Nepal’s practices with respect to institutionalization of persons with disabilities are detrimental to the human rights and well-being of persons with disabilities and are not compliant with international law and standards.
At a consultation organized by the International Commission of Jurists (ICJ) in collaboration with KOSHISH and Nepal Disabled Women’s Association (NDWA) on 17 April 2024, participants considered the human rights situations of persons with disabilities in a variety of institutions and discussed the need for legal reforms and prompt administrative measures to ensure their right to live independently in their communities.
Participants included representatives from the organizations of persons with disabilities; the National Federation of Disabled Nepal (NFDN Nepal); the National Human Rights Commission; self-advocates; human rights defenders advocating for deinstitutionalization and independent living; human rights lawyers; and journalists.
Participants discussed problems faced by persons with disabilities in various institutions. These include lack of control over daily routines and decisions; absence of choices in terms of food and with whom to live; instances of ill-treatment and abuse; inaccessible physical infrastructure, including toilets; and overcrowded spaces.
They evaluated the situation with reference to international human rights law and standards relating to deinstitutionalization. Of particular importance is the Guidelines on deinstitutionalization, including in emergencies issued by the UN Committee on the Rights of Persons with Disability.
“From an international law perspective, institutionalization is a form of segregation and isolation of persons with disabilities. It also typically undermines the legal capacity of persons with disabilities living within institutions who are stripped of their control over basic decisions in their daily lives,” said Karuna Parajuli, ICJ’s Legal Adviser.
Under the UN Convention on the Rights of Persons with Disabilities, to which Nepal is a party, the responsible State authorities must develop and implement a strategy to achieve deinstitutionalization as well as effective measures to secure all persons with disabilities’ right to live independently and within their communities.
Advocate Sharmila Parajuli, from KOSHISH (a local organization of persons with psychosocial disabilities) shared the preliminary findings from their unpublished research about the conditions in institutions in Nepal.
Participants indicated that institutions such as care homes, welfare houses and hostels are often presented by the government to persons with disabilities as better alternatives to prison facilities, “mental asylum centers” and “mental hospitals”. In this context, human rights concerns relating to institutionalization are often misunderstood or ignored. Participants expressed general agreement on the need to improve the understanding of government officials, care providers and other stakeholders on Nepal’s international human rights obligations relating to deinstitutionalization.
“States have no justification to continue to perpetuate institutionalization. While immediate action must be taken to address the concerns about the poor conditions in institutions, the Nepali authorities must also take clear, time-bound steps to move towards deinstitutionalization,” concluded Karuna Parajuli.
Background
Nepal is a party to the the UN Convention on the Rights of Persons with Disabilities (CRPD). Article 51(b)(3) of the Constitution of Nepal, 2015, requires the authorities to pursue policies related to “implementing international treaties and agreements to which Nepal is a State party”. Similarly, Section 9(1) of the Nepal Treaty Act, (2047) 1990, provides that, if domestic laws are inconsistent with Nepal’s international obligations, “the inconsistent provision of the law shall be void.”
The Act Relating to the Rights of Persons with Disabilities, 2074 (2017), which is aimed at domesticating the CRPD, allows the Nepal government to establish rehabilitation centres for the persons with disabilities.
In 2018, The Committee on the Rights of Persons with Disabilities, reviewing Nepal`s implementation of its obligations under the CRPD, made the following observations and recommendations.
“The Committee is concerned that persons with disabilities are not provided with adequate means to enable them to exercise choice and control over their lives and make their own decisions, particularly to live independently and within their community. The Committee is also concerned that the State party has not adopted any policy measures to protect persons with disabilities against forced institutionalization to protect persons with disabilities against forced institutionalization”
“In line with its general comment No. 5 (2017) on living independently and being included in the community, the Committee recommends that the State party adopt a strategy to implement independent living schemes and to ensure access to disability-specific community services. The Committee also recommends that the State party ensure that persons with disabilities who live with or are dependent on their families receive appropriate support to enable them to live independently in the community”.
Contact
Karuna Parajuli, ICJ Legal Adviser, Nepal, e: karuna.parajuli@icj.org