Introduction “Non-disabled persons do not understand disabled ones.” This famous line is only one of the walls separating the persons with disabilities from the largesse of the community. More often than not, the former is deprived of the chance to live normally without risk that he be separated from the mainstream of society. Contemporary issues concerning disability have continued plaguing the public. This discordance, amidst new civil rights protection and various local and international laws and policies promoting the respect for PWDs, never diminish up to this time. It brought unending quest to ensure an equal footing among the physically or mentally impaired persons and those who are not. History speaks of how the marginalized sectors of persons with disabilities were ostracized, rejected, discriminated and became subjects of ridicule. They have always been labelled as an inferior class and their aspirations and self-perceptions have remained unnoticed and misunderstood. Prejudicial views on their condition remain at par with their impairments. The notion about their being childlike, dependent and in need of charity and pity is still believed by many. In the Philippines, of the 92.1 million household population in the country, 1,443 persons or 1.57 percent had disability. The recorded figure of persons with disability (PWD) in the 2000 CPH was 935,551 persons, which was 1.23 percent of the household 1
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Introduction
“Non-disabled persons do not understand disabled ones.” This famous line is only one of
the walls separating the persons with disabilities from the largesse of the community. More often
than not, the former is deprived of the chance to live normally without risk that he be separated
from the mainstream of society. Contemporary issues concerning disability have continued
plaguing the public. This discordance, amidst new civil rights protection and various local and
international laws and policies promoting the respect for PWDs, never diminish up to this time.
It brought unending quest to ensure an equal footing among the physically or mentally impaired
persons and those who are not. History speaks of how the marginalized sectors of persons with
disabilities were ostracized, rejected, discriminated and became subjects of ridicule. They have
always been labelled as an inferior class and their aspirations and self-perceptions have remained
unnoticed and misunderstood. Prejudicial views on their condition remain at par with their
impairments. The notion about their being childlike, dependent and in need of charity and pity is
still believed by many.
In the Philippines, of the 92.1 million household population in the country, 1,443 persons
or 1.57 percent had disability. The recorded figure of persons with disability (PWD) in the 2000
CPH was 935,551 persons, which was 1.23 percent of the household population. This shows that
sixteen (16) out of a thousand Filipinos most likely experienced the abovementioned biased
treatments due to their disability. Technically, though small in number, this sector needs an
immediate attention and should not be disregarded. Many studies had been conducted to expose
how discrimination paved the way for PWDs to deviate themselves with the society, laws and
policies protecting them have continued to develop but it’s ironic that still, many PWDs are
trapped within the portals of mockery and inequity.
Indeed, RA 7277, as amended, is the governing law in the country safeguarding and
upholding the rights of PWDs. The amended law not only stated the rights and privileges of
PWDs; it also set forth the introduction of discounts for specific products and services that they
need; the prohibition against discrimination, mocking and vilification of PWDs and the
1
corresponding obligation of each beneficiary before he can enjoy the grants. However, no matter
stiff the law is, the dilemma always boils down to its implementation. Efforts had been exhausted
in order to uphold the universal equality of rights envisioned by the United Nations Human
Rights Conventions and enshrined in the 1987 Philippine Constitution. But still, many of the
Persons with Disabilities are either unaware of the existing rules or hesitant to freely enjoy the
privileges given to them.
Various constraints like (1) those relating to the built and natural environment; (2)
related to the use and interpretation of guidelines, codes, regulations, and laws; (6) information-
related barriers; (7) professional knowledge, education, and training issues; (8) perceptions and
attitudes of non-PWD, including professionals; (9) policies and procedures both at the facility
and community level; and (10) availability of resources were found to be the barriers for them to
take pleasure in the benefits provided for them. 1 The study shows that social participation among
PWDs is not only hindered by health problems but also the accessibility problems. It was proven
that their lives are more concentrated at home rather than outside.
Evidently, what is needed today is the recognition and eventually valuing of the many
positive qualities and potentials of people with disabilities. Devaluation and dehumanization of
people with disabilities that had held sway for so long a period must now be realized and left.
Given that the problem it had sought to address had its roots in the embrace by the dominant
culture of principally negative stereotypes of people with disabilities with the resultant assigning
to them of devalued social roles based on these prejudicial perceptions, what PWDs need is
proper upbringing for them to realize their worth. They must be helped to perceive the strengths
and gifts they have, their abilities and lifetime potentials. These can be possible through
education. The latter is the most probable way towards change. By giving emphasis on
education, there might be a fuller appreciation of the dignity and humanity of people with
disabilities in all aspects of community life. Were it not for such advocacy, our dehumanizing
1 Rimmer, Riley, Wang, Rauworth, and Jurkowski. 2004. National Survey by Ireland’s National Disability Authority.
2
perceptions of people with disabilities would never have been challenged, nor would we have
learned the importance of respect as foundational in the lives of people with disabilities.
Persons With Disabilities: Definition and Classification
There are hundreds of different disabilities. Some are co-genital; most come later in life.
Some are progressive, like muscular dystrophy, cystic fibrosis, and some forms of vision and
hearing loss. Others, like seizure conditions, are episodic and progressive. Some conditions are
static , like the loss of a limb. Still, others like cancer and occasionally paralysis, can even go
away. Some disabilities are “hidden,” like epilepsy or diabetes. Disability law also applies to
people with perceived disabilities like obesity or stuttering, which are not disabling but create
prejudice and discrimination. Each disability comes in differing degrees of severity. Different
laws gave different meanings of Persons with Disabilities. Prior to RA 9442, physically or
mentally impaired persons were called Disabled Persons. Batas Pambansa 344 defined Disabled
Persons as “those suffering from restriction or lack of ability to perform an activity in the manner
or within the range considered normal for a human being as a result of a mental, physical, or
sensory impairment.” Economic Independence of Disabled Persons Act, on the other hand,
defined Disabled Persons as “persons who cannot perform work in the usual and customary way
due to loss of limbs or any part of the body by injury or absence thereof by birth.”
In 1990, disability was categorized by the NSO to the following:
Table 1
1 Blindness 6 Mental illness
2 Deafness 7 Mental retardation
3
3 Muteness 8 Orthopedic handicap
4 Deafness-Muteness 9 Multiple disabilities
5 Speech impairment 10 Others
In 1995 however, the NSO adopted a more precise and self-explanatory grouping on
disabilities:
Table 2
1 Total blindness 10 Loss of one or both legs/feet
2 Partial blindness 11 Paralysis of one or both arms
3 Low vision 12 Paralysis of one or both legs
4 Total deafness 13 Paralysis of one arm and one leg
5 Partial deafness 14 Paralysis of all four (4) limbs
6 Poor hearing ability 15 Mental retardation
7 Muteness 16 Mental illness
8 Speech impairment 17 Others
9 Loss of one or both
arms/hands
Disabled Persons Enabled
The language used to refer to persons with disabilities has played a significant role in the
persistence of negative stereotypes. It brings a deep and persistent negative stereotypes and
4
prejudices against them. The United Nations, on its effort to promote universal equality of rights
had aspired to enable the disabled.2 This international perspective is highly recognized in the
country. In fact, when Republic Act 9442 amended RA 7277, the title of Republic Act No. 7277
is hereby amended to read as the “Magna Carta for Persons with Disability”, and all references
on the said law to “Disabled persons” shall likewise be amended to read as “persons with
disability”. 3Significantly, the amended law regarded PWD as a person first, before his disability.
The primary rationale of this change is no longer to focus on disability as a sickness or
impairment but on images and languages to shape notions of ability. This means persons with
disabilities are no longer considered to be recipients of charity or objects of others'
decisions but holders of rights.
Disability resides on the society and not in the persons—it is a “pathology of society”,
that is, as the result of the failure of societies to be inclusive and to accommodate individual
differences. 4Societies need change, not the individual. The most important thing is to recognize
differently-abled people as people, with the same rights and dignity as to others. That just like all
people, they are very different, including being different in how they are with disability issues.5
The Rights of The Persons With Disabilities
The finest development of being a human is full human development as in the words of
the greatly admired Atty. Jose W. Diokno, “ Full human development … is the optimal
development of all that is human in all humans, the bringing to full flower of the native genius of
2 promoted during the International Year of Disabled Persons in 1981 and embodied in the World Programme of Action concerning Disabled Persons adopted in 1982 and further developed during the United Nations Decade of Disabled Persons (1983-1992) and led the adoption of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in 1994.
3 RA 9442(Magna Carta for Person With Disability), Section 4.4 Office of the High Commissioners for Human Rights, United Nations. (2010). Monitoring the Convention on the Rights of Persons
with Disabilities: Guidance for Human Rights Monitors.5 http://www.uiaccess.com/accessucd/interact.html. (April 8,2013)
5
each and of all.” This development can only be achieved when there is respect for, and
observance of, human rights and fundamental freedoms for all without distinction. 6
Persons with disabilities are faced with grim realities of injustice and inequality. Governments,
organizations, advocacies, and initiatives from the different parts of the world strongly felt the
need for the integration of disability into the issue of human rights and development. 7 It is self-
evident that disability is a human rights issue and it is the recognition of that intrinsic humanity
that full implementation and protection of the rights of the PWDs can be achieved.
PWDs are entitled to exercise their civil, political, social, economic and cultural rights on
an equal basis with others under all the international treaties. 8Civil or political rights are rights
that serve as protection of the individuals with disabilities from the arbitrary exercise of State
power such as the right to life, liberty and security of persons; right against torture; arrest and
detention; right to a fair and public hearing by an independent and impartial tribunal; right to be
presumed innocent, right to privacy; right to freedom of thought, conscience and religion; right
to freedom of opinion and expression; and right to freedom of peaceful assembly and
association. Economic, social and cultural rights are those rights that are concerned with the
material, social and cultural welfare of persons with disabilities such as the right to work, right to
social security, right to form and join trade unions, right to rest and leisure, right to a standard of
living, right to education, and right to culture. Human rights are universal, indivisible and
interdependent. These rights belong to, and are to be enjoyed by all human beings without
distinction of any kind. 9
The rights of individuals with disabilities are grounded on a human rights framework
based on the United Nations Charter, Universal Declaration of Human