Violence and Children with Disabilities:

By Dick Sobsey
From: "One in Ten" newsletter. Volume 24, 2003

Violence is a serious problem for all children. War, terrorism, family violence, child abandonment and neglect, ethnic and sectarian conflicts, organized crime, and many other forms of violence take their toll on children around the globe. The World Health Organization (WHO) indicates about 57,000 children are reported to die as a result of homicide each year, pointing out that significant numbers of additional cases go unreported and that deaths as a result of war and other collective violence are not included. For each child killed by violence, it is likely that at least 100 children are injured and many of those will have permanent disabilities as a result.

Although some children are spared from the direct effects of violence, they all suffer from the indirect effects. The enormous economic costs of war and other forms of violence divert resources that might be used to better living conditions, while damage to the social infrastructure may be even greater. Many children are orphaned or become refugees. Others live with parents who are physically or psychologically injured by their own experiences with violence, and countless numbers of children live in fear.

Although violence affects everyone, children with disabilities are among the most adversely affected. Research from the United States and Canada reports that children with disabilities experience maltreatment at rates two to four times the rate experienced by other children. Furthermore, in both the United States and Canada the killing of disabled progeny by their parents have at times been presented as "mercy killings." Studies from the United Kingdom and other Western European countries suggest similar high rates of maltreatment for children with disabilities in other industrialized countries.

In both rich and poor countries, some children with disabilities have been denied the necessities of life because someone makes a judgment that their lives are not worth preserving. People with disabilities are often subject to hate crimes. In some cases, the bias that leads to the crime and causes the victim to be a target has to do directly with his or her disability. In many others, hatred targets a gender, lifestyle, sexual preference, religion, skin color, or ethnic origin, but is directed toward an individual with a disability with the targeted trait because he or she is more vulnerable than others.

In some countries, children with disabilities are forced to become beggars or are sold so they can be exported as beggars in wealthier countries. In other cases, children with mild disabilities are often forced into child prostitution and other criminal activities. In Taiwan, for example, a recent study found that the proportion of child prostitutes who had mild developmental disabilities was six times that which might be expected from the incidence in the general population. The May 2003 gang rape of "a 14-year-old mentally challenged girl" (Shakti Sharma, 2003 May 14, Hindustan Times) in New Delhi provided one frightening example of the many other forms of sexual abuse and exploitation faced by children with disabilities in many countries.

The current situation is grim, but it is not hopeless. There are some encouraging developments in progress. While some Human Rights organizations still seem to shy away from issues that solely or primarily affect children with disabilities, others have increasingly committed their efforts to these issues.

There is more that can be done and every one of us who cares about violence against people with disabilities can make a significant contribution. Child welfare, human rights, and disability advocacy groups need to find common ground. It is essential that contacts among these groups are made and maintained. At times, agencies supporting children and families in developing countries need to be reminded that there are children with disabilities who need their help and that if those children aren't being served, they should be.

People who care about children with disabilities also need to work for peace and tolerance. This is not to imply that the road to peace and tolerance is easy or that everyone believes that these things can be achieved in the same way, but as long as war and hate crimes exist, children with disabilities will suffer.

Finally, we need to continue efforts toward inclusion, empowerment, and attitude change. Negative attitudes are key factors in the abuse of children with disabilities. When people around the world view children with disabilities with more positive attitudes, they will treat these children with respect instead of violence.

Dick Sobsey, Director, JP Das Developmental Disabilities Centre, University of Alberta6-123 Education North Edmonton, Alberta T6G 2G5 Canada, T: (780) 492-3755F:(780) 492-1318, dick.sobsey@ualberta.ca.

HIV/AIDS and People with Disability

By Nora Ellen Groce, Ph.D, Yale University
nora.groce@yale.edu
Reprinted with permission from The Lancet, vol. 361, April 26, 2003, p. 1401-1402.

Although AIDS researchers have studied the disabling effects of HIV/AIDS on previously healthy people, little attention has been given to the risk of HIV/AIDS for individuals who have a physical, sensory, intellectual, or mental health disability before becoming infected. It is commonly assumed that disabled individuals are not at risk. They are incorrectly thought to be sexually inactive, unlikely to use drugs, and at less risk for violence or rape than their non-disabled peers. Yet a growing body of research indicates that they are actually at increased risk for every known risk factor for HIV/AIDS. For example, in a recent article, S Blumberg and W Dickey analyse findings from the 1999 US National Health Interview Survey and show that adults with mental health disorders are more likely to report a medium or high chance of becoming infected with HIV, are more likely to be tested for HIV infection, and are more likely to expect to be tested within the next 12 months than are members of the general population.

