FULFILLMENT OF THE RIGHT OF PERSONS WITH DISABILITIES DURING THE

COVID-19 PANDEMIC PERIOD

Aisyah Ajeng Putri Riyanto 1)*, Stephanie Devty Sekar Anggitya 2),
Wa Ode Fithrah Az-zalia S. 3), Raditya Bayu Putra 4)
1) 2) 3) 4)
Faculty of Law, Universitas Muhammadiyah Yogyakarta, Indonesia
Students Number: 1) 20210610196, 2) 20210610220, 3) 20210610228, 4) 20210610261
*
Corresponding Author: [email protected]

ABSTRACT

Every population group is vulnerable to COVID-19 infection. This requires the government to
pay close attention to the people. The government is hard at work examining a variety of
potential responses to the pandemic's challenges. Then, the means by which the government
can ensure the fulfillment of the rights of persons with disabilities. They are a group of people
who are more likely to get infected with COVID-19 than other people. The purpose of this
paper is to determine how and what efforts government officials guarantee the fulfillment of
rights for persons with disabilities during the Covid-19 pandemic period. This paper uses
normative juridical methods and secondary data sources in the form of reports and journal
articles. The result and discussion of this paper present briefly what the needs of persons with
disabilities were during the COVID-19 period, what challenges persons with disabilities faced
during COVID-19, and what government efforts can be made to solve issues related to the
fulfillment of rights for persons with disabilities during COVID-19. In addition, the discussion
will include information about the Indonesian government's efforts to guarantee the fulfillment
of rights for persons with disabilities during COVID-19.

Keywords:

Persons With Disabilities; COVID-19; Government Officials

I. Introduction
A. Background

At the end of the month of December 2019, a virus that had not been discovered before
surfaced. On 11 February 2020, the World Health Organization (WHO) named the virus,
namely Coronavirus Disease-2019 (COVID-19). COVID-19 was initially identified in
Wuhan, China. It went on to produce a significant outbreak in a number of places inside
China, and it eventually expanded to other parts of the world, including Indonesia. As of
today, 24 June 2022, the number of cases of COVID-19 that have been reported around the

1
 world has reached 542 million cases, and the number of cases reported in Indonesia has
reached 6.07 million. All population categories are vulnerable to infection by COVID-19.
COVID-19 can influence babies, children, teenagers, old people, pregnant women, and even
persons with disabilities. On the other hand, the government must give greater attention to
children, old people, pregnant women, and persons with disabilities, as well as people who
are living on the streets and who are abandoned.
Persons who have disabilities or limited access are at an increased risk for infection
of COVID-19, and they also have an increased risk of passing the virus on to others. In
order to solve the issues of certain disabled persons group’s lack of access to information
that can be accessed, the government needs to take immediate action as quickly. Due to the
fact that persons with disabilities, in general, are restricted in ways that have an effect on
their life as a condition of COVID-19, the government in this situation needs to give special
attention to persons with disabilities in the context of resolving COVID-19. One population
that views themselves as potentially vulnerable to COVID-19 is the disabled population.
Because of this problem, both the government and social workers need to carry out the
responsibilities of COVID-19 for persons with disabilities.1
The disabled population, which encompasses individuals with a wide variety of
disabilities, is one of the groups of people who are more vulnerable to COVID-19 infection
than other types of people. The government has enacted policies targeted at preventing
COVID-19 and its effects, as well as those impacting persons with disabilities. Due to the
restrictions of the law, it is crucial that it be correctly implemented, as disabled individuals
require assistance to participate in activities.2
The pandemic caused by COVID-19 will have economic, health, social, and other effects
on persons with disabilities. The pandemic caused by COVID-19 will have economic,
health, social, and other effects on persons with disabilities. Persons with disabilities are a
group of community members whose restrictions may prevent them from fully participating
in social life and community activities. During its emergency response condition, it was
determined that COVID-19 had a negative impact on the quality of life for some populations
of persons with disabilities. Massage therapists, salespeople, artists, and service providers

