PWD FORUM AKKAPP Pwd Bambang Chapter

October 11, 2014 Saturday8:00am to 12:nn

MAJOR LAWS & MANDATES ON DISABILITY

Villa Alfonso Gym Brgy. Bambang Pasig City

Ricardo P. DelgadoAka “Ka Ricky”

Akkapp Pasig Federation President

Disability is a global concern 15% of the world’s population, or some 785 million people, have some form of disability

Introduction

Disability is a human rights issue Human rights is included in all governmental legal frameworks – (i) Universal Declaration of Human Rights (1948) (ii) Convention on the Elimination of all Forms of Discrimination Against Women (1979) (iii) Convention on the Rights of the Child (2003) (iv) UN Convention on the Rights of Persons With Disabilities (2006) (v) Other human rights instruments which affirm the protection of the rights of all without discrimination

Disability is a societal responsibility Within every society, disability is recognized by

all citizens regardless of the differences of the individuals’ socio-economic status, age, gender and educational levels

One in six people living in poverty are affected by moderate or severe disability (World Report on Disability, WHO, and the World Bank, 2011)

INTERNATIONAL MANDATES

sets out the legal obligation on States Parties to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedom by all persons with disabilities, and to protect for their inherent dignity

United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), 2006

defines persons with disabilities as those who have long- term physical, mental, intellectual or sensory impairments in which interaction with various barriers may hinder their full and effective participation in society on an equal basis with others

recognizes various international covenants on the rights of persons with disabilities as well as the importance of the principles and policy guidelines contained in the World Programme of Action Concerning PWDs (1982) and in the Standard Rules on the Equalization of Persons with Disabilities (1994) in influencing the promotion, formulation and evaluation of the policies, plans, programs and actions at the national, regional and international levels

UN Sec-Gen Ban Ki-moon appoints Stevie Wonder, an internationally celebrated musician, as the new UN Messenger of Peace at UN Headquarters.

Explicit Rights of PWDs in the UNCRPD

Equality before the law without discrimination (Art. 5)

Right to life, liberty and security of the person (Arts. 10 & 14)

Equal recognition before the law and legal capacity (Art. 12)

Freedom from torture (Art. 15) Freedom from exploitation, violence and abuse (Art. 16)

Right to respect physical and mental integrity (Art. 17)

Freedom of movement and nationality (Art. 18)

Right to live in the community (Art. 19)

Freedom of expression and opinion (Art. 21) Respect for privacy (Art. 22) Respect for home and the family (Art. 23) Right to education (Art. 24) Right to health (Art. 25) Right to work (Art. 27) Right to an adequate standard of living (Art. 28) Right to participate in political and public life (Art. 29) Right to participate in cultural life (Art. 30)

Salamanca Statement and Framework for Action on Special Needs Education, 1994

Requires government to promote the approach of inclusive education enabling schools to serve all children, particularly those with special needs educational needs

Proclaims that “every child has a fundamental right to education, and must be given the opportunity to achieve and maintain an acceptable level of learning”

Requires governments to implement the World Programme of Education for All (EFA) policy within the public and private learning institutions at all levels among persons with special needs

Convention on the Elimination of Discrimination Against Women (CEDAW), 1979

Guarantees the protection of the rights of all women, whether disabled or not, including women and girls with disabilities

Requires government to provide reports taken to ensure that women with disabilities (WWDs) have equal access to education and employment, health services and social security

Ensures that WWDs can participate in all areas of social and cultural life

NATIONAL MANDATES

RA 7277 - An Act Providing for the Rehabilitation, Self-Development and Self-Reliance of Persons with Disabilities and their Integration into the Mainstream of Society (Magna Carta for Persons with Disabilities), 1992

- provides equal rights & privileges of persons with disabilities (PWDs) on the following:

(a) Employment (b) Education(c) Health(d) Auxiliary social services(e) Telecommunications(f) Accessibility(g) Political and civil rights

- prohibits discrimination against PWDs on (a) Employment (b) Transportation (c) Use of public accommodations and

services

prescribes penalties for violation of the law as follows:

For first violation: a fine if not less than P50,000.00 but not exceeding P100,000.00 or imprisonment of not less than 6 months but not more than two (2) years, or both at the discretion of the court

For any subsequent violation: a fine of not less than P100,000.00 but not exceeding P200,000.00 or imprisonment for not less than two (2) years but not more six years, or both at the discretion of the court

For any person who abuses the privileges: imprisonment for not less than two years or a fine of not less than P5,000.00 but not more than P50,000.00, or both at the discretion of the court

For a corporation, organization or any similar entity: the officials directly involved shall be liable therefore

For an alien/foreigner: immediate deportation without further deportation proceedings

RA 7277…

RA 9442 - Amends RA 7277 and Provides Privileges to Persons with Disabilities (2007)

Utilization of services in hotels and similar lodging establishments, and restaurants and recreation centers

Admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement

Discounted fares for domestic land, air and sea travels

Grants 20% discount privileges to PWDs on the following :

Medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, in all government facilities, in accordance with the rules and regulations issued by the DOH, in coordination with PHILHEALTH

RA 9442…

Purchase of medicines in all drugstores

Medical and dental services including diagnostic and laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the DOH, in coordination with the PHILHEALTH

Educational assistance to PWDs for them to pursue primary, secondary, tertiary, post tertiary, as well as vocational or technical education in both public and private schools through the provision of scholarships, grants, financial aids, subsidies and other incentives to qualified PWDs

RA 9442…

Purchase of basic commodities, subject to the guidelines to be issued by the Dept. Trade and Industry, and the Dept. of Agriculture

Provision of express lanes for PWDs in all commercial and government establishments; in the absence thereof, priority shall be given to them

Grants incentives to individuals or non-governmental institutions establishing homes, residential communities or retirement villages solely to suit the needs and requirements of PWDs shall be accorded the following:

RA 9442…

(1) Realty tax holidays for the first 5 years of operation

(2) Priority in building and/or maintenance of provincial or municipal roads leading to the afore-said homes, residential community or retirement village

Prohibits the following acts: (a) Deliverance from public ridicule –

Public ridicule is defined as an act of making fun or contemptuous imitating or making mockery of persons with disabilities whether in writing, or in words, or in action due to their impairment/s.

RA 9442…

(b) Deliverance from vilification – The utterance of slanderous and abusive statements

against a person with disability; and/or

An activity in public which incites hatred towards serious contempt for, or severe ridicule of persons with disabilities.

Provides the changes in law

Title: Magna Carta for Persons with Disability Terminology: From “disabled person”

To “person with disability”

RA 9442…

Provides penalties for violation The same with RA 7277

RA 9442…

Who are the beneficiaries of ID Cards?Identification Cards shall be issued to any bonafide PWDs with permanent disabilities due to any one or more of the following conditions:

Psychosocial Chronic illnesses Learning disabilities Mental disabilities Visual impairments/Blind persons Orthopedic handicapped Speech impairments Hearing impairments/Deaf persons Other persons suffering from disabling diseases resulting to their limitations to do day-to-day activities as normally as possible such as but not limited to those undergoing dialysis, heart disorders, severe cancer cases and such other similar cases resulting to temporary or permanent disability

NCDA Administrative Order No. 001, S. 2008 –Guidelines on the Issuance of Identification Card Relative to RA 9442

PWD ID Card

SIZE : 3 ½ “ x 2 ½ “FRONT

LOGO of

LGU

REPUBLIC OF THE PHILIPPINES

I.D. PICTURE

PURSUANT TO R.A. 9442 GRANTING AT LEAST 20% DISCOUNT TO PERSONS WITH DISABILITY(FOR EXCLUSIVE USE OF THE HOLDER ONLY)

ID No. ____________

NAME ____________________________________________________________

ADDRESS ________________________________________________________

_______________________________________ _____________ DISABILITY GENDER

__________________________________SIGNATURE

RA 10070 - An Act Establishing an Institutional Mechanism to Ensure the Implementation of Programs and Services for Persons with Disabilities in Every Province, City and Municipality, Amending Republic Act No. 7277, Otherwise Known as the “Magna Carta for Persons with Disabilities” (PDAO Law), 2010

Stipulates the following provisions: Creation of Persons with Disabilities Affairs Office (PDAO) in every province, cityand municipality

Appointment of a PWD Affairs Officer who shall manage and oversee the operations of PDAO

Formulation and implementation of policies, plans and programs for the promotion of the welfare of PWDs

Coordination in the implementation of the provisions of this law, BP 344, RA 7277, RA 9442, etc.

Representation of PWDs in meetings of Local Development Councils

Designation of a focal person For 4th, 5th & 6th class municipalities, in lieu of creation of a PDAO, designate

a focal person who shall perform the functions of the PDAO. Priority in appointment should be given to a person with disability with experience in providing services to PWDs

Allocation of funds necessary for the operations that should be taken from any available revenues of LGUs for the implementation of the law

Effectivity of the law: May 15, 2010

requires certain buildings, educational institutions, airports,sports and recreation places, work places, etc. to install and incorporate architectural facilities or structural features to enhance the mobility of PWDs

Batas Pambansa Bilang 344 – An Act to Enhance the Mobility of Persons with Disabilities by Requiring Certain Buildings, Institutions, Establishments and Public Utilities to Install Facilities and Other Devices (Accessibility Law), 1983

• provides for a barrier-free environment that will enhance the mobility of persons with disabilities so they can participate fully in the social life and in the development of society

Scope

(1) Public and private buildings and related structures for public use

(3) Streets and highways

(2) Public transport vehicles – buses, jeepneys, trains, inter-island vessels and domestic aircrafts

(4) Public transport terminals

BP 344…

Signages

Parking areas/slotsNon-skid/tactile flooring Toilets and washrooms

Basic Requirements

BP 344…

Ramps

RA 7160 -An Act Providing for a Local Government Code of the Philippines (1991)

Provides for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms [of recall, initiative, and referendum] among the different local government units their powers, responsibilities, and resources.

Provides for the qualifications, election, appointment and removal, term, salaries, powers and functions, and duties of local officials, and all other matters relating to the organization and operation of local units.

k III – Local Government Units, Title FiveArticle Thirteen - The Social Welfare and Development Officer

Sec. 483 (3) (iv) stipulates that the social welfare and development officer shall take charge of the office on social welfare and development services and shall:

“Facilitate the implementation of welfare programs for the disabled (persons with disabilities), elderly, and victims of drug addiction,… and such other activities which would eliminate or minimize the ill-effects of poverty.”

Proclamation No. 688, Series of 2013 – Declaring the Period of 2013-2022 as the Philippine Decade of “Make the Right Real” for Persons with Disabilities in Support of the 3rd Asian and Pacific Decade of Persons with Disabilities

a response of the Philippine government to the new Asian and Pacific Decade of Persons with Disabilities, 2013-2022, which was adopted by the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP)

adopts the Incheon Strategy to “Make the Right Real” for Persons with Disabilities in Asia and the Pacific which comprises 10 Goals, 27 Targets and 62 Indicators

directs the NCDA to lead all disability-related efforts by formulating a National Plan of Action for the Decade which translates the objectives of disability-related laws and policies into concrete programs

requires all departments, agencies and instrumentalities of the

national government and local government units to implement plans, programs, and activities geared towards the development of persons with disabilities in accordance with the Incheon Strategy

DiosMabalos

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Ricardo P. DelgadoPresidentAkkapp Pwd Sumilang ChapterPlease like our facebook account : akkapp pwd pasig @yahoo. Email Addresses : akkapp_pwdpasig@yahoo.comCellphone : 09179949570 & 09258414057

rickydelgado1968@yahoo.com and rickydelgado057@gmail.com