According to Autism Resource Centre, 345,600 people are estimated to be living with autism in the Pakistan. However, the condition is thought to be severely underreported hence the actual figure is thought to be considerably higher.
Autistic individuals, both children and adults, may have mild to severe disability. Early intervention and treatment have been proven to reduce these difficulties but such services are almost absent in Pakistan. Even high-functioning individuals suffer irritability and hyperactivity and difficulty in scoring a job.
On the one hand, autistic individuals face difficulty in communication and social interaction, while on the other, we are unable to see past these differences. Both these issues prevent autistic people from getting and keeping a job.
We need a legislative framework designed to adequately safeguard the rights of the autistic community with the help of stakeholders, concerned authorities, institutions and NGO’s and to implement sound and effective policy reforms to make the autistic community more inclusive of the wider society.
The UN Convention
The UN Convention on the Rights of Persons with Disabilities is the very first international treaty dedicated to people with disabilities. This Convention was adopted on 13 December 2006 and opened for signature on 30 March 2007. The United Nations Declaration on The Rights of Mentally Retarded Persons (1971) and the Rights of Handicapped Persons (1975) and other relevant declarations of UN have certain provisions which are also directly related and considered in particular, for people with autism.
Federal laws that may cater to autistic people include The Disabled Persons Employment and Rehabilitation Ordinance 1981 and the Mental Health Ordinance 2001. Provincial legislations regarding this issue consist of the Sindh Mental Health Act 2013, the Sindh Differently Able Persons (Employment, Rehabilitation and Welfare) Act 2014, the Punjab Disabled Persons Employment and Rehabilitation Act Punjab Mental Health Ordinance. Khyber Pakhtunkhwa lacks any legislation regarding disabled people, however, the KP Child Protection and Welfare Act 2010 includes a child with disabilities as a child at risk in Section 2 (e) (i).
Pakistan ratified the UN Convention on the Rights of Persons with Disabilities in 2011, but no action or plans are formulated to implement it, which gives the impression that the government is indifferent in follow-up measures, and this attitude is the main factor in the denial of the benefits of the international human rights system to the disability community of Pakistan.
The government of Pakistan should immediately proclaim the Charter for Persons with Autism and should recommend the followings:
- a) People with autism should share the same right and privileges enjoyed by the entire citizen of Pakistan where such are appropriate and in the best interests of a person with autism like basic rights; right to education, right to employment, etc. These rights should be enhanced, protected, and enforced by appropriate legislation in each province and at the federal level.
- b) In order to ensure that the very basic rights such as that to life and liberty of autistic individuals are protected certain measures should be taken at both a federal and provincial level. Research and Development for the benefit of Autistic people need to be undertaken and the public awareness needs to be raised in order to sensitise the people towards this disability. This can best be done by implementing stricter laws against discrimination.
- c) The current Disabled Persons Employment and Rehabilitation Ordinance 1981, contains a 2pc quota for the employment of the disabled persons. Specific focus should be given to those with autism, and ensure that persons with this special need are given the appropriate work environment, job protection and all associated measures. Further help and assistance need to be given to those autistic people who chose to be self-employed.
- d) Laws should be revised and reformed including those of inheritance, marriage, ownership of property, divorce without exploitation or coercion, etc. or new legislations need to be enacted in order to address the different situations arising in such scenarios when it comes to Autistic people.
The federal government should also provide the following Rights in the (Charter of Person with autism):
1) To live independent and full lives to the limit of their potential;
2) To an accessible, unbiased and accurate clinical diagnosis and assessment;
3) To accessible and appropriate education and their representatives should be involved in all decisions affecting their future; the wishes of the individual must be, as far as possible, ascertained and respected;
4) To accessible and suitable housing;
5) To the equipment, assistance and support services necessary to live a fully productive life with dignity and independence;
6) To an income or wage sufficient to provide adequate food, clothing, accommodation and other necessities of life, a special endowment fund can be set up for this purpose;
7) To participate, as far as possible, in the development and management of services provided for their well-being;
8) To appropriate counselling and care for their physical, mental and spiritual health; this include the provision of appropriate treatment and medication administered in the best interest of the individual with all protective measures taken, MOUs can be signed with other health organisations in developed countries;
9) To meaningful employment and vocational training without discrimination or stereotype; training and employment should have regard to the ability and choice of individual;
10) To accessible transport and freedom of movement;
11) To participate in and benefit from culture, entertainment, recreation and sport; special sports tournaments/cultural events/festivals at schools, provincial and national level should be arranged under concerned sports associations and ministries on quarterly, annually basis; and participate in special Olympic and international tournaments;
12) To have equal access to and use of all facilities, service and activities in the community;
13) To provide legal representation and assistance and to the full protection of all legal rights;
14) To freedom from fear or threat of unwarranted incarceration in psychiatric hospital or any other restrictive institution;
15) To freedom from abusive physical treatment or neglect;
16) To freedom from pharmacological abuse or misuse;
17) To have the right to information contained in their personal, medical, psychological and educational records.
18) To provide facilities of scholarships, fellowship programmes for higher study abroad, students teacher exchange programmes can be arranged in collaboration with other countries;
