Un droit spécifique du handicap ou bien : les droits de tous pour les personnes en situation de handicap ?

We are witnessing the globalisation of the question of disability, which has created a new dynamic in the way we perceive people in a situation of handicap. The beginning of this journey is the year 1981 “International year of people with disability”. The French law of February 11th 2005 “equality in rights and chances, the participation and citizenship of people with disabilities” has followed this dynamic. After 10 years of application the results are disappointing. This was foreseeable because the law itself is based on an imprecise definition, outcome of unfortunate attempts of the WHO to put into practice a classification that rests confusing. It lacks an evaluation tool. The utilisation of an 80% limit is inapplicable nonsense. This needs to be changed and fast: dispose of an evaluation tool for disability that is pluridimensional, simple, user-friendly and understandable for everybody, easy to use, leading to concrete suggestions of rehabilitation. This tool exists: the Handitest; remove the hurdle of calculating in percentages; dispose of a network of physicians trained in the evaluation of disability. One ethical problem remains: the formation of disability courts. It appears shocking to summon a person that is in the situation of handicap before a disability tribunal because a special commission refused to follow the recommendation of the physician that established the medical certificate. Why not ask the physician to stand before the court.