Such findings should not be unexpected for individuals with disability. There are significant risk factors for disabled populations around the globe. For example, despite the assumption that disabled people are sexually inactive, those with disability—and disabled women in particular—are likely to have more sexual partners than their non-disabled peers. Extreme poverty and social sanctions against marrying a disabled person mean that they are likely to become involved in a series of unstable relationships.Disabled individuals (both male and female) around the world are more likely to be victims of sexual abuse and rape than their non-disabled peers. Factors such as increased physical vulnerability, the need for attendant care, life in institutions, and the almost universal belief that disabled people cannot be a reliable witness on their own behalf make them targets for predators. In cultures in which it is believed that HIV-positive individuals can rid themselves of the virus by having sex with virgins, there has been a significant rise in rape of disabled children and adults. Assumed to be virgins, they are specifically targeted.(5) In some countries, parents of intellectually disabled children now report rape as their leading concern for their children’s current and future well-being. Bisexuality and homosexuality have been reported among deaf and intellectually disabled adults, while awareness of HIV/AIDS and knowledge of HIV prevention is low in both these groups. Individuals with disability are at increased risk of substance abuse and less likely to have access to interventions. It is estimated that 30% of all street children have some type of disability and these young people are rarely reached by safe sex campaigns.

Furthermore, literacy rates for disabled individuals are exceptionally low - one estimate cites an adult literacy rate of only 3% globally, thus making communication of messages about HIV/AIDS all the more difficult. Sex education programmes for those with disability are rare. and almost no general campaigns about HIV/AIDS target (or include) disabled populations.Indeed, where AIDS campaigns are on radio or television, groups such as the deaf and the blind are at a distinct disadvantage.


The future for disabled individuals who become HIV positive is equally grim. Although little is known about access to HIV/AIDS care, disabled citizens receive far fewer general health-services than others. Indeed, care is not only often too expensive for impoverished disabled persons, but it can also be physically inaccessible—e.g., clinic steps bar the way for a wheelchair user and consultation with a physician without a sign-language interpreter is meaningless for most deaf persons.

Currently, little is known about HIV/AIDS and disability. Only a few studies have estimated prevalence and no prevalence data exist for any disabled populations from sub-Saharan Africa, Asia, Europe, Central and South America, or the Caribbean. However, a growing number of stories from disability advocates worldwide point to significant unreported rates of infection, disease, and death.(16) Over the past decade there have be a handful of articles on HIV/AIDS pilot programmes and interventions for intellectually disabled adults or services for deaf adolescents. Many of these projects are innovative but almost all are small and under funded. There is a real need to understand the issue of HIV/AIDS in disabled people in global terms and to design and implement programmes and policy in a more coherent and comprehensive manner. The roughly 600 million individuals who live with a disability are among the poorest, least educated, and most marginalized of all the world’s peoples. They are at serious risk of HIV/AIDS and attention needs to be focused on them. In January, 2003, the World Bank and Yale University, started a global survey on HIV/AIDS and disability that seeks to better understand variables of the current epidemic as well as to identify best-practice interventions and grassroots efforts.

Ratification of the convention in Argentina: Another opportunity

Text published on Canal Down21 regarding the approval of the Convention in Argentina http://http://www.down21.%20org/latinoameric%20a/argentina/%201editorial.%20htm%20EDITORIAL

On May 23, 2008, by the Law 26.378, the Senate and the House of Representatives of the nation, meeting in the National Congress, have ratified the legislation of the International Convention on the Rights of Persons with Disabilities and its Optional Protocol approved before the Assembly of the United Nations at the end of the year 2006. This is an extraordinary piece of news, although it has not been given any attention by the mass media since it appears that these media outlets are only interested in the conflicts between the government and the rural sectors which have been making alarming us lately.

This good news implies that within the existing legal framework of our nation, the concepts of the International Convention will be given power above and beyond that of the Constitution. In other words, its power will be abocve that of any current law in any of the three levels: National, State, or City. Also, because this was a convention on human rights, it has been interpreted to be more powerful than the Constitution due to the complementary articles 31 y 75 inc. 22 y 24 of the Constitution. And there’s more. Having ratified the Optional Protocol as well, citizens are legally given the opportunity to denounce the state (in each of its three levels) for failure to comply with the rights granted in the Convention.

What does this all mean? Have we solved all of the problems affecting persons with disabilities? Will they be solved immediately? No. The answer, unfortunately, is no. There will be no immediate solutions, nor will there be changes in the reality of the daily live of our families. The silence which has existed facing this far-reaching political and institutional fact demonstrates that disability remains off our agendas; our personal agendas as well as our political agendas (of various governments). However there has been a change, and for the better, in the level of legal leverage and morals which we now have on hand to fight for our rights and the rights of our children. The applicability of the Convention, directly operating as it intends to, implies that legal loopholes have been filled in. It implies that we now have a solid foundation on which to fight for our rights and for the concrete actions which we need to take place. In addition to changing the law, we now need to change the concrete applications of the law by its administrators in order for us to overcome the remaining barriers.

What work lies ahead? A lot. We must familiarize ourselves and profoundly meditate upon the meaning of the Convention for all of us. We must remember that along with each right granted, comes a new responsibility. We must promote the content, range, and applicability of the Convention. We must demand that its promises are honored in all cases, even when this implies an effort and committment on our part.

