Iran’s Parliament Must Approve the Rights of Persons with Disabilities Bill

December 9, 2017 – A new bill supporting the rights of persons with disabilities, if passed, will be a step toward advancing the rights of Iranians with disabilities. Coinciding with December 3 (International Day of Persons with Disabilities), the human rights campaign in Iran has called on the Islamic Consultative Assembly to place the vital bill on the rights of persons with disabilities on its agenda in a manner consistent with international commitments.

Hadi Ghayemi, director of the International Human Rights Campaign in Iran, said: “Persons with disabilities in Iran have always faced stigmatization and social discrimination, and their rights and needs have been neglected by the Iranian government. But now the time has come for the government to fulfill its international commitments toward this group of society in accordance with international standards.”

Iran has been a member of the United Nations Convention on the Rights of Persons with Disabilities since 2009, but its domestic laws and practices are still not in harmony with the convention’s provisions. Persons with disabilities in Iran continue to be deprived of equal access to transportation, public spaces and facilities, government services, education, and effective legal protections. Persons with disabilities also face widespread discrimination in access to employment.

The Welfare Organization, as the main body providing services to persons with disabilities in Iran, provides limited services to 1.3 to 1.5 million people, while according to some parliamentary representatives, more than 11 million persons with disabilities live in Iran. The reason for this stark difference is the adoption of a very narrow definition of disability that only includes persons with moderate to severe disabilities.

Hadi Ghayemi, director of the human rights campaign in Iran, said on this matter: “If the authorities do not change the definition of disability and align it with global standards, millions of persons with disabilities in Iran will be deprived of the services provided for this group, and the new bill will not benefit them.”

Among the Welfare Organization’s services is the payment of a monthly pension of 53,000 tomans to a limited number of persons with disabilities, which is insufficient to meet their basic needs. Health insurance also does not cover many medical and rehabilitation services that are vital to the quality of life and independence of persons with disabilities. Additionally, the disabled community faces severe discrimination in the field of employment.

The text of the bill has not been formally published for public review and comment, especially from experts in this field. However, in the latest draft version of this law obtained by the human rights campaign in Iran, there are positive provisions whose implementation could bring important changes to the lives of disabled persons in Iran. For example, municipalities are required to refrain from issuing building and completion permits for public places and facilities that are not accessible to persons with disabilities.

It is also envisioned that rehabilitation services and equipment needed by persons with disabilities, such as occupational therapy and physiotherapy, will be covered by public and supplementary health insurance. To address the unemployment crisis among persons with disabilities, the draft also includes establishing an employment opportunities fund for persons with disabilities and incentives for employers who hire these individuals. It should be noted that the unemployment rate among persons with disabilities is much higher than among other members of society, and some activists estimate it to be up to 3.5 times that of non-disabled persons.

However, the proposed law also has significant shortcomings. For instance, it does not provide any specific measures or services to protect persons with disabilities from abuse and violence. It also does not address the need to ensure all disabled children, especially children with intellectual or mental disabilities, access to inclusive education, and no legal measures have been provided to prevent the promotion of misconceptions about disability in state media. Another important point is the lack of effective legal mechanisms for filing complaints about violations of the rights of persons with disabilities and compensation for damages.

In 2015, the Rouhani administration, in consultation with some activists in the field of disability rights, passed a bill to improve their situation. In the same year, part of this bill was approved by the government cabinet as an implementation resolution and is now mandatory as the “Comprehensive Support Program for the Disabled.” Another part of this bill went to parliament and was passed. However, in April 2016, the Guardian Council returned the bill approved by parliament to parliament due to non-compliance with approval procedures. After being returned to parliament, a committee of parliamentary representatives and representatives of the Welfare Organization made changes to the bill and sent a new version to parliament. This bill is now awaiting review by parliament.

Prior to the law currently awaiting passage in parliament, the Comprehensive Law for the Protection of the Disabled in Iran was passed in 2004. Although this law was a positive step in legal protection for these individuals, due to its lack of comprehensiveness and failure to provide the necessary implementation guarantees, it could not bring about noticeable change in the lives of Iranian disabled persons.

According to activists of the “Campaign to Follow Up on the Passage of the Comprehensive Bill on the Protection of Disabled Persons’ Rights,” delays in passing and implementing this bill have created serious problems for the lives and livelihoods of disabled persons.

An activist in the field of disability rights in Iran, who is himself a person with disabilities, told the human rights campaign in Iran: “Delays in passing and implementing the laws necessary for the disabled in the country mean nothing but that officials and representatives do not give special priority to meeting the rights and needs of persons with disabilities. Every other law, plan, and bill takes precedence over our demands and problems. While we, like other people, participate in elections, hoping that we will be taken into consideration and that necessary laws will be passed to improve our living conditions.”

Hadi Ghayemi, director of the human rights campaign in Iran, emphasizing that the Iranian government should view citizens with disabilities as rights holders and useful members of society and fulfill its responsibility toward them, said: “The era of charitable approach to persons with disabilities has ended. The government must take serious steps to achieve true equality between persons with disabilities and other citizens and seriously strive to uphold their human rights.”

Source: Iran Human Rights Campaign