The term “human rights” is frequently invoked in order to define the rights possessed by all human beings, regardless of their nationality, gender, ethnicity, color, religion or sexuality. Human rights are often specifically addressed and guaranteed by laws and treaties, and existing international human-rights laws lay down obligations for governments to act in certain ways or refrain from carrying out certain acts, in order to promote and protect the human rights and fundamental freedoms of individuals or groups.[1]
 
All of us are equally entitled to enjoy our human rights, free from discrimination, and this includes persons with disabilities. Among various international human-rights treaties, perhaps the most relevant in this respect is the United Nations Convention on the Rights of Persons with Disabilities (“Convention”). Indonesiais a party to this Convention,[2] and has incorporated it into its national legal system through the enactment of Law No. 19 of 2011 on the Ratification of the Convention on the Rights of Persons with Disabilities (“2011 Law”).
 
By ratifying this Convention, Indonesia is compelled to fulfill its international obligations as regards persons with disabilities, and this is especially pertinent given the fact that there are an estimated 6 million people currently living with disabilities in Indonesia.[3] Prior to ratifying of the Convention though, Indonesia was already attempting to implement a regulatory framework relating to persons with disabilities, specifically Law  No. 4 of 1997 (“1997 Law”), whichcovers both the rights and duties of disabled persons. Unfortunately however, the 1997 Law came in for a much criticism from the country’s disabled community, as it was seen as not going nearly far enough in order to reduce the discrimination that persons with disabilitiesso often encounter in this country.[4] The government was thus urged to replace the obsolete 1997 Law with the provisions set under the Convention.
 
On 17 March 2016, the House of Representatives finally passed the Bill on Persons with Disabilities (“Bill”). The Bill aims to protect the rights of persons with disabilitiesand ensure that they can enjoy equal opportunities. As this week’s Indonesian Law Digest (ILD) went to press, the Bill was still awaiting the President’s signature in order to become law. However, even if the President does not ultimately sign the Bill, then it will automatically come into force within 30 days of being passed by the House.[5]
 
This week’s ILD will analyze and discuss issues relating to the protection and realization of the rights of persons with disabilities, as they are set out under the Bill. Our analysis will confine itself to the following topics: