The National Assembly adopted the United Nations Convention on the Rights of Persons with Disabilities a few weeks ago. The convention was ratified after almost a decade with four reservations. During the meet the press session yesterday, the Prime Minister clarified why the Government had reservations regarding four sub-clauses in the convention. He said it was against the constitution and other laws in the country.
The convention was adopted with four reservations on Articles regarding liberty of movement and nationality, respect for home and family, work and employment, and participation in political and public life. The Prime Minister shared that they had reservations due to certain legal provisions.
According to Prime Minister Dr Lotay Tshering, Article 23 of the convention states that persons with disabilities, including children must have the right to fertility. He added that in the convention, children are considered those who are below the age of 16 whereas the country law says those under the age of 18 are considered children.
“For example, in Article 23 there are some reservations. The reservation is not on the whole clause. The whole clause gives every person with a disability the same right as anybody else. He or she can marry, can have any number of children, choose to marry or not to marry or adopt. It mentions that they are allowed to choose any of it.”
The Prime Minister further added that the government had reservations regarding Article 29 on participation in political and public life.
“Everyone will have the right to vote irrespective of one’s disability. Except in subclause 29 (a) ii, we have put a reservation there, where one says one should be unconditional, all persons with disabilities should be allowed to vote and choose for public space lives. And ECB Act clearly states that ECB will decide who or not to give voting rights if that person has a mental disorder. If the person is not capable of deciding on their own, the ECB will not allow them to vote.”
The government also had reservations regarding two clauses in Article 18 of the convention, which talks about right to nationality immediately after birth and right to change nationality.
According to the prime minister, the right to nationality is decided by the Parliament as per the Constitution and just because someone is born disabled cannot be guaranteed nationality.
The government also said that it will not be bound by a clause in Article 27 of the convention, which gives persons with disabilities rights to exercise labour and trade union. The Prime Minister said Bhutan does not allow trade and labour union by law.
Bhutan signed the convention with around 190 other countries during the 65th UN General Assembly in 2010.
Devika Pradhan
