Proposal for a :
Declaration of the Rights of Persons with Disabilities
January, 2016
(Modeled on the Declaration of the Rights of the Child)
Preamble
Whereas the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,
Whereas the United Nations has, in the Universal Declaration of Human Rights, proclaimed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as differences in physical details and apparent or perceived behavioral*, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,
(*Note: in Human Rights, the term “race” should be deleted since human science cannot define the notion of race, and replace the notion of “colour” with “differences in physical details and apparent or perceived behavioral”)
Whereas that all disabilities are prenatal or postnatal abuse, of nature and of the human, on the human. That there can be no difference between birth disability and disability acquired during life, because no human has asked to exist. That the result of any disability whatsoever is due to bodily weakness and, or, intellectual, or, and, as well as the absence of free will. That weakness and absence are the results of a genetic inheritance from the parents and therefore unwanted by the child, not more desired by that person than existence itself,
Whereas that no person, handicapped or not, can exist at her personal request that her existence is therefore arbitrary, and that her parents have initiated without any mastery the blind manufacture of her existence for their services, and that of society, since procreation is the first social act and the most important of human acts yet without control of the law,
Whereas that the disabled person, by reason of her physical or mental disabilities, needs special safeguards and care, including appropriate legal protection, before as well as after birth, and in particular where appropriate of equipment to compensate for the handicap acquired in the service of society simply by existing,
Whereas the need for special safeguards has been stated in the Geneva Declaration of the Rights of the Child of 1924, and recognized in the Universal Declaration of Human Rights and in the statutes of specialized agencies and international organizations concerned with the welfare of children, society must defer these rights to the handicapped person who, like the child, has certain disabilities which, where appropriate, she will retain all her life, unlike the child once grown up in full possession of his physical and mental means,
society must defer these rights to the disabled person who, like the child, has certain disabilities that he will retain for life, contrary to the child once grown up in full possession of his physical means and mental,
Whereas mankind owes to every person, child and adult handicapped or not, the best of itself, and that there is no reason to compel anyone to exist if the conditions of existence are bad,
Now therefore,
(We, the author,)
Proclaims this Declaration of the Rights of Persons with Disabilities so that they have a happy life and enjoy, for their benefit and in the interest of society, the rights and freedoms herein set forth, and that they benefit from an indemnity and restitution for the disability that they must undergo when they have not asked to exist, let alone to exist in this physical or mental state, and while this existence is the result of a need for society and an uncontrolled desire of their parents,
and calls upon parents, upon men and women as individuals, and upon voluntary organizations, local authorities and national Governments to recognize these rights and strive for their observance by legislative and other measures progressively taken in accordance with the following principles:
Principle 1
The disabled person shall enjoy all the rights set forth in this Declaration. Every person with disabilities, without any exception whatsoever, shall be entitled to these rights, without distinction or discrimination on account of age, differences in physical details and apparent or perceived behavioral, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, whether of herself or of her family or of her guardians.
Principle 2
The disabled person shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to compensate and remedy incapacitating disability, whether intellectual or physical, by operation of law and other means, in order to be able to develop in a healthy and normal manner physically, intellectually, morally, spiritually and socially, in conditions of freedom and dignity. In the enactment of laws for this purpose, the best interests of the disabled person shall be the paramount consideration.
Principle 3
The disabled person shall be entitled from her birth to a name and a nationality.
Principle 4
The disabled person shall enjoy the benefits of social security. She shall be entitled to grow and develop in health; to this end, special care and protection shall be provided both to her and to her mother, including adequate pre-natal and post-natal care. The disabled person shall have the right to adequate nutrition, housing, recreation and medical services.
Principle 5
A person who is physically, mentally or socially disadvantaged shall be given the special treatment, education and care required by her particular condition or situation.
Principle 6
The disabled person by birth, for the full and harmonious development of her personality, needs love and understanding. She shall, wherever possible, grow up in the care and under the responsibility of her parents, and, in any case, in an atmosphere of affection and of moral and material security; a disabled person shall not, save in exceptional circumstances, be separated from her mother. Society and the public authorities shall have the duty to extend particular care to disabled people without a family and to those without adequate means of support. Payment of State and other assistance towards the maintenance of persons with disabilities of large families is desirable.
Principle 7
The disabled person is entitled to receive education, which shall be free and compulsory, at least in the elementary stages. She shall be given an education which will promote her general culture and enable her, on a basis of equal opportunity, if necessary compensated according to the handicap, to develop her abilities, her individual judgement, and her sense of moral and social responsibility, and to become a useful member of society, if she so desires.
The best interests of the disabled person shall be the guiding principle of those responsible for her education and guidance; that responsibility lies in the first place with her parents or guardians.
The child with a disability shall have full opportunity for play and recreation, which should be directed to the same purposes as education; society and the public authorities shall endeavour to promote the enjoyment of this right, as well as to compensate and repair the handicap.
Principle 8
The disabled person shall in all circumstances be among the first to receive protection and relief.
Principle 9
The disabled person shall be protected against all forms of neglect, cruelty and exploitation. She shall not be the subject of traffic, in any form.
The disabled person shall not be admitted to employment before an appropriate minimum age; she shall in no case be caused or permitted to engage in any occupation or employment which would prejudice her health or education, or interfere with her physical, mental or moral development.
Principle 10
The disabled person shall be protected from practices which may foster to physical or behavioral discrimination, religious and any other form of discrimination. She shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, and in full consciousness that her energy and talents should be devoted to the service of her fellow men, if she desires it and according to her abilities.
General Principle
As the society is constantly asking for partners to replace the deceased who constituted it, it must, since it is demanding partners forced to exist for its service, and since it is respectful of human rights that it has instituted itself, to assure to each one a decent life, interesting, rich in opportunities, healthy, non-bellicose, and gratuitous; and since it is unable to ensure that every human being, existing for its service, is born and remains unscathed from physical or mental handicaps, it must compensate and repair to the extent possible the failures of the generation of these people and their lives.
It must always be remembered that the fabricating of an existence is never mastered and only serves those that already exist; that the risk of this blind manufacturing involves the mother who risks her health and her life by procreation, but especially the new person, the child, who suffers all the consequences for the sole service of others, since she will exist without her prior agreement obviously impossible, and this constrained existence will take place with a body, as well as an intellect, and in an environment that she has not chosen.
End – E. Berlherm