This is the beginning of the road. It will be worth the journey.

The complete text for Argentina can be seen at http://www1. hcdn.gov. ar/dependencias/ dsecretaria/ Periodo2008/ PDF2008/SANCIONE S/0134-S- 2007d.

Originally published on http://wwwderechospcd.blogspot.com/ by Eduardo García

To Live with a Disability in the Midst of War in the Desert

Residents of the Western Sahara (Saharan Arab Democratic Republic) live in exile. They live in the middle of the most arrid region of the planet and face the constant nuisance of living alongside the army of Marruecos. There, in camps hastily made of scraps of cloth, metal, and wood, the dignity of persons with disabilities remains intact.

This is the testimony of Spanish author Montaña Guillén, who wrote _35 aniversario del Frente Polisario_ (35th Anniversary of the Armed Resistance). Although she wrote this call to action for the resistance in 2005, it is still important today.

Montaña Guillén

In December 2005, as another year has gone by, we board the plane headed for Tinduf (Argelia). Our objective: to see new faces, and add more names to the group of Western Saharan children with disabilities who will go to Spain next June.

On this occasion, something is different. Fatu, a little girl, accompanies us. She has returned to the camps to be with her family again, after having received treatment for her health problems. Her speech is joyful, radiant, and nervous, although her words can only express part of what she has seen in the days before our arrival; but these words can help us imagine the rest.

When she finally takes us to her house, her mother begins to relay to us in detail in hassanía, the local language (with brief interuptions so that a family member can translate her words into Spanish) her appreciation for all that we have done for her daughter. In this manner she is telling us in capital letters THANK YOU.

As in previous years, the selection of children has been difficult work as I see all of the families have stories of many difficulties and hope that their child will be chosen. I can only remind myself, 'we only have seven placements.' This year we will be working with fewer children, in response to the observations made by many professionals that we work with children during the summer. We want to offer them a better quality of life as long as they are here, and because of this it is important to avoid over-extending ourselves so that we are able to meet their needs.

We will be expecting several more children to come: three children between the ages of 7 and 8 years, two teenage boys, approximately 16 years old, and two teenage girls between the ages of 13 and 16 years including FATU, as she must continue with her medical treatment.

In the Western Saharan high school for persons with disabilities, we become reacquainted with children who have come in years past. As they approach us, they hug us and smile, as if remembering all that they experienced in Spain. Mamilla, the school´s director, comes and goes as she tries to facilitate our work. She asks about the workers she met in the summer of 2004, and sends greetings.


Also, this year we had been invited to participate in a workshop on disability in the camps. Our intervention, and a large part of our work in the camps, was focused on early intervention. In other words, we explained the importance of stimulation and following through with stimulation of the children as soon as they are born, in an effort to prevent or treat early various types of disability. There is still a long road ahead of them, but they have motivation, and we will be patient. Of course it is somewhat surprising that in a refugee camp we are finding this type of iniciative. They show a commendable interest in the secondary effects of not having food, water, or shelter.

Here, despite the fact that there is no employment, people are already speaking of social and labor integration of persons with disabilities. Here, where the family tends to be large and responsible for carrying out a lot of work in adverse conditions, people are speaking of participation in the center. In every space here people continue to remind one another that a person with a disability is before everything else a person who deserves complete respect. In a refugee camp, where they are in need of "everything," they still try to meet the specific needs of persons with disabilities.

Having heard these perspectives, we can try to get an idea of how much they want to achieve, however little they talk. I believe we have all learned from what they have shared with us these days. And, above all else, we applaud their strength. In summary, these work days were much appreciated professionally and personally.

Our host family has a one-year-old daughter, Dabba. As this illustrates, the community continues to grow. Its members do not lose hope that one day they will be able to overcome the struggle that has led them to adopt this marginalized territory, and return to the desert in which they grew up: The Western Sahara (now occupied by Marruecos).

Dabba does not yet know that she is a girl without a homeland, nor that the sand in which she crawls is not part of the Sahara. We hope that she will grow up to be a free woman, with country and passport.

Originally Published on http://wwwderechospcd.blogspot.com/ by Eduardo García

The 4 R´s Against Consumerism

It might appear that this article does not have anything to do with the rights of persons with disabilities. However, the words of Leonardo Boff concern one of the most significant problems facing our towns and we, as individuals, regardless of our race, ethnicity, disability status, are all affected. In this essay, Boff examines the origin of one of the biggest causes of hunger and exclusion; the epidemic of consumerism. It is for this reason that his essay has been given a space within our blog.

Four R´s against consumerism.

Hunger has been a constant in all of the societies in history. Nevertheless, today it has reached levels that are shameful and simply cruel. It reveals that humankind has lost compassion and empathy. Eradication of hunger is imperative from humanitarian, ethical, social, and environmental perspectives.

