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Malaysia has been a signatory to the UN Convention on the Rights of Persons with Disabilities since 2008, and should move from a charity-based approach to a rights-based approach.

MORE often than not we tend to disregard our physical and mental abilities. Being someone who has survived Guillain Barre Syndrome I have learned a lot.

I was just like any normal child. Then suddenly, at age 12, I woke up one day to find that I was not able to move at all from neck to toe – I had become paralysed.

Try and imagine the situation. You are fit, well and healthy, and not suffering from, or diagnosed with, any illness, and suddenly you are unable to walk, write or sit or stand on your own.

It is frightening and unimaginable but there are a lot of people who have had to go through similar situations, and it can happen to anyone, including your loved ones.

I was lucky to be able to recover from Guillain Barre Syndrome despite being bedridden for almost a year, and had to learn how to sit, walk and write all over again. But what about those who have to live with their disabilities their entire lives?

The Persons With Disabilities Act 2008 (Act 685) defines disabled persons as those with long-term physical, mental, intellectual and sensory impairment which in interaction with various barriers may hinder their full and effective participation in society.

At the public forum “Persons With Disabilities Act 2008 – What’s next?” at the Malaysian Bar Council Auditorium last year, the provisions of Act 685 were discussed.

The forum was attended by various government officials, members of the Bar, persons with disabilities and concerned members of the public.

Among some of the issues raised during the forum was access to education by persons with disabilities.

Section 28 of Act 685 provides the right for persons with disabilities to receive general education – pre-school, primary, secondary and higher education, including vocational training – on an equal basis with persons or children without disabilities.

With respect to education, various departments are involved in the development of special education for persons with disabilities, as provided for in the Education Act 1996, but it is necessary to highlight that some of the special education teachers within the guidance of the Education Ministry may not really understand the special education system.

It was shocking for me to note that some of the education specialists teaching students with eyesight impairments were unable to read Braille code themselves. Some of these teachers rely on their students to read Braille code.

Section 26 of Act 685 also provides rights for persons with disabilities to have access to public facilities, amenities and services and buildings.

At the moment, there is lack of enforcement to ensure that the Government and providers of such facilities, amenities and services and buildings give appropriate consideration, and take necessary measures, to ensure that such facilities, amenities and services and buildings and the improvement of the equipment related to the usage of such access conform to universal design in order to facilitate their access and use by persons with disabilities.

It should be noted that the Government has been a signatory to the United Nations Convention on the Rights of Persons with Disabili-ties (Convention) since 2008. However, it has yet to ratify the Convention, which means that the Government is not bound to comply with its provisions.

We have seen public buildings that do not provide proper facilities for persons with disabilities. For example, some Government offices do not have proper ramps for wheelchair users, and for some of those that do, the wheelchair ramp is far from the main entrance.

Some Government offices limit the use of lifts to their officers, and the public will need to climb the stairs.

At the moment, under Act 685, there are no penalties for failure to comply with the provisions, with the Government enjoying an ex-press exclu­­sion from any wrongdoing. We believe that this reflects serious doubts as to whether the Government is committed to pursuing and advancing the rights of persons with disabilities.

At the moment, disabled individuals have no recourse to legal remedies if they face discrimination in areas such as public transport, housing, education, employment and health care.

Currently, there are other laws that address the needs of persons with disabilities. One example is the Uniform Building By-Laws 1984, which stipulate that all public buildings must have adequate facilities to ensure that persons with disabilities can enter, move around within and exit such buildings.

These by-laws have been gazetted in all 11 states in Peninsular Malay-sia, but compliance with such by-laws remains to be seen in most buildings.

In complying with the laws and undertakings and obligations under international treaties, needless to say there will be the element of cost in having to redesign public areas and buildings. The Convention therefore calls for a “progressive realisation” of most of its provisions.

The Government should spare no expenses in dismantling, without delay, all obstacles that would hinder the full and effective participation of disabled persons in society on an equal basis with others.

The Government should also immediately ratify the Convention, and take measures to implement its obligations under these instruments.

There is also the need for all authorities to take a proactive stance in improving and enforcing the existing laws pertaining to the rights of disabled persons, with the goal of ensuring full inclusion and equal opportunity for them.

Only then can Malaysia be said to have taken the next step to promote respect for the inherent dignity of persons with disabilities in its move from a charity-based approach to a rights-based approach, in accordance with Act 685.

> The writer is a member of the National Young Lawyers Committee of the Malaysian Bar Council. Putik Lada, or pepper buds in Malay, captures the spirit and intention of this column – a platform for young lawyers to articulate their views and aspirations about the law, justice and a civil society. For more information about the young lawyers, please visit www.malaysianbar.org.my/nylc.