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Location: Home - Human Rights Program | 2006-12-15 | ||
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Human Rights and DisabilitiesLegal Protection | FPT Initiatives | International | Other resources "Equality is a right guaranteed to all Canadian citizens. The values
inherent in the concept of equality include self-determination, autonomy, dignity,
respect, integration, participation and independent living." - In
Unison: A Canadian Approach to Disability Issues - Values According to the United Nations, a disability is a temporary or permanent physical, intellectual or sensory impairment, a medical condition or a mental illness. Some examples are blindness, deafness, or paralysis. It can affect an individual's ability to perform an activity within the range considered normal for a human being, for instance, a difficulty in seeing or hearing at what is generally considered a normal level. Having a disability does NOT mean that a person is less capable of fully participating and contributing as a citizen in Canadian society. Persons with disabilities can face many barriers and challenges, including accessing the tools that make it possible to participate in society. Society's attitudes can also create obstacles to inclusion. There is sometimes a failure to recognize the social and economic contributions of people with disabilities and a tendency to see only the disability rather than the person. A lack of accommodation in employment, education and transportation can present a further challenge. As a result, persons with disabilities do not always have access to the same opportunities as others, and they are more likely to be socially isolated, have higher rates of unemployment, and live below the poverty line. Equality and full participation are human rights. All persons are entitled to equal access to the basic rights and fundamental freedoms that most people take for granted, e.g. health care, employment, education, participation in cultural activities. Legal ProtectionProhibiting discrimination means ensuring equal opportunity and accommodating the needs of persons with disabilities. In Canada, the right to equality and the duty to accommodate are guaranteed by law. Canadian Charter of Rights and Freedoms Canadian Human Rights Act Physical and mental disability are prohibited grounds of discrimination under
the Canadian Human Rights
Act, which also includes a "duty
to accommodate " . Under the Act, federally regulated employers are bound by law to prevent discrimination
and to provide access and support to individuals with disabilities. However,
employers are required to accommodate persons with disabilities only to the
point of the employers' "undue hardship." Health, safety and cost
reasons may make accommodation too extraordinary, and therefore, too difficult
or hazardous for the employer. Barrier-Free
Employers, Employment Equity Act The objective of the Employment Equity Act is to achieve equality in the workplace so that no person is denied employment opportunities for reasons unrelated to ability and to correct the conditions of disadvantage in employment (duty to accommodate) experienced by persons with disabilities, women, Aboriginal peoples and visible minority groups. The Act obligates federally regulated employers to make every reasonable effort to eliminate discrimination, which might result from rules, practices or barriers that have an adverse impact on the designated groups. Provincial and Territorial Legislation Provincial and territorial governments also have various laws that prohibit discrimination against persons with disabilities, including human rights codes, acts or charters. See below for suggested Web sites to obtain additional information on these laws. Federal, Provincial and Territorial InitiativesFederal, provincial and territorial governments and statutory (independent) agencies offer a variety of programs and services related to persons with disabilities, such as accommodation, employment integration and transportation accessibility. For example, human rights commissions are responsible for monitoring the implementation of domestic human rights legislation. Information dealing with disabilities can be found on their Web sites. Human rights commissions are also valuable resources for general information about human rights in Canada Governments working together... The Social Union Framework Agreement is a joint federal, provincial and territorial government initiative which works to "reform and renew Canada's system of social services and to reassure Canadians that their pan-Canadian social programs are strong and secure". Accommodating and empowering persons with disabilities is a primary objective in the Social Union Framework Agreement. In Unison: A Canadian Approach to Disability Issues calls for a joint effort between federal, provincial and territorial governments to increase disability supports, access to education, job accommodation, and financial assistance. The goal is to empower and encourage all Canadians to be socially independent, as well as to ensure full access to participation in society for everyone. Disability
WebLinks Canada's reports to the United Nations under the six core human rights treaties should be consulted for additional information on federal, provincial and territorial legislation, policies and programs related to persons with disabilities. They can be found on this Web site under Canada's Reports on UN Human Rights Treaties and Related Official Documents (search words: disability, disabilities). At the national level... The Government of Canada has extended its efforts to address the challenges faced by persons with disabilities by creating the Office for Disability Issues (ODI) at the Department of Social Development . The ODI educates Canadians on disability issues, and seeks to improve government policies and programs. A document entitled Bridging the Gap, available through the ODI, provides a listing of Government of Canada services and programs of interest to Canadians with disabilities. In 1999, the Government of Canada released its disability agenda, entitled Future Directions to Address Disability Issues for the Government of Canada: Working Together for Full Citizenship. Seven key areas were identified to help people with disabilities achieve full inclusion: increase accountability and improve policy and program coherence; build a comprehensive base of knowledge; build the capacity of the disability community; address the acute needs of Aboriginal people with disabilities; improve access and remove barriers to disability supports and income; enhance employability of persons with disabilities; and reduce injury and disability rates by prevention and health promotion. In December 2002, the Government issued a progress report on disability issues, entitled Advancing the Inclusion of Persons with Disabilities. This report presents a profile of disability in Canada and measures progress in five areas: disability supports; skills development, learning and employment; income; injury prevention and health promotion; and capacity of the disability community. The Canadian Human Rights Commission
In your province or territory... Alberta • Premier's
Council on the Status of Persons with Disabilities • Alberta Human Rights
and Citizenship Commission British Columbia • Information
for Persons with Disabilities - Ministry of Human Resources • Manitoba Human Rights Commission
• Full Citizenship:
A Manitoba Strategy on Disability New Brunswick • Premier's Council
on the Status of Disabled Persons • New Brunswick Human
Rights Commission Newfoundland and Labrador • Newfoundland and Labrador Human
Rights Commission Northwest Territories • Northwest Territories Council of Persons with Disabilities* Nova Scotia • Nova Scotia Disabled
Persons Commission • Nova Scotia Human Rights
Commission Nunavut • Department
of Culture, Language, Elders and Youth Ontario • Accessibility
Ontario • Ontario Human Rights Commission
• Prince Edward Island
Council of the Disabled • Prince Edward Island Human
Rights Commission Quebec • Office des personnes
handicappées du Québec • Commission
des droits de la personne et des droits de la jeunesse Saskatchewan • Office of Disability
Issues • Saskatchewan Human Rights Commission
Yukon • Yukon Council on Disability
• Yukon Human Rights Commission International InitiativesCanada's role... Canada has taken a leading role in promoting disability rights internationally. For example, in 1992, Canada introduced the first resolution on disabilities at the United Nations Commission on Human Rights. Canada also hosted Independence '92, an international congress on disability. That same year, Canada hosted the first International Conference of Ministers Responsible for the Status of Persons with Disabilities. For more information on Canada's international role in disability issues, please consult the Web site of the Department of Foreign Affairs and International Trade. At the United Nations... The effort to ease social integration for individuals with disabilities and
ensure enjoyment of equality and human rights has been made worldwide. In 1975,
the United Nations General Assembly adopted the Declaration
on the Rights of the Disabled Person There is at present no UN human rights convention which applies solely to persons with disabilities. However, in December 2001, the UN created an Ad Hoc Committee "to consider proposals for a comprehensive and integral international convention to protect and promote the rights and dignity of persons with disabilities". This Committee is presently discussing issues related to the new proposed convention. The UN has undertaken a number of additional initiatives related to persons
with disabilities. The World
Programme of Action concerning Disabled Persons, In 1993, the UN General Assembly adopted the Standard
Rules on the Equalization of Opportunities for Persons with Disabilities
For more information on UN related activities on disabilities, please consult
the Human
Rights and Disability Other Resources• The Canadian
Centre on Disability Studies • EnableLink: Linking people with
disabilities to a world of resources • L'Arche Canada
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