The pre-existing condition which is immediately achievable, and which should immediately be put into practice, is a new pattern of consumption. The dominating culture is obviously consumeristic. It gives central importance to the consumption of individuals, without encouraging self-control, and presents it as an objective of their own society and of their own lives. We are not speaking of consumption which is necesary and justifiable. We are questioning superfluous consumption. This type of consumption is only possible because the economic policies which produce the superfluous goods are continuously supported and justified.

A large portion of production is dedicated to that which is not necesary to make our lives more comfortable. Concerning that which is superfluous, it relies on strategies of propaganda, marketing, and persuasion in order to convince people to consume and make them believe that the superfluous is actually necesary and even the secret key to happiness. The foundation of this type of marketing is to create habits of consumption to the point that a consumeristic culture and an overbearing need to consume are created. They promote more and more artificial needs and respond to these needs with the mighty forces of of production and distribution. The necesities are endless as they stem from desire, which, by its very nature, is endless. For this reason, the production also seeks to be endless.

We are thus creating a society, denounced by Marx, marked by fetishes, tied down with superfluous goods, and dotted with shopping malls. These shopping malls are truly sanctuaries of consumption, complete with alters featuring idols who tout miracles. But these idols are fictitious and society remains unsatisfied and empty as nothing has been gained.

As we can see, consumption is rampant and makes us nervous, as we do not know the Earth´s limit to this infinite exploitation of resources. It is no surprise that President Bush calls on the American public to consume more and more in an effort to save America from its economic crisis. The economy of America may be saved in this manner, but at what cost to the sustainability of our planet and its ecosystems? In contrast, we recall the words of the late Robert Kennedy on March 18, 1968, "Too much and for too long, we seemed to have surrendered personal excellence and community values in the mere accumulation of material things. Our Gross National Product, now, is over $800 billion dollars a year, but that Gross National Product - if we judge the United States of America by that - that Gross National Product counts air pollution and cigarette advertising, and ambulances to clear our highways of carnage. It counts special locks for our doors and the jails for the people who break them. It counts the destruction of the redwood and the loss of our natural wonder in chaotic sprawl. It counts napalm and counts nuclear warheads and armored cars for the police to fight the riots in our cities. It counts Whitman's rifle and Speck's knife. And the television programs which glorify violence in order to sell toys to our children. Yet the gross national product does not allow for the health of our children, the quality of their education or the joy of their play. It does not include the beauty of our poetry or the strength of our marriages, the intelligence of our public debate or the integrity of our public officials. It measures neither our wit nor our courage, neither our wisdom nor our learning, neither our compassion nor our devotion to our country, it measures everything in short, except that which makes life worthwhile. And it can tell us everything about America except why we are proud that we are Americans." Three months later, Robert Kennedy was assassinated.

In order to topple this consumerism, we urgently need to adopt practices in which we consciously choose to behave in a countercultural manner. We must incorporate into daily life the following 4 R's: Reduce the amount of consumption, reuse objects, recycle products to give them another life, and finally, reject marketing, whether it be overt or subtle, which pushes us to consume. Without this spirit of rebellion against all attempts to manipulate our desires, and with the effort to follow other paths dictated by the moderation, in favor of prudence and consumption which encourages responsibility and solidarity, we run the risk of falling into the traps of consumerism, increasing the number of the hungry and damaging our planet which has already begun to become more and more destroyed.

Leonardo Boff

Originally Published on http://wwwderechospcd.blogspot.com by Eduardo Garcia

Decree is published and on May 3rd, the Convention took effect...Not quite

On May 2nd, the organized civil societies of Mexico came to agree that the government of Felipe Calderón does not know how to listen.

On May 3rd, 24 other countries put into effect the Convention on the Rights of Persons with Disabilities without any type of reservation. Meanwhile, Mexico has published a decree which gives power to the aforementioned convention but contains a modification which stems from a most obstructive type of conservatism.

A little over two weeks ago, in Mexico City, the federal government had given signals that it was willing to open the discussion on the removal of the Interpretive Declaration which does not favor the autonomy of persons with disabilities. Nevertheless, the publication of this decree shows us, again, the authoritarianism and the closemindedness of the administration. This administartion does not believe in cohesion on a profound level. It merely uses persons with disabilities for the political spotlight and economic exploitation. It lifts them up to stage “politically correct” stunts, only to then cast them off into the folklore of the commiseration, where nobody is dangerous.

To continue, we present the Published Decree for your consideration.

EXECUTIVE POWER, SECRETARY OF FOREIGN AFFAIRS

Published Decree on the Convention on the Rights of Persons with Disabilities and Optional Protocol, adopted by the General Assembly of the United Nations the 13th of December, 2006.

On the margin, a seal bearing the National Coat of Arms which reads: “The United States of Mexico.”

