Research: Implementing the Convention on Rights of Persons with Disabilities in Jordan: Investigating the Abandonment of Disability Rights
Introduction: Jordan and Disability Rights:
Individuals with disabilities are disproportionality disadvantaged than the average human.[1] With daily obstacles and barriers hindering their participation in society, countries like America, have laws to protect persons with disabilities (PWD), but the reality is that this assurance and protection is not given to PWD globally, especially in the Arab state, Jordan. In the summer of 2019, Bassel Dib, a man with down syndrome, was dismissed from an internationally recognized gym chain, Golds Gym, in Amman, Jordan.[2] He was kicked out due to the owner not wanting someone with a visible disability to ruin the prestige of the gym. The owner, Adnan Abu Rukbeh, is a well-known member of parliament who was able to get away with discriminating towards PWD multiple times because of his power and connections within the Jordanian government. Due to the non-existent balance of power, individuals with strong connections in the Jordanian government or with parliament positions can get away with discriminating against PWD. The injustice faced by PWD has become the normalized reality of their lives. Disability rights in Jordan have continued to be neglected and not given the proper attention due to cultural and social concepts and beliefs. With having both disability rights laws, signing and ratifying the Convention on Rights of Persons with Disabilities (CRPD), PWD continue to face problems regarding their protection and rights in Jordan.
This paper aims to answer and explain three main ideas r[DD1] egarding disability rights in Jordan. First, the laws and conventions that have been ratified and put into place within the state were identified and explained. Next, the implementations of these documents were assessed by using internal and external factors within the Jordanian government and surrounding communities to see the impact of the laws and whether they were harming or protecting PWD. In addition, to analyze the implementation of these laws, social and cultural concepts and beliefs were taken into consideration. Lastly, to conclude, policy recommendations will be developed to ensure the protection of the rights and laws for PWD. This will be done through an extensive review of literature, statistics from completed projects, analyzing completed evidence-based field surveys, and other cited documented materials.
Laws Protecting Persons with Disabilities:
The lack of protection for PWD in Jordan comes as a surprise with Jordan being the first country in the middle east to enact any laws, or documents protecting PWD. They were the first Arab state to ratify and sign the CRPD, and the first to have their own laws protecting PWD. Since then, the state has received a large amount of praise through the international community about their eagerness and willingness to protect PWD. But what exactly are these documents and laws ratified? [DD2]
Convention on Rights of Persons with Disabilities (CRPD):
The CRPD, adopted on December 13, 2006, is intended as an instrument to protect the human rights of PWD. This convention was the summed work of decades by the United Nations (UN) to no longer view PWD “as objects of charity, medical treatment, and social protection,” rather it enforces the fact that PWD are “subjects with rights, who are capable of claiming those rights and making decisions for their lives based on their free and informed consent as well as being active members of society.”[3] The CRPD sets out what human rights are regarding disability. It reaffirms that PWD, no matter where they are from or what type of disability they have, must be able to access and enjoy all human rights and fundamental freedoms.
Jordan ratified the CRPD on March 31, 2008, one day after the convention was open to signatures. This action was a momentous day for human rights and PWD in Jordan as they were the first Arab state to ratify any document protecting the rights of PWD. With signing this convention, Jordan is required to take into “account the protection and promotion of the human rights of PWD in all policies and programs.”[4] These steps include things such as developing and adopting the National Strategy for the Affairs of Persons with Disabilities and monitoring the implementation of the Strategy through establishing the Higher Council for the Affairs of PWD.[5]
Disability Rights Law in Jordan:
Jordan has enacted and written several laws and placed different groups to monitor and ensure the protection of PWD.[6] Beginning in 1989, Jordan passed a Provisional Act for the Welfare of Disabled People. It came into existence in 1993 and was later replaced by the Disabled Individuals Rights Act. In 2005, the FDR[DD3] International Disability Award was awarded to Jordan. In the two years following, King Abdullah II began announcing new strategies for PWD, focusing on health, awareness, and employment. In 2008, Jordan became the first Arab state to ratify the CRPD. They also established the Higher Council for PWD as an independent national institution in developing and planning policy. In 2016, the Higher Council for PWD drafted a new law after conducting a legislative review of the Disabled People Rights Law. In 2017, the new law on the Rights of PWD was endorsed.[7] The support for evolvement in disability rights is there through many sectors of the country, but many problems continue to occur.
