According to the United Nations, the Convention on the Rights of Persons with Disabilities (CPRD) is not just a document for persons with special needs; its principles and provisions benefit the whole of humanity because they strengthen our responses against exclusion and segregation and, like the Sustainable Development Goals, insist that no one should be left behind.[1] According to the 2020 Omani census, the Omani population in Oman reached 2,731,456 people, 1.55% of whom have some sort of disability.[2]
The Convention does not provide a definition of disability, but instead offers a broad description intended to be more inclusive. Article 1 of the Convention establishes that “persons with disabilities” includes “those who have long-term physical, mental, intellectual or sensory impairments that may hinder their full and effective participation in society on an equal basis with others”.[3],[4]
The CRPD seeks to “ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity”.[5] It defines the rights of persons with disabilities by setting out a wide range of rights that address all aspects of life, as follows:[6]
The right to education: Education is a social determinant of health, and lower levels of education are associated with poorer health outcomes including illness, malnutrition and higher rates of infant mortality. It is important to consider the right of persons with disabilities to access quality education as one of the mechanisms for protecting them from various illnesses and abuse. In Oman (40.5%) of persons with disabilities aged 10 years and above do not hold any educational qualification. Among persons with disabilities aged 6 years and above, only 16.1% of them are currently enrolled in education, which leaves the largest percentage of people with disabilities without access to basic education.[7]
The right to work and employment: The right to work and employment is also a social determinant of health. Persons with disabilities have low participation in the labour market and, when employed, are frequently employed in low-paying positions. It is not surprising that, as a result, persons with disabilities are disproportionately poor and socially marginalized. Work is a means to gain a living as well as participate in one’s community. The obstacles facing persons with disabilities include discrimination and stigma, lack of accommodation, lack of accessible transport, and denial of education and/or vocational training. In Oman (7.23%) of persons with disabilities have a physical disability. And (65%) of those aged 15 years and over are not employed, and (35%) of persons with disability work without pay.[8]
The right to health: The CRPD requires states to take all appropriate measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation. Persons with disabilities are at serious risk of delayed diagnoses, secondary co-morbidities, persistent abuse, depleted social capital, and isolation.
The form or content of information can serve as a barrier to accessing information for many persons with disabilities. For example, presenting information in Braille and sign language are forms of communication that make information accessible to individuals who otherwise may experience barriers. Similarly, using easy-to-read language or pictures and cartoons are different methods of ensuring the right of access to information.
Article 25 of the CRPD requires states to ensure that health professionals provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent.
The right to live in the community: The right to community living includes participation in cultural life, recreation, leisure and sport, the right to life, and an appropriate physical environment. This is covered by Article 19 of the CRPD with regard to the right of persons with disabilities to live independently and to be included in the community. Failure to adapt the physical environment to be inclusive of persons with disabilities restricts their participation and access to services within the community, denies them the right to make choices, and isolates individuals from the community.
Sexual and reproductive rights: Article 25 of the Convention stipulates that states must provide persons with disabilities the same sexual and reproductive health care and programmes as provided to other persons. Sexual and reproductive rights must be guaranteed for persons with disabilities, yet persons with disabilities often experience gross violations of their rights and cannot access sexual and reproductive services. In Oman (48%) of persons with disabilities aged 15 years and over have never been married, and the majority of those married are males.[9]
The right to equal protection and equal benefit of the law: This includes the right to freedom from torture or inhuman or degrading treatment. Persons with disabilities are vulnerable to violence, abuse and exploitation, and are susceptible to violations within their homes and by family members, caregivers and community members. Persons with disabilities experience higher rates of corporal punishment in schools and are also vulnerable to sexual violence, sexual abuse and sexual exploitation. They are up to three times more likely than non-disabled people to face physical and sexual abuse and rape.
Oman signed the Convention on the Rights of Persons with Disabilities on 17 March 2008 and ratified it in 2009. However, it has refrained from signing the Optional Protocol to the CRPD, a side agreement to the Convention allowing parties to recognise the competence of the Committee on the Rights of Persons with Disabilities to consider complaints from individuals. This weakens any claim that Oman is committed to ensuring the full rights of persons with disabilities, since it refuses to accept accountability or oversight.[10]
Similarly, government websites and online platforms such as the education portal offer no special formats for persons with disabilities to access information, such as audio translations for the blind. This restricts disabled people’s freedom to access basic information and deal with essential matters, and denies them the right to independence. Remarkably, (34%) of persons with disabilities in Oman have a hearing disability.[11]
While the government waives recruitment fees for domestic workers and chauffeurs for people with disabilities, it does so only for those on incomes of less than 350 riyals, and provides no further support with paying the monthly costs of hiring these workers. This leaves the majority of people with disabilities unable to sustain the cost of getting professional help, which is vital for many individuals.
Although the lack of public transport is a general problem in Oman, affecting various segments of society, it is people with disabilities who are most inconvenienced not only by the paucity of public transport but also the fact that it is not equipped to accommodate them, thus affecting their right to freedom of movement and their right to live in the community on an equal basis with others.
The government must act to increase awareness, understanding and recognition of disability as a human rights issue as laid down in the Convention on the Rights of Persons with Disabilities.
[1] OHCHR: About the human rights of persons with disabilities. https://www.ohchr.org/en/disabilities/about-human-rights-persons-disabilities
[2] National Centre for Statistics and Information, Oman, 2021bar_People with disability 2020_90a21c50-b3e3-4989-a60e-0654258124e2.pdf (ncsi.gov.om)
[3] Health and Human Rights Resource Guide. https://www.hhrguide.org/2014/03/21/disability-and-human-rights/
[4] OHCHR: Convention on the Rights of Persons with Disabilities. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities
[5] Ibid.
[6] Health and Human Rights Resource Guide. https://www.hhrguide.org/2014/03/21/disability-and-human-rights/
[7]National Centre for Statistics and Information, Oman, 2021bar_People with disability 2020_90a21c50-b3e3-4989-a60e-0654258124e2.pdf (ncsi.gov.om)
[8] Ibid
[9] Ibid
[10] Disabled World: CRPD List of Countries by Signature, Confirmation, Accession, Ratification.
https://www.disabled-world.com/disability/discrimination/crpd-milestone.php#table2
[11] National Centre for Statistics and Information, Oman, 2021bar_People with disability 2020_90a21c50-b3e3-4989-a60e-0654258124e2.pdf (ncsi.gov.om)