The President of the Republic,
FELIPE DE JESÚS CALDERÓN HINOJOSA, PRESIDENT OF THE UNITED STATES OF MEXICO, addressing its citizens,

On March thirtieth, two-thousand six, the plenipotentiary of the United States of Mexico, given the authority for this measure, signed with a referendum the Convention on the Rights of Persons with Disabilities and its Optional Protocol, as adopted by the General Assembly of the United Nations, on December thirteenth, two-thousand six, whose texts in Spanish can be found in the annexed certified copy.

The aforementioned Convention was sent to the Chamber of Senators of the Honorable Congress of the Union for their consideration, with the Interpretive Declaration which in its continuation spells out, as with the Optional Protocol, being proven by the aforementioned Senate, on September 26, 2006, following the decree published by the Official Journal of the Federation on October 24 of that same year.

“INTERPRETIVE DECLARATION IN FAVOR OF PERSONS WITH DISABILITIES

The United States of Mexico make the following interpretive declaration towards the ratification of the Convention on the Rights of Persons with Disabilities:

The Political Constitution of the United States of Mexico, in its first article, establishes that: ‘(...) All discrimination motivated by ethnic or national origin, gender, age, disability, social condition, health condition, religion, opinions, preferences, civil state, or any other type which attempts to go against human dignity or has the objective to rescind or reduce the rights and liberties of persons shall remain prohibited. The ratification of the Convention of the United States of Mexico reaffirms its committment to favor the promotion and protection of the rights of Mexicans who suffer from a disability; those who reside within Mexico, and those who reside in foreign countries.The country of Mexico reiterates its firm committment to provide conditions which allow any person to fully develop, as well as to fully exercise their rights and liberties without discrimination. Consequently, with the absolute resolve to protect the rights and dignity of persons with disabilities, the United States of Mexico interpret paragraph 2 of article 12 of the Convention, in the sense that in cases where there may be a conflict between said paragraph and the national legislation,the norm applied will be- in strict adherence to the pro homine principle- that which grants greater legal protection, safeguards the dignity and assures the physical, psychological, emotional, and hereditary integrity of persons.”

The instrument of the ratification, signed by the Federal Executive working under me on October 26, 2006, was delivered to the General Secretary of the United Nations on December 17 of that same year, in conformation with the precedent set by article 41 of the Convention on the Rights of Persons with Disabilities and its Optional Protocol, with the Interpretive Declaration signed previously. Therefore, as it shall be observed, in accordance with the precedent set by fraction I of the article 89 of the Political Constitution of the United States of Mexico, I sign into effect the present Decree, in the residence of the Federal Executive Power, in Mexico City, Federal District, April thirtieth, two-thousand eight.

TRANSITORY

Only.- The present Decree will go into effect May third, two-thousand eight. Felipe of Jesus Cauldron Hinojosa.- Closing flourish.- The Secretary of Foreign Affairs, Patricia Espinosa Cantellano.- Closing flourish.

Originally published on http://wwwderechospcd.blogspot.com/ by Eduardo Garcia

Memo for the Removal of the Interpretive Declaration of Article 12 of the Convention on the Rights of Persons with Disabilities

Dear, respected friends:

The following is a memo prepared in a collaborative manner with Marithé Fernández, with the objective of a call to action to Mexican authorities; in particular those who will be present on April 15th and 16th in the International Conference on the Implementation of the Convention on the Rights of Persons with Disabilities (CDPD) in Mexico City. In this conference we hope to see the removal of the Interpretive Declaration of Article 12 of the Convention on the Rights of Persons with Disabilities. This interpretive declaration weakens the extent of the Convention and sets a very negative precedent for other countries contemplating ratification of the Convention and its reservations.

We extend a public invitation to any persons or institutions wishing to adhere to our request in the memo to please send us your complete name, name of your organization, country of residence, address, and email.

We are convinced that a massive and international demand to remove the declarative interpretation could have a significant impact on the Mexican authorities. To add your name to the memo please send your information to the following email address:mtfernandez@laneta.apc.org

Sincerely,

Luis Miguel del Águila
Assistant Commissioner of the Congress on Disability in PeruYour Excellencies:President of the Republic of Mexico
President of the Chamber of Deputies Directive Board
Senior Minister of Foreign AffairsSenior President of CONADIS, in the area of disability

We the undersigned, representatives of the civil society, members of organizations of persons with disabilities and of governments and parliaments of Latin America, participants of the Latin American Regional Conference “Implementing the UN Convention on the Rights of Persons with Disabilities,” and supporters of other organizations and virtual networks with work with disability and human rights, with all due respect we direct your attention toward the following:

Firstly, we recognize the brave role than you have played in the government of Mexico to bring about the creation and development of the Convention on the Rights of Persons with Disabilities, and we will not end the celebration.We also recognize the fact that Mexico finds itself among the first twenty countries to ratify the convention. We consider this event to be of extraordinary importance as thisd has permitted that this notable legal instrument will be activated this May 3.We also publically wish to express our appreciation to the government of Mexico for the generous support shown towards the realization of this important event, on the level of the Americas, directed towards the effective implementation of the Convention on the Rights of Persons with Disabilities. We would like to take this opportunity to express our concern with the Declarative Interpretation, introduced by the government of Mexico, which expresses: the United States of Mexico interpret paragraph 2 of article 12 of the Convention, in the sense that in the case of conflict between said paragraph and the national legislation which would apply- in strict adherence with the pro homine principle- the norm which assures the best legal protection, safeguards the dignity and ensures the physical, psychological, emotional, and patrimonial integrity of individuals.

