MAKING ACCESSIBILITY A REALITY THROUGH MAKING ACCESSIBILITY A REALITY THROUGH IMPLEMENTATION OF THE PERSONS WITH DISABILITIES IMPLEMENTATION OF THE PERSONS WITH DISABILITIES

ACT, 2003ACT, 2003

A Paper Presented at the National Conference on Accessibility A Paper Presented at the National Conference on Accessibility and Disability Rights (KICC, 25and Disability Rights (KICC, 25thth -27 -27th -th - June 2012) June 2012)

by by 

Dr. James Nyikal, CBSDr. James Nyikal, CBS

Permanent SecretaryPermanent Secretary

Ministry of Gender, Children and Social DevelopmentMinistry of Gender, Children and Social Development11

Introduction.• The Persons with Disabilities Act 2003 was assented to on 31st December,

2003. • The enactment of the law was a developmental milestone in the field of

disability

• The law has three objectives;

1. to provide for the rights and rehabilitation of persons with disabilities

2. to achieve equalization of opportunities for persons with disabilities

3. to establish the National Council for persons with disabilities

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Establishment of the National Council for Establishment of the National Council for Persons with DisabilitiesPersons with Disabilities

• The National Council for Persons with Disabilities was established under section 3(1) as a corporate body under the Ministry of Gender, Children and Social Development

• The functions of the National Council include;• Issuance of adjustment orders• Formulating and developing measures and policies to

ensure that persons with disabilities achieve equal opportunities in all aspects of life

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Establishment of the National Establishment of the National Council for Persons with Disabilities Council for Persons with Disabilities

…cont’d…cont’d

• Registration of Persons with Disabilities and institutions that offer services to Persons with Disabilities

• Consulting with the Government in the formulation of suitable curricula for rehabilitation and vocational training

• Providing assistive devices, appliances and other equipment to persons with disabilities

• Ensuring that persons with disabilities have access to information

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Establishment of the National Establishment of the National Council for Persons with Disabilities Council for Persons with Disabilities

…cont’d…cont’d

• To consult with the Government in the provision of suitable housing for persons with disabilities

• Create awareness on the rights of Persons with Disabilities

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Access and categories ofAccess and categories of Persons with Disabilities   Persons with Disabilities  

• Categories of disability determine their Accessibility Rights

• A disability is defined by the Persons with Disability Act as -

“physical, sensory mental or any other impairment, which

impacts adversely on social, economic or environmental

participation by persons with disabilities”.• Physical impairments - mobility and manipulation • Sensory - visual impairments, hearing impairments and

communication disorders• mental - intellectual impairment, learning problems, autism

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Rights of persons with disabilities Rights of persons with disabilities that this conference seeks to that this conference seeks to

address address • Employment

• equal opportunity• Reservation of 5 per cent employment opportunities• Tax exemption for income accruing from employment• Tax incentive for the employer for both improvement of the working

environment and for employment of Persons with Disabilities

Health

-Inclusion in health policies formulation

-Access to rehabilitation and medical services

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Rights of persons with disabilities that Rights of persons with disabilities that this conference seeks to address this conference seeks to address

….…. Cont’d Cont’d

• Education • Affirmative action to improve access to education

• Environment –• Section 21 states that persons with disabilities are entitled to a barrier-free

and friendly environment and access to buildings, roads, and other social amenities and assistive devices and other equipment that promote their mobility.

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Rights of persons with disabilities that this Rights of persons with disabilities that this conference seeks to address conference seeks to address

… Cont’d… Cont’dPublic buildings

Section 22 – came into force 2010. Expires 2014

Public Service Vehicles

Section 23 – came into force 2010. Expired December 2011

Adjustment Orders

Section 24 – provides for mechanisms, time lines and redress for adjustments that owners of buildings and providers of services need to make

Tax exemption• Section 35- on income and other levies on such income goods, materials, and

equipment designed for use by Persons with Disabilities• Donations to persons and institutions of and for Persons with Disabilities

- ALREADY WORKING

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Section 38 – Access to legal servicesSection 39- Sign language in public meetings and in Television programmesSection 40 – Disability –friendly equipment and servicesVoting Section 29(1) – disability responsive services to the electoral processes

Making Accessibility Possible

• Full enforcement and compliance with the Persons with Disabilities Act

• This requires a multi-sectoral approach• The desired outcome of this conference –- a national action plan that is fully owned, implemented and

monitored by all stakeholders.

……………• THE END

THANK YOU, LADIES AND GENTLEMEN.

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