For this paper, the focus will be on the most recent Jordanian law, Law No. (20) for the year 2017; Law on the Rights of Persons with Disabilities Act.[8] This law defines PWD as a person “who has a long-term physical, sensory, intellectual, mental, psychological or neurological impairment” that results in physical and behavioral barriers that hinder performances in activities. This law is almost identical to the CRPD, which requires a council to be established, establishing the National Strategy for the Affairs of PWD, and monitoring the implementation and protection through the council. This law, in writing, protects PWD from discrimination and ensures that they have access to fundamental human rights and freedom.
Implementation of Disability Laws in Jordan:
Jordan is known to have a “genuine political will” to increase disability awareness and improve data quality on disability.[9] The state has been recognized for its willingness to implement and address disability issues. In 2005, the FDR International Disability Award was awarded to Jordan for their work and action to create the proper environment to protect PWD.[10] [DD4] One of the reasons Jordan has been able to excel and be recognized on an international level for their support and protection in rights for PWD is due to the Hashemite Royal Family. Jordan’s monarchy has continued to express its support and willingness to commit and protect humanitarian goals. Prince Hassan of the royal family held strong beliefs that social development is the only thing that makes economic growth valuable.[11] There are many support systems stemming from the country’s own monarchy, political individuals, and organizations around Jordan. With the support and willingness to protect PWD, the question of implementation and the current situation of protection for PWD is still left unanswered.
The current implementation of rights and laws protecting PWD in Jordan exists on paper, but it is non-existent. Through research, it has been found that implementation problems do not stem from the laws and conventions enacted, rather the different barriers that are hindering implementation take most of the blame. Aside from physical barriers, there are social and cultural barriers that hinder PWD more as well as the unfair advantages given to individuals with power.
Social and Cultural Impacts:
Many negative stigmas and myths that surround individuals with disability that have hindered them in receiving equal opportunities, protection, and rights.[12] In an Arab household, having a family member with a disability is traditionally viewed as something shameful. There are misconceptions and false beliefs that a disabled child will lower the social standings of families in Arab neighborhoods which has enabled many disabled children to be locked into their homes and hidden from society.[13] These actions limit the amount of learning, experiences, and social development for PWD. Most importantly, it normalizes the myth that disabled children are individuals who should be shamed and not recognized as human beings.
An Evidence-Based Field Survey was conducted by Kozue Kay Nagata in Jordan and Lebanon that investigated the current models of disability and development in Jordan.[14] The study randomly selected 191 non-disabled persons in Jordan and presented them with a survey assessing their responses using a scale of attitudes towards disabled persons. The respondents to the survey showed an overall negative attitude towards disabled persons. In addition to the field study conducted, Nagata also collected testimonies from PWD in Jordan. One of the individuals noted how Arab societies often treat and view PWD as a negligible quantity, something to be seen as shameful and not wanted in society. The individual was asked how to eliminate the negative social attitudes and how their rights can properly be implemented. The response is to “promote and protect the human rights and civil rights of disabled citizens.”[15]
Nagata’s study highlighted the idea that the strongest tool for implementation in Jordan is for everyone, no matter disabled or not, to be educated and taught the correct information instead of believing the incorrect historic myths. In addition, due to the negative views directed towards PWD, any potential economic contribution is not given as an option to any individual with a disability, whether intellectual or physical.[16] Because PWD are viewed as something shameful and hidden from society, they are not able to go out and prove to the world that they can carry jobs. There is an urgent need for the change in attitudes and beliefs directed towards individuals with disabilities. Too often, PWD are not given the same opportunities, looked down upon, and kicked out of facilities.[DD5]
Unfair Advantages: [DD6]
In addition to the social and cultural barriers, unfair advantages are seen through the use of wasta and governmental power which has had a strong negative impact on implementation. “Wasta” means the middle and is used to achieve what is considered unattainable by a person, it has been particularly seen in government benefits.[17] Abuse of power is a big problem within Jordan. As pointed out by Teodor Mladenov, individuals in countries that hold more power are likely to bend or alter the interpretation of laws to fit in accordance with their position.[18] This is done through an action called wasta, meaning connections. In Jordan, wasta has been an institutional part of the society and is used daily by many individuals. The use of wasta is predominantly seen in political and business settings to receive benefits from the government and to get policies in favor of one’s company. In the study done on wasta in Jordan by Loewe et al., the impacts were explained through direct interactions cited by parliament members.[19] The member stated, "It is true that some investors have excellent relations with the government and can exert influence on political decisions. It is even true that a law has changed for the benefit of a single investor."[20] In Jordan, wasta is relied on more than legal rights, which has caused unfair advantages, abuse of power, and many disability rights violations to go unnoticed.
