Human Rights Violation of Mentally Challenged

  • Ritu Ranjan Chanakya National law University, Patna

Abstract

Human Rights is based on equality and non-discrimination approach. It recognizes the fact that each individual is of equal worth and have equal dignity and rights. In article 1 of Universal Declaration of Human Rights (UDHR) it has been clearly explained that 'All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.'


It is quite clear that all human beings are equal in rights and dignity whether they are able or disabled, but persons with disabilities suffering discrimination in their daily life and moreover person suffering from intellectual disability are considered as subhuman.


Discrimination against person suffering from intellectual disability is not from today but since past history they were facing discrimination. They were considered as sub-human, a curse on the family and on the society, so their all rights are seized from them. Mostly they were kept in prison- like situation, clowns in courtyards for entertainment, and in some cases they were abandoned or killed by their own family members. In the world, according to many religions being mentally challenged is considered as the sin of their past life and in some religion they facilitate with charitable approach rather than right based approach. Even philosophers like Pluto and Aristotle’s thoughts were against them.


In today’s modern society also they stand last in the queue of right holders. At the time of making charter and UDHR of United Nations their rights had been ignored by the framers. There are many soft laws instruments for the protections of human rights of persons with disabilities in which persons suffering from intellectual disability have been ignored. In 2006 UNO passed its first legal instruments Convention on the Rights of Persons with Disabilities (CRPD) in which human rights of mentally challenged has been ignored because their needs are different for persons suffering from any other kind of disabilities.

Author Biography

Ritu Ranjan, Chanakya National law University, Patna

Dr. Ritu Ranjan

Research Scholar

Chanakya National Law University

Published
2018-05-19
How to Cite
RANJAN, Ritu. Human Rights Violation of Mentally Challenged. Journal of Human Rights Law and Practice, [S.l.], v. 1, n. 1, p. 18-24, may 2018. Available at: <http://lawjournals.stmjournals.in/index.php/jhrlp/article/view/30>. Date accessed: 22 apr. 2019.