Ochrana lidských práv osob se zdravotním postižením

The disabled represent the world’s largest “minority” which includes more than 500 million people. From the point of view of the causes of disability, there is a clear distinction between industrial or developed countries, where degenerative changes connected with old age rank among the top causes, and the so-called third world countries, where the main reasons for disability are disease, malnutrition and armed conflicts. The approach of the society towards disabled people must be based on the principle of equal opportunities, and it must enable them to equally exercise their human rights. All countries that have ratified the International treaty on economic, social and cultural rights have thus accepted an obligation to exercise rights formulated in it without any discrimination. As far as the right to work and to satisfactory working conditions are concerned, disabled people are not discriminated against by legal rules in an overwhelming majority of signatory countries, and their effort to join the open labour market is supported. In reality, however, the legal rules are not always consistently observed, and so in many cases the aims of the legislation are not fully achieved. In order to maintain the present level of employment of the disabled, or to increase it, measures have been taken with the aim to either economically stimulate the employers or to prescribe mandatory rates of handicapped employees. Or, and in the most frequent case, economic and administrative factors work together. In fact, in all signatory countries the respective legal rules provide for more intensive protection of disabled people in employment. These provisions of so-called positive discrimination appear mainly in the creation of employment (making a labour contract) and its termination on the part of employer. Particular attention is also paid to the implementation of the right to education of the handicapped. In most countries, integrated education with the non-disabled coevals is preferred, only where it is in the interest of the handicapped, special types of schools are considered. Social integration of the disabled is closely connected with the principle of equal opportunities, and it means, among other things, the creation of all conditions (including legislative) for ensuring equal opportunity for every individual from his/her birth. If s/he is disadvantaged in some respect, s/he should be provided with help to minimize the handicap. If the handicap is of such a kind that assistance will be needed indefinitely, there must be a guarantee of indefinite help. Varying alternatives of help should exist, and the disabled person or his/her family should be able to choose from them, as well as the possibility of adjusting certain programmes to the specific needs of people and their compatibility. The standard of a society can be assessed according to the care it provides to its weakest and most vulnerable members. The approach to the disabled, and the achieved results, can serve as the criteria of the standard.