Thanks to Down's Syndrome Association of Nepal for providing this information.

The current situation

People with Down syndrome are not yet recognised by the government of Nepal.

They can cast votes in elections but can not exercise any other legal rights.

The legal system allows a substituted legal guardian to make any legal decision on behalf of the person with Down syndrome.

There is no other system that works for or supports people with Down Syndrome.

People in Nepal do not understand the term 'Down syndrome'. Whenever people with Down syndrome apply for a job they are not considered capable as a candidate.

There are reserved seats for people with disabilities in public transport, but no one is ready to give up their seat.

Mainstream schools do not accept children with Down syndrome.

Parents of typical children are not ready to accept a child with Down syndrome as a friend of their own child.


What needs to change?

The Down Syndrome Association of Nepal tried hard to put a separate category in the new policy of the amending constitution of Nepal in the past few years. But our voice was not heard.

People with Down syndrome were kept together in the same category as people with physical disabilities.

We would like the government to recognise the term 'Down syndrome', and understand the challenges that people with Down syndrome experience.

If only they would form a category and support it, this would help people with Down syndrome to lead a normal and comfortable life as others.


What the Committee on the Rights of Persons with Disabilities report says.

Taken from the Concluding observations report, 2018:

Concerns.

  • The Committee is concerned that no changes have been made to legal provisions in order to replace substituted decision-making with a supported decision-making approach that respects the autonomy, will, and preferences of persons with disabilities, in full conformity with article 12 of the Convention and the Committee’s general comment No. 1 (2014) on equal recognition before the law.
  • The Committee is particularly concerned that, while efforts are being made to implement supported decision-making, substituted decision-making is still used in the State party.
  • The Committee is also concerned about reports that persons with intellectual or psychosocial disabilities are sometimes dismissed from governmental, judicial, institutional, or private enterprises, and their equal recognition before the law is thus denied, contrary to the provisions of article 12 of the Convention

Recommendations.

  • The Committee recommends that the State party revise its legislation in order to recognize the full legal capacity of all persons with disabilities, notwithstanding their impairment, on an equal basis with others, and introduce supported decision-making mechanisms, in line with the Committee’s general comment No. 1.
  • It also recommends that the State party provide training, in consultation and cooperation with persons with disabilities and their representative organizations, at the national, regional, and local levels for all actors, including civil servants, judges, and social workers, on the recognition of the legal capacity of persons with disabilities and on the principles of supported decision-making.

Take action.

Contact Down's Syndrome Association of Nepal to support this campaign in your country.