1
Fara Dhania Aulia, Dessy Hasanah Siti Asiah, and Maulana Irfan. “Peran Pemerintah dalam Penanganan
Dampak Pandemi COVID-19 Bagi Penyandang Disabilitas”. Jurnal Penelitian dan Pengabdian Kepada
Masyarakat (JPPM) 1, no. 1 (2020): 33.
2
Muhammad Farid Ma’ruf, Galih Wahyu Pradana, Deby Febrian Eprlianto, and Suci Megawati. “Local
Government Strategies in Health Protocol Education for People With Mental Disabilities in Ponorogo Regency
by Strengthening Social Non-Governmental Organizations”. International Joint Conference on Arts and
Humanities 2021 (IJCAH 2021), (2021): 600.

2
 are the occupations held most frequently by persons with disabilities. Persons with
disabilities are confused as a result of the government's request for them to remain at home
and in social isolation in order to avoid the spread of COVID-19. Persons with disabilities
are unclear whether staying at home or not working is the best course of action. Due to these
issues, the economic condition of persons with disabilities will deteriorate. In the case of
COVID-19, it also affects the health insurance of populations of disabled individuals who
are at risk of contracting COVID-19 because of their condition.3
Numerous structures have undergone substantial modifications, and each region's
response to the COVID-19 pandemic has resulted in its own set of restrictions.4 Due to the
enormous number of individuals infected with COVID-19, the government has been
obligated to implement a variety of measures to prevent the disease's spread. Humans have
provided behavioral responses during the COVID-19 pandemic by maintaining a physical
distance from other individuals in order to lower the risk of infection that each individual
encounters in reaction to the rising number of case reports.5
In addition, the government imposes a lockdown, which means that individuals are not
allowed to leave their homes unless it is absolutely necessary. People can only leave their
homes in an emergency. As a direct result of the policies that have been put into place,
individuals are compelled to either keep their mouths shut or perform their duties at home.
What about individuals who work as vendors in the market, people who make their living
on the street, and others? They are unable to make money as a result of the government
lockdown that has been imposed.
In this context, persons with disabilities have a lower likelihood of gaining access to the
fulfillment of their requirements. It is possible that COVID-19 will make the situation even
more difficult for persons who have disabilities, particularly in medium-income and low-
income nations, which have a limited capacity to respond to COVID-19. Because of these
issues, what level of urgency or effort is being made by the government to maintain the
rights of assistance that should be obtained by persons with disabilities, however, as well
known, the government must also provide assistance to a large number of people who have

3
Op.Cit, p. 32.
4
Ni Putu Sawitri Nandari, Ida Ayu Ketut Artami, and Kadek Vivi Prasanti Cita Dewi. “Implementation of
Fulfillment of Rehabilitation Rights Against Persons With Disabilities Yayasan Peduli Kemanusiaan Bali Related
to COVID-19: Human Rights Perspective”. International Journal of Social Sciences and Humanities 5, no. 2
(2021): 102.
5
Vadim A. Karatayeva, Madhur Ananda, and Chris T. Bauchb. “Local Lockdowns Outperform Global Lockdown
on the Far Side of the COVID-19 Epidemic Curve”. Proceedings of the National Academy of Sciences 117, no.
39 (2020): 24575.

3
 been impacted by this pandemic. Is it still the case that persons with disabilities have the
right to get assistance even while there is a pandemic going on?

B. Research Questions
1. How can government officials guarantee the fulfillment of rights for persons with
disabilities during the Covid-19 pandemic period?
2. What efforts can government officials take to guarantee the fulfillment of rights for
persons with disabilities during the Covid-19 pandemic period?

C. Research Method

The method used in this research is normative juridical. In normative legal research,
research is carried out by studying literature or using secondary data. The reports and journal
articles cited in this paper are all examples of secondary data. All resources are subjected to
rigorous scrutiny and a qualitative analysis grounder on the logic of legal philosophy.

II. Finding and Analysis

During the earliest phases of the Coronavirus Disease 19 (COVID-19) pandemic, the virus

was widely referred to as the "great leveler" since it eliminated differences between individuals

and exposed everyone to the same risks. This caused the virus to be given the name COVID-

19. One of the community groups that is going to be affected the most by the COVID-19

outbreak is going to be persons with disabilities. The problem is that they have not received

much attention from the government, particularly in terms of ensuring that their rights are

respected and protected while the pandemic is ongoing. Even under ordinary circumstances,

persons with disabilities frequently have a difficult time taking part in events and gaining access

to public services. This is especially true in emergent circumstances, such as during a

pandemic, when participation and access are especially important. As a direct consequence of

this, the government is under an immediate obligation to make improvements and give the

4
problem the serious attention it merits by carrying out the various immediate acts required to

satisfy the rights and requirements of persons with disabilities.6

A. Disability Rights During the Covid-19 Pandemic

People in Australia who suffer from mental or cognitive impairments are definitely

placed in a "position of danger" because of COVID-19.7 The needs of persons with

disabilities during the pandemic were articulated in ten points by people with disabilities in

Australia. These points are as follows:

(1) Make sure that persons who have disabilities have access to adequate help.

(2) Make it simpler for persons with disabilities and the people who assist them to obtain

the opportunity to participate in health screenings connected to COVID-19.

(3) Make sure that any and all information regarding COVID-19 is accessible to persons

with disabilities and is simple to comprehend.

(4) Make it a priority to provide persons with disabilities with access to health care.

(5) Make greater cash available for retirement plans for elderly persons with

impairments.

(6) During the pandemic, it is important to make sure that persons with disabilities are

aware of the reason for their evacuation.

(7) Ensure the safety of persons with disabilities by shielding them from danger and

protecting them from criminal activity.

(8) Help those kids who are having difficulty learning, especially persons who have

disabilities.

6 Uche Nnawulezi and Adeuti Bosede Remilekun. “Disability’s Right to Health an Obligation Triggered by
Corona Virus Pandemic”. The Age of Human Rights Journal, (2021): 365.
7
Kay Wilson. “The COVID-19 Pandemic and the Human Rights of Persons With Mental and Cognitive
Impairments Subject to Coercive Powers in Australia”. International Journal of Law and Psychiatry 73, (2020):
2.

5
 (9) Guard the safety of persons with disabilities who are housed in institutions or with

other families.

(10) Make financial support available to groups run by persons with disabilities.8

During the pandemic, these ten points can at least provide a general understanding of

the necessities for persons with disabilities. All of these issues should be the government's

top priority. In addition, it is the government's responsibility to position disability as a key

actor in the execution of sustainable development goals.9 In addition, the government must

expand and enhance its social protection and safety nets, such as basic services, health

insurance systems, and financial assistance, to ensure that they reach the most

disadvantaged. Therefore, it is crucial to develop a clear strategy for delivering COVID-19

vaccinations without cost to vaccine recipients in an equitable and moral manner.10

B. Prevention of Disability-Related Disease Transmission

Because of the critical nature of ensuring this population's access to health care and the

unique challenges they face in preventing the spread of disease, certain governments have

taken steps to mitigate its spread among persons with disabilities.11

8 Agusniar Rizka Luthfia. “Urgensi Pemberdayaan Penyandang Disabilitas di Masa Pandemi”. Jurnal Ilmu
Administrasi 11, no. 2 (2020): 96.
9 Ibid, p. 96 – 97.
10
Santi Kusumaningrum, Clara Siagian, and Harriot Beazley. “Children During the COVID-19 Pandemic:
Children and Young People’s Vulnerability and Wellbeing in Indonesia”. Children's Geographies, (2021): 8.
11 Lugo-Agudelo LH, et al. “Countries Response for People With Disabilities During the COVID-19 Pandemic”.

Frontiers in Rehabilitation Sciences 2, (2022): 3.