The effects of wasta and abuse of power can be pointed out from the previous story presented in the beginning. [DD7] The owner of Golds Gym, Adnan Abu Rukbeh, was able to get away with discriminating against multiple PWD due to his power within the government as a member of parliament. He was able to use his wasta to ensure that no legal action would be taken, resulting in no justice received. These actions happen too often that it has now become the reality. Many additional unfair advantages have been created for PWD, especially if they come from a family with low socio-economic status and do not have any access to wasta.
Policy Recommendations:
To design an appropriate policy and legislation on disability and development, the baseline of the current level of social attitudes needs to be established within a given society. Nagata presents a diagram that presents the rights model of disability from a development perspective. The figure lists out the different factors needed to be taken into consideration when designing the correct rights model of disability, specifically the rights model is based on an integration of three perspectives, as listed by Nagata in the figure: the social reforms such as social barriers, attitudes, accessibility, etc., the relative factors such as diversity and categories of disabled persons that classify the difference in their needs and priorities, and the universal factors that lists the relevance of the human rights-based approach to the experiences of PWD.[21]
The recommendations presented in this paper follow the Nagata’s diagram of the Rights Model of Disability. There is a need for transparency and accountability to limit and eliminate the affects of wasta and the abuse of power from governmental officials. In addition, the social and cultural barriers need to be eliminated. There is a need to remove the deep-rooted stigmas and stereotypes directed at persons with disabilities. This can be accomplished by normalizing the consideration of a disability perspective, as shown in the ESCWA Disability Framework, 115 indicators to Bridge the Gap between Policy and Statistics, it is explained how if a disability perspective is not used then there is a high probability that there will not be accessible resources for PWD such as accessible communities and cities and the proper legislation protecting them.[23] The issues faced by PWD are dramatically different than what is encountered by a non-disabled person. For instance, the ESCWA study provided an example regarding violence against women with disabilities and non-disabled women. The violence experienced by a PWD is completely different compared to someone who is non-disabled. The study explains how a disability perspective is imperative when assessing what PWD go through and the need to design policy specifically catered to the protection of PWD.[24] In addition, it has been found that western NGOs have had a substantial impact on the Disability culture in Jordan. Majid Turmusani pointed out in his paper, titled Some Cultural Representations of Disability in Jordan: Concept and Beliefs, that due to the intervention of Western organizations local values and attitudes have changed towards PWD.[25] This is due to outside involvement providing awareness and educating groups within the community. For example, care for PWD is traditionally known to be the responsibility of the family, but since the intervention of NGOs, the views have changed from seeing the responsibility shifting to the residential institutions or the state itself.[26]
Public awareness can also be increased when there are members from the disability community within government sectors and holding important jobs. This enables PWD to be exposed to the world and shown that they can hold jobs, take care of themselves, and follow tasks. It allows for acceptance and recognition, in a given society that must be established to assess the social barriers.