The aforementioned paragraph 2 of article 12, which establishes that persons with disabilities have the legal capacity to equal treatment in all aspects of life, is of utmost importante as this implies a paradigm change introduced by this Convention with respect to the notion of legal capacity.Without this recognition, dedicated in paragraph 2 of article 12, it will not be posible that persons with disabilities, without distinction, regardless of the type or level of disability, will no longer be viewed and treated as minors or second-class citizens. In other words, persons with disabilities will be forced to endure a restricted citizenship or subject to guardianship, the representation or the interdiction. There is no form in which any national law, be it different from the text of the Convention, could be better than this. For this reason, the aforementioned Declarative Interpretation leaves the door open for the possibility that the country of Mexico does not complete that which is described in the aforementioned paragraph and in article 12 in general. This concern has intensified given that, with the best intentions to protect the interests of those with disabilities, the ability of selected persons with disabilities to exercise their rights would be limited. We also run the risk of limiting the rights of all persons with disabilities. This is cause for alarm as this would affect the entire value of the Convention.

One element to consider is that of the 20 countries which have ratified the Convention, none of them have made an observation or declarative interepretation.In light of the above arguments, we implore officials in the government of Mexico, within their respective posts in the Senate of the Republic and the Secretary of Foreign Affairs, to reevaluate the considerations which led to the creation of the aformentioned Interpretive Declaration. With the consideration of the arguments we have presented, we implore you to remove this Interpretive Declaration with the goal of strengthening the current usefulness of the entire Convention.We hope that through this healthy rectification the Mexican government will be deserving of great recognition, on the national and international levels, within the movement of persons with disabilities. We also hope this will serve to prevent any future observation which could be introduced by any country and result in a limitation or reduction of the dignity and rights of persons with disabilities which this Convention promotes.

Originally published on http://wwwderechospcd.blogspot.com/ by Eduardo García

"Peace does not just mean the absence of war." Narayan Desai

In our daily routines we are constantly aware that our work to ensure the respect of rights for persons with disabilities is merely one form of action to combat the multitudes of forces which dominate, paralyze, and destroy persons and their communities. Thus we consider it fundamental to enrich our reflection with documents derived from the experiences of other liberators; although some of these may not have an immediately recognizable link with disability issues. In this entry we present you with a reading by Narayan Desai, chancellor of Gujarat Vidyapith (a university founded upon the educational work of Ghandi), Ahmadabad, and the founder of the “Institute of the Total Revolution.” This reading was performed during the inaugaral ceremony of the “International Congress on Peace and Non-Violence,” which commemorated the 60th anniversary of Gandhi’s assassination. The photo used to illustrate this text is from Sebastiao Salgado’s work, "The End of Polio."

Sevagram/Wardha, India / January 29, 2008.

Dear lovers of peace and non-violence,

The three dates with have been selected for this International Congress on Peace and Non-violence are likely more significant than we can imagine. Tomorrow is the 60th anniversary of Gandhi’s death. However, I consider today, the 29th of January, to also be important. On this very day, 60 years ago, Gandhi spoke of his death as though he had anticipated it. During the year 1947, he had spoken of his vision three times. One day before his death he told his niece, “if I die of a common ailment, please tell the world that Gandhi was not a Mahatma. However, if I am shot due to my prayers and I take all of the bullets in my open chest, and if I have the name of God on the tip of my tongue and do not have hate in my heart, then tell the world that I was a humble servant of God.” He was anticipating and describing what was about to happen the next day.

The theme of this Congress is very important. Many of us use the terms “peace,” and “non-violence” as synonyms. However during the last few decades the meanings of these words have been transformed. Peace does not merely mean the absence of war. Peace expresses the meaning of peace with justice. Non-violence is not more passive; it is a radical force. However these ideas have been transformed and these terms now have different meanings. While a great many people have contributed to the concept of peace, Gandhi was the possibly the only person who changed the concept of non-violence. Ahimsa, the Hindu word for non-violence, is commonly understood as “to not harm or wound another person.” However Gandhi imagined this as a radical force. During the initial periods he explained the idea of non-violence as positive.

This idea was so original that he adopted a new term to explain it. He called it, “Satyagraha.” he gave three synonyms for the term Satyagraha. First, he called it, “force of the truth.” He also called it, “force of love,” and “force of the soul.” The force of the truth is based in the principle of justice. In Sanskrit the word for truth is “Satya” from the root “Sat,” meaning “existence.” For many who understand these concepts, there is no difference between “truth,” and “existence.” The force of love can move mountains. The force of the soul visualizes the unified souls of all people. Satyagraha is the philosophy based in voluntary suffering. I will give you all an example. Many of you have read Gandhi’s beautiful story of his first confession to his father. Gandhi´s father was practically on his deathbed. Gandhi had lied, stolen, and broken a gold ornament belonging to his older brother. He was unable to to make a verbal confession, so he wrote down a confession to his father. He requested a punishment and did not know how his father would react. After he read the confession, his father became silent for a while, then tore up the note and laid down. Tears streamed down his cheeks and he did not utter a single word. Gandhi described this as his first experience with non-violence. He understood that one’s own suffering could change others. Suffering in and of itself could be used as a tool of satyagrahi to transfer one’s own suffering to that of an adversary.

All of us gathered here today have had many experiences and many concerns about current affairs. We seek to find common ground and design strategies to change the world with peace and justice. I am sure that during these three days we will discuss current affairs and strategies to change the world for the better. To me the world seems to be divided between two camps. On one side we have the force of life and on the other the forces of death.

The forces of death are highly centralized and connected to each other. The forces of life do not appear to be very well organized. They do not resonate nor manifest clearly. We should search for the manner in which the forces of life can change our current situation. While reading the papers submitted for this congress by our African friends, I noted that over 70% of them applied to the situation in India. Thus, it is not just a matter of Africa, it is a matter of the north versus the south.

Rather than creating a global family, globalization has created a global market. The market trading is quite difficult, as trust for others is lacking. The base of the family is love and trust. Freedom of the global market includes the freedom to die. Economic forces have joined with military forces to maintain control and political power. If humanity does not wish to commit suicide, we need to find the manner to ward off death.

I am trying to explain how we might confront these problems using Gandhi´s methods. The principle method of Gandhi is to increase people’s consciousness. Many western and Hindu groups view Gandhi´s methods as a simple technique. But for Gandhi non-violence was a technique derived from a whole lifestyle. One cannot use non-violence without having love for one’s adversary. I continue to see non-violence used while having anger within oneself.

Gandhi described the Satyagraha as the force of love. The three essential elements of the Satyagraha are as follows: 1) strong faith in the truth, 2) love of one’s adversary as the most important principle, and 3) capacity to weather and accept suffering. I am aware of the fact that in Western culture the word “suffering” has a negative connotation. However, for Gandhi voluntary and conscious suffering was positive as it allowed him to communicate his feelings and ideas to his adversaries and to the entire world.

The first condition is that the non-violent person acts. The absence of violence is not non-violence. Love should have such an impact that it changes the adversary. Mothers change children with their love. We should first apply these principles to ourselves, not to others. Another condition is that individuals, including Gandhi, cannot complete the revolution. This can only happen when the public changes. Empowerment of the public is the first step towards the revolution.

Thus, there are 4 steps to carrying out the revolution:

1) Consciousness, according to Freire. If the public is not at least conscious, revolution is not possible. One’s own dignity is the first step towards consciousness; to have consciousness of problems and social injustices.

2) The organization cannot be limited to the organization of the forces of death. We have followed this model: that of an organization with a topdown structure of centralized power. We have to encounter new strategies, with the power based in the people. We must decentralize, work within networks, and honor humanistic values within our own organizations. To Gandhi, “organization is the testimony to non-violence.” How can we organize ourselves in a non-violent form? This is the dilemma that we need to discuss during the days of this congress.

3) Never forget that the power of the force of the truth applies to us as well. If we do not have the whole truth ourselves, we cannot share the truth with others. Towards the end of his life, Gandhi maintained a fast for the truth, although he was also open to seeing the other side. On his last day he said, “I am not mahatma; I am merely a seeker of the truth. He did not exclude his adversaries from knowing the truth.

4) It appears that today we have a conspiracy of the government against the people. As this occurs, we see people suffering and the government working towards its own interests. How can we empower the people and diminish government oppression. This is a question worthy of debate.

Gandhi´s method was to fight on one side while create on the other. Fight and create are two sides of the same coin. He went to prison fighting against the empire, and while incarcerated he spun thread and sewed clothes for the poor. Not satisfied to do one or the other, he combined fighting with creating. These two strategies should always go together.

I do not mean to say that we can only use Gandhian methods for achieving peace with justice. Gandhi never would have said this, as he was always continuing to learn. There are many experiences of problem resolution in this world. I am sure that no international conference can solve all of the problems confronted by humanity. They can only give us solidarity and clarify our ideas surrounding the problems. This is only the beginning towards solving problems. I hope that we can begin with solidarity.

Thank you.