6
 Some nations have stated that persons with disabilities may be more susceptible to the

pandemic because of the difficulties they confront while trying to practice proper hygiene

and social interaction. As part of this paper, we took into account the following types of

disability:

1. Visually Impaired During COVID-19

Persons with visual impairments may be more vulnerable to COVID-19 because they

must contact things, surfaces, or assistive devices routinely to navigate. Countries around

the world focused on handwashing, cleaning assistive devices like sticks, guide dogs, and

others that are in the table’s recommendations.12

12 Ibid, p. 4.

7
 2. Hearing Impaired During Covid-19

Around the world, sign language is needed to improve access to COVID-19 information.

This would help hearing-impaired people. The govt claims translation is vital, but it also

needs initiatives to avoid and minimize COVID-19 in this population, such as in the table's

recommendations.13

3. Physical Impaired During Covid-19

Most countries have a common concern for persons with physical disabilities, including

the cleaning of assistive devices and surface contact areas, because this population needs

assistance and close touch with others or their own devices.14

13 Ibid, p. 4.
14 Ibid, p. 4 – 5.

8
 4. Cardiopulmonary Dysfunction During COVID-19

Countries focus on preventing COVID-19 transmission among persons with

compromised cardiopulmonary function, who are more likely to have secondary problems.

Most measures focus on extra care for this population group with a viral infection.15

15 Ibid, p. 5.

9
 5. Mentally Impaired During COVID-19

Some countries released suggestions for orienting persons with autism, intellectual

disability, or dementia. Easy-to-read government information focuses on virus prevention.

During the pandemic, governments provided mental health recommendations and advice.16

C. Government Actions for Person With Disabilities

1. Social Implications

For persons with disabilities to exercise their political and civil rights, the

government provides a particular platform, such as social media platforms.17

2. Academic Implications

16Ibid, p. 5.
17Cathy Mae Dabi Toquero. “Inclusion of People With Disabilities Amid COVID-19: Laws, Interventions,
Recommendation”. Multidisciplinary Journal of Education Research 10, no. 2 (2020): 166 – 167.

10
 During a pandemic, the government can train teachers and parents to increase the

use of emergency distance teaching through assistive technology that facilitates and

maximizes educational possibilities for persons with disabilities.18

3. Policy Implications

Persons with disabilities are impacted in a variety of ways, including economically,

socially, and in terms of their health and others. In order to guarantee that persons

with disabilities are able to fully exercise their rights, it is necessary for the

government, and particularly the relevant authorities, to maintain accurate and up-

to-date information regarding the impact of the pandemic on different categories of

people with disabilities.19 The government must enact additional rules and

regulations to protect the rights of persons with disabilities. During a pandemic, the

government must design an emergency preparedness plan to meet the health care

demands and provide services for persons with disabilities, for instance by utilizing

digital technology as an online consultation platform to make seeking treatment or

therapy easier.20

Persons with disabilities are the most susceptible to developing COVID-19 due to their

overcrowded living conditions, lack of access to water and sanitation, and poor health.

According to the International Convention on the Rights of Persons with Disabilities, the

government can make the following recommendations:

18 Ibid, p. 169 – 170.

11
 (1) The government must ensure that persons with disabilities always have access to

health services, water and sanitation services, and relevant public health information

during the pandemic.

(2) The government can ensure that persons with disabilities have access to health nurses

in all clinics offering Covid-19-related tests and treatments.

(3) The government must respond swiftly in institutional settings by identifying disabled

persons with the highest risk of COVID-19 exposure.21

D. Recommendations for Supporting Persons With Disabilities (PWD) During

COVID-19

In the context of this pandemic, persons with disabilities are encountering obstacles and

stressors that might have a negative impact on their mental health. 22 The urgent action that

should be taken should be guided by the following recommendations:

(1) Ensure all recovery efforts preserve disabled persons' rights without prejudice.

(2) Ensure disabled persons have food, medicine, and other essentials.

(3) Ensure persons with disabilities have equitable access to basic, general, specialty,

and emergency health care.

(4) Implement emergency deinstitutionalization plans informed by disabled persons

and their groups.

(5) Allocate enough financial and human resources to ensure disabled persons are

included in the Covid-19 response and recovery.

21Loc.Cit, p. 382.
22
Ann Jesamine Dianito, Jomarie Espinosa, Jimboy Duran, and Jhoselle Tu. “A Glimpse Into the Lived
Experiences and Challenges Faced of PWD Students Towards Online Learning in the Philippines Amidst COVID-
19 Pandemic”. International Journal Of Advance Research And Innovative Ideas In Education 7, no. 1 (2021):
1210.

12
 (6) Provide economic, financial, and social support so persons with disabilities can

fully participate in the community.

(7) Ensure full participation, meaningful involvement, and leadership of persons with

disabilities and their representative organizations in Covid-19.

(8) Ensure emergency responses are disability-inclusive and consider individual needs.

(9) Disability-inclusive education should be a priority.

(10) Prioritize providing disability-friendly information on the epidemic, response

actions, and public health information and guidelines.

(11) Provide police and law enforcement with disability-awareness training and

accountability for disproportionate public health limitations.23

E. Fulfillment of the Rights for Persons With Disabilities During the COVID-19

Pandemic Period in Indonesia

Persons have diverse needs to be met in order to survive in this world. Similarly, persons

with disabilities meet their own needs. The COVID-19 pandemic has restricted the use of

public facilities and compelled individuals to remain inside all day. For persons with

disabilities, the government has issued an appeal to the public regarding social and physical

distancing with independent isolation.24 This shows that disabled persons are affected by the

pandemic, especially in the employment sector. Socialization, cooperation, companies,

workers with disabilities, the income of persons with disabilities, motivation, unemployment

of persons with disabilities, and level of education were identified as inclusiveness factors

in the employment sector during COVID-19. Additionally, disabled individuals have limited

23 Ciara Siobhan Brennan. “Disability Rights During the Pandemic”. COVID-19 Disability Rights Monitor,
(2020): 13.
24 Loc.Cit, p. 61.

13
 access to COVID-19 information.25 During the COVID-19 period, this paper includes

several efforts by the Indonesian government in dealing with problems related to the

fulfillment of the rights of persons with disabilities during the COVID-19 period, as follows:

1. Fulfillment of the Right to Education

Covid-19 has also caused social changes in education, supported by International and

Communication Technology (ICT). This impacts how we educate future generations, and

there are fundamental changes in the field of education, as follows: (1) Globalization of

educational processes, (2) Re-evaluating the role of educators, and (3) Expanding the use of

technology to promote learning. The three concepts we call the educational "revolution"

cannot be applied in full to PWD education. Persons with disabilities utilize technology

differently than non-PWD children, which drives this revolution.

When the pandemic hit Indonesia, classes and other activities for teaching and learning

for persons with disabilities couldn't happen. On the other hand, students' limitations mean

that this teaching and learning activity can't be done online either. Because of this, teachers

do teaching and learning activities (KBM) by going to the homes of their students. Face-to-

face learning is still used, but each crew does its own thing and doesn't gather in the

classroom.26 So that persons with disabilities can get the education they have a right to.

2. Fulfillment of the Economic Rights of Persons With Disabilities

Disability-related employment exclusion occurs. In COVID-19, persons with disabilities

face economic activity limits, including labor. Most disabled Indonesians labor

in unstructured jobs. They lost money because of restrictions on outside activities.

25 Dumilah Ayuningtyas, et all. “Inclusivity of Persons With Disabilities in the Work Sector During the Covid-19
Pandemic in Indonesia”. Frontiers in Public Health 10, (2022): 10.
26
Harits Dwi Wiratma, Diansari Solihah Amini, and Tanti Nurgiyanti. “Pemenuhan Hak Pendidikan bagi Difabel
SLB Sekar Teratai Selama Masa Pandemi Covid-19 (Studi Kasus: SLB Sekar Teratai Srandakan Trimurti
Bantul)”. Jurnal Pengabdian Masyarakat 2, no. 2 (2021): 81.

14
 According to a poll by the Difable Person Organization (DPO) Network with Mahkota in

April 2020, most persons with disabilities who work in MSMEs have seen a 70% drop in

income since the Covid-19 outbreak. The survey included 1,200 disabled and non-disabled

respondents from 6 provinces.27

To rehabilitate the community's economy, the government has implemented different

social safety net programs, such as business capital support and business skills training.

Persons with disabilities are one of the program's focuses. Erlia Rahmawati, Coordinator for

the Empowerment of Disabilities at the Coordinating Ministry for Human Development and

Culture, explained that the government's support program had a positive effect on MSMEs

and the informal sector in which persons with disabilities were involved during the Covid-

19 pandemic. In this situation, the government has taken special attention to ensuring that

persons with disabilities have access to a decent economy.

3. Fulfillment of Health Rights of Persons With Disabilities

During the COVID-19 pandemic, the requirements of persons with disabilities must be

met. Persons with disabilities frequently experience chronic diseases or life-threatening

disorders that necessitate hospitalization. This is still the responsibility of the government,

which, during the pandemic, severely restricted disabled individuals' access to health care

due to the influx of COVID-19 patients into hospitals. At that time, even persons with

disabilities were unable to travel directly to the hospital since they were susceptible to the

spread of COVID-19.28

27 Aldi Ahmad Rifai and Sahadi Humaedi. “Inklusi Penyandang Disabilitas Dalam Situasi Pandemi Covid-19
Dalam Perspektif Sustainable Development Goals (SDGs)”. Prosiding Penelitian dan Pengabdian kepada
Masyarakat 7, no. 2 (2020): 453.
28 Victor Sandiago Paneda and Jason Corburn, J. “Disability, Urban Health Equity, and the Coronavirus Pandemic:

Promoting Cities for All”. Journal of Urban Health 6, (2020): 338.

15
 4. Fulfillment of Right of Persons With Disabilities to Obtain COVID-19 Information

The government's Instagram updates are not totally accessible and informative for

persons with disabilities. The Indonesian Ministry of Health's determination of COVID-19's

inclusion value has not been properly implemented in various communication mediums. The

Ministry of Health, the government's frontline in the health sector, has not optimally

communicated the dangers of COVID-19 to the public. The government's efforts to generate

calm and alertness and develop public awareness, especially among disabled persons, have

not been fully realized. Accessibility to all Indonesians, especially persons with disabilities

who need COVID-19 information, has not fulfilled expectations. Disability-accessible

communications must be created (including sensory, intellectual, cognitive, and

psychosocial disabilities). According to Law No. 8 of 2016, the Ministry of Health should

meet COVID-19's information demands.29

III. Conclusion

Some countries, particularly countries with developing countries, are still not optimally

developing or optimizing the rights of persons with disabilities during a pandemic. As a result,

persons with disabilities are unable to reach communication, information, and assistance in an

optimal manner, especially during a pandemic. Limited public facilities due to lockdown that

limit daily activities as a result of the COVID-19 pandemic. It should be noted that some

persons with disabilities have weak endurance, which makes it easier for them to contract

COVID-19. Because of this, the government should pay more attention to persons with

29Amri Dunan, et al. “The Right to Obtain Covid-19 Information for Those with Disabilities (Study of
Government Communication on the Instagram Account of the Indonesian Ministry of Health)”. Advances in
Social Science, Education and Humanities Research 549, (2020): 354.

16
disabilities in order to provide them with information and assistance during the pandemic

because they also have the right to socialize, argue, and organize during this time.

17
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18
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Ma’ruf, Muhammad F., Galih Wahyu Pradana, Deby Febrian Eprlianto, and Suci Megawati.
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Perspective”. International Journal of Social Sciences and Humanities 5, no. 2 (2021):
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Pandemic: Promoting Cities for All”. Journal of Urban Health 6, (2020): 336 – 341.

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19
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20
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