The implementation strategies follow as:
v Transparency and accountability
v Considering disability perspectives
v Public awareness
v Accessibility and recognition
v The use of reactive measures
v Alleviate discrimination
Conclusion:
In each country, the number of laws, conventions, ratifications, and policies put into place will not properly protect PWD, unless the correct rights model is established by taking into consideration all factors and social barriers. As shown in Jordan, the signing, and ratifications of the CRPD and the states laws on protecting disability rights are not enough when it comes to implementation. There are still major obstacles and problems that have yet to be fixed. Social and cultural barriers have been more impactful in hindering protection than the physical barriers. To ensure protection for PWD, a new rights model must be established within the state that considers all social attitudes and unfair advantages. A model that considers the pre-existing stigmas and myths and is designed to remove them. Additionally, in compliance with the CRPD, governments must develop and implement equitable policies and legislation that address areas such as research, development, production, availability, information, training, and international cooperation. It is very important to recognize that many individuals who have a form of disability are not given the same opportunity, or even an equal shot at being the greatest version of themselves. The purpose of this research is to ensure that no matter what background a PWD has, they should always have the opportunity to thrive in society, be accepted, and not discriminated against.
[1] United Nations. (2019, June 13). ESCWA disability framework: 115 indicators to bridge the gap between policy and Statistics. United Nations. Retrieved November 1, 2021, from https://digitallibrary.un.org/record/3880293?ln=en. [2] Montanari, J. (2019, September 2). Alleged discrimination against members with disabilities at Gym Sparks outrage. Jordan Times. Retrieved December 2, 2021, from https://jordantimes.com/news/local/alleged-discrimination-against-members-disabilities-gym-sparks-outrage. [3]UN General Assembly, Convention on the Rights of Persons with Disabilities : resolution / adopted by the General Assembly, 24 January 2007, A/RES/61/106, available at: https://www.refworld.org/docid/45f973632.html [accessed 2 December 2021][4] Hashemite Kingdom of Jordan by the Higher Council for the Affairs of Persons with Disabilities. (2009, June). Legislative Measure to Fulfill Jordan Obligations Under the Convention on the Rights of the Persons with Disabilities . Jordan Mission. Retrieved December 2, 2021, from http://www.un.org/disabilities/documents/COP/JORDAN%20200809.pdf[7] Thompson, S. (2018, August 3). The current situation of persons with disabilities in Jordan. Research Gate. Retrieved November 1, 2021, from https://www.researchgate.net/publication/343306541_The_current_situation_of_persons_with_disabilities_in_Jordan[10] Rutherford, K. R. (2014, November 14). Jordan and Disability Rights: A Pioneering Leader in the Arab World: Review of Disability Studies: An international journal. Review of Disability Studies: An International Journal. Retrieved November 1, 2021, from https://www.rdsjournal.org/index.php/journal/article/view/27[13] Turmusani, M. (2015). Some Cultural Representations of Disability in Jordan: Concepts and Beliefs. In B. Holzer, A. Vreede & G. Weigt (Ed.), Disability in Different Cultures: Reflections on Local Concepts (pp. 102-113). Bielefeld: transcript Verlag. https://doi.org/10.14361/9783839400401-00[14] Nagata, K. K. (2008, January). Disability and development: Is the rights model of Disability Valid in the Arab Region?. Research Gate. Retrieved October 31, 2021, from https://www.researchgate.net/publication/289100730_Disability_and_development_Is_the_rights_model_of_disability_valid_in_the_Arab_region_An_evidence-based_field_survey_in_Lebanon_and_Jordan. [17] Al-Ramahi, A. (1970, January 1). Wasta in Jordan: A distinct feature of (and benefit for) middle eastern society: Semantic scholar. Semantic Scholar . Retrieved October 31, 2021, from https://www.semanticscholar.org/paper/Wasta-in-Jordan%3A-A-Distinct-Feature-of-(and-Benefit-Al-Ramahi/8bc2abc4675b0bd5b1b5157430b97068f69e6afb. [18] Mladenov, T. (2013, January). The UN Convention on the Rights of Persons with Disabilities and its Interpretation. ScienceDirect. Retrieved October 31, 2021, from https://www.sciencedirect.com/science/article/pii/S1875067212001009.[19] Loewe, M., Blume, J., Schönleber, V., Seibert, S., Speer, J., & Voss, C. (2013, February 22). The impact of favouritism on the business climate: A study on Wasta in Jordan. SSRN. Retrieved October 31, 2021, from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2218821.