Originally published on http://wwwderechospcd.blogspot.com by Eduardo Garcia

The Beginning of Liberation: The Political Dimension of Disability

Capitalism (and at its extremes Neoliberalism as the most advanced phase of Imperialism) is by nature a project of exclusion, as pointed out in the following article from the magazine Region Latinoamericana de la Organizacion Mundial de las Personas con Discapacidad. This article seeks to provoke an urgently needed reflection on the voracity of the model which has irremediably resulted in what Viviane Forrester calls, "Economic Terror." We welcome you to this latest entry of Nothing Can Stop Us!

In our public consciousness, disability is not a theme with elicits much atention, nor does it have a group of influential lobbyists. Power evades us, although clearly this does not mean that we do not know of certain persons with disabilities whom, thanks to their merits, generate a certain amount of public interest. However, in collective terms, there exists only a burgeoning process to elevate our interests from the priority level of social problem to that of political problem.

In Latin America, there continues to be more conscientiousness towards reclaiming our rights. Along with this, we are made more aware of the cruelty of social exclusion. Following more than a decade of framework adjustments, such as the application a liberal model for the economic market, and the privatization and reduction of budgets, our governments have refused to take responsibility for their now scarce resources. In Peru, during the debate over the 1993 Fujimorist administration, the minister of public health insisted that the problem of persons with disabilities was the problem of their families...Amidst this, studies of international organizations financed by BID (Inter-American Development Bank), as expressed by Bernardo Kingsberg, indicate that as a result of the continental changes there are seven vulnerable groups. One of these vulnerable groups is persons with disability.

While for some macroeconomic policies have generated stability and growth, we cannot disregard the studies which indicate that in order to maintain our current standard of living, we must maintain precisely six percent of annual economic growth. Clearly implicit in this growth, which will be enjoyed by only a few, there will be many hidden exclusions, abandonments, and shameful inequalities.

In the midst of this process there is a conflict. On one side we have a few people who insist that we must ensure economic stability and growth through minimizing the role of the governments and allowing the market forces to regulate social norms. On the other side, we point out that this economic model only aggrevates inequalities, as the market forces will never give us security in terms of social justice, educational opportunity, nor employment opportunity. By definition, within the scheme of capitalism the inclusion of persons with disabilities is not possible.

The global tendencies in employment are an increasinglevel of qualifications required for job applicants and a decreasing quantity of jobs. Unemployment is generating large migrations. Within this context, how is it possible to speak of productive inclusion for persons with disabilities? We are facing a reality in which there is not enough employment for persons without disability. OIT recognizes an unemployment level in the PEA (Economically Active Population) with disability of approximately eighty percent. Without employment, one cannot have costly services such as private health care, education, etc.

In Peru, where 54 percent of the population lives below the poverty line, we see diverse groups, including our group, fighting to survive. It is apparent that in Latin America, poverty and exclusion characterize the social class of persons with disabilities.

In the struggle for social inclusion we are fighting for rehabilitation services, health care, and social security. We are also fighting for inclusive education, decent employment, and an adequate standard of living. In summary, this is a political fight; not merely for the recognition of our rights, but also for the power that permits us to exercise our rights.

This perspective is visible in the Carta de Paraguay (RLOMPD 2005), "the fight for the integration of persons with disabilities is tied to the fight against poverty and against the power structures which sustain a condition of social exclusion in diverse social groups of vulnerable people (paragraph 30)."

In order to fight more effectively, we need to achieve political solidarity and work with other sectors of excluded people. As we demand civic participation, we must distance ourselves from opportunistic politicians. We must refine our system of representation and clarify our requirements for leadership. We need to leave behind our homegrown ideas of disability, open our eyes to reality, and commit ourselves to transforming our homelands.

In light of this, our brothers and sisters to the north (persons with disabilities in more developed countries) there are principles which must be taken into account regarding the politics surrounding disability. As they say in Peru, " there is no 'independent living' without the satisfaction of the basics necessities of persons with disabilities." Thus, from an understanding of this reality in developing countries, we can affirm the "Beginning of Liberation." This can be the starting point in the politics surrounding disability. We must understand the individual and collective characteristics of persons with disabilities. We must note the manner in which recognition of their dignity relates to overcoming their complexes. We must also recognize their abilities and their limitations. We must finally understand that overcoming the culture of domination will determine whether they are socially excluded.

Having said this, we must note that some tecnocratas (professionals who believe in Free Market principles) who claim to work on disability issues do not want to familiarize themselves with the political dimension. They construct theorical projects which are supposedly in favor of persons with disabilities but rarely consider their instrumentation. Within this vision, they fulfill a paternalistic role which interferes with our process of integration. Prioritizing the civic participation of persons with disabilities is key to the process of social inclusion. Their leadership in a Movement of the Excluded in our native continent is urgently needed work.

In Latin America, the course of action is clear. Within a few years it will not appear at all strange to see elected representatives in the city government, state senate, and possibly even those in command of our nation. These elected officials will responsibly lead within their homelands and within the Movement of the Excluded.

Originally published on http://wwwderechospcd.blogspot.com/ by Eduardo Garcia