By: Shafry Zuhair Arifin
Not all humans are created with perfect physical or mental condition. There are some people who have flaws, such as being unable to hear, unable to speak, mental retardation, etc. Some are born perfect, but because of certain events such as natural disasters and accidents, they have physical or mental shortcomings. These shortcomings cause a person to have limitations in living life, both personally and in social life. This makes some of them become timid or inferior in social interaction. Especially if they are called persons with disabilities, they become less confident. For this reason, the use of the term persons with disabilities for people who have physical or mental disabilities has begun to be left behind. Now, people more often use the term diffable or disability.
Humans are not only limited to being human, but there must also be an improvement in being human. Humans have principles, values, and sense of humanity inherent in each of them. Humans have a mind that can bring up a sense or humanity. Humanity is what drives good behavior as a human being. Humanizing human means human behavior to always respect and respect human dignity and degree. Humanizing humans is not oppressing others, not rebuking, not being rude, not hurting, and other behaviors. Therefore, in the concept of citizenship, term of human rights arises. Human rights are indeed declared unfair here if the rights of persons with disabilities are equalized with other normal people. Therefore, the State has made separate rights for persons with disabilities, which is included in Law No. 8 Year 2016 on Persons with Disabilities.
The law explains the understanding of persons with disabilities, that is, anyone who experiences physical, intellectual, mental, and/or sensory limitations for a long period of time who in interacting with the surroundings can experience obstacles and difficulties to participate fully and effectively with other citizens of the country based on equal rights. In addition, in the law there is also a classification of persons with disabilities that are divided into four, namely:
- People with physical disabilities;
- Persons with intellectual disabilities;
- Persons with mental disabilities; and/or
- Persons with disabilities
Article 3 of this Law states that every person with a disability receives the fulfillment of rights aiming at:
- realizing full and equal respect, promotion, protection and fulfillment of human rights and basic freedoms of persons with disabilities;
- guaranteeing efforts to respect, promote, protect and fulfill the rights as dignity inherent in persons with disabilities;
- realizing the living standard of persons with disabilities that are more qualified, fair, physically and physically prosperous, independent, and dignified;
- protecting persons with disabilities from neglect and exploitation, harassment and all discriminatory acts, as well as human rights violations; and
- ensuring the implementation of efforts to respect, promote, protect and fulfill the rights of persons with disabilities to develop themselves and to utilize all abilities in accordance with their talents and interests to enjoy, participate and contribute optimally, safely, freely and with dignity in all aspects of national, state and social life.
From these points it can be concluded that the state recognizes there are persons with disabilities who are entitled to receive the rights of persons with disabilities fully and can be carried out thoroughly together with the community in general. In addition, the community in general must also understand the rights granted to persons with disabilities.
The state recognizes the existence of persons with disabilities means the state recognizes the existence of rights for those described in article 5 of Law No. 8 Year 2016 concerning Persons with Disabilities, namely:
- Free from stigma
- Justice and legal protection
- Employment, entrepreneurship, and co-operative
- Culture and tourism
- Social welfare
- Public services
- Protection from disasters
- Habilitation and rehabilitation
- Data Collection
- Live independently and be involved in the community
- Expressing, communicating, and obtaining information
- Change of place and citizenship
- Free from acts of discrimination, neglect and torture
From some of these rights there are rights which cannot be utilized by persons with disabilities, as for example in the number 6. Employment, entrepreneurship, and co-operative. Persons with disabilities sometimes do not get the job that ordinary people get, especially in formal sector jobs which majority only open to ordinary people. That way, the rights for persons with disabilities can be classified as less facilitated.
In addition, for entrepreneurial rights there are sometimes violations of rights. For example, when a person with a disability wants to loan capital from a financial institution, sometimes they do not get what they want because they are deemed not to have good prospects for progress. That way, there is a stigma of doubt that is given to them and of course violates the right to be free from stigma.
Other disability rights issues can be seen in various fields of life. A simple example is in the disability path that is found in pedestrians in various places. The problem is sometimes the creation of this path is only perfunctory, which means that this important pathway exists and is not intended for proper functioning. In addition, this disability path is also not friendly for persons with disabilities. For example, this pathway has barriers such as electricity poles and other traffic signs. That way, blind users will not know if this path turns out to have a barrier. With some of these problems, it can be interpreted that the government does not pay attention to the rights of persons with disabilities and it is hoped that in the future, the government can improve these current rights of persons with disabilities that can not be utilized.
This essay was written by Shafry Zuhair Arifin for an essay writing competition organized by Program Peduli. The views of the writer do not reflect the views of Program Peduli.