conferred by this Part
Article 38: State to secure a social order for the promotion of welfare of the people
>> Article 39: Certain principles of policy to be followed by the State
>> Article 39A: Equal justice and free legal aid
>> Article 41: Right to work, to education and to public assistance in certain cases
Article 42: Provision for just and humane conditions of work and maternity relief
>> Article 43: Living wage, etc. for workers
>> Article 43A: Participation of workers in management of industries
>> Article 44: Uniform civil code for the citizens
>> Article 45: Provision for early childhood care and education to children below the age of six years
>> Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
>> Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health
>>> Article 51A: Fundamental Duties
PART IV
THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995
THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) RULES, 1996 21
THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) RULES, 2000 23
THE REHABILITATION COUNCIL OF INDIA ACT, 1992 REHABILITATION COUNCIL OF INDIA REGULATIONS, 1997
INSTRUCTIONS TO CANDIDATES FOR FILLING THE FORM OF APPLICATION FOR REGISTRATION OF ADDITIONAL QUALIFICATIONS IN THE REGISTER OF REHABILITATION COUNCIL OF INDIA
THE REHABILITATION COUNCIL OF INDIA (CONDITIONS OF SERVICE OF THE MEMBER - SECRETARY, OFFICERS AND OTHER EMPLOYEES) REGULATIONS, 1998
THE REHABILITATION COUNCIL OF INDIA (STANDARDS OF PROFESSIONAL CONDUCT, ETIQUETTE AND CODE OF ETHICS FOR REHABILITATION PROFESSIONALS) REGULATIONS, 1998
THE MENTAL HEALTH ACT, 1987
THE CENTRAL MENTAL HEALTH AUTHORITY RULES, 1990
THE STATE MENTAL HEALTH RULES, 1990


THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES ACT, 1999
THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES RULES, 2000
THE BOARD OF THE TRUST REGULATIONS, 2001
PART V
PROVISIONS FOR THE DISABLED IN VARIOUS OTHER LEGISLATIONS
PART VI
CONCESSIONS GIVEN BY THE CENTRAL AND STATE GOVERNMENTS FOR THE DISABLED
PART VII
LEGAL GUARDIANS FOR THE DISABLED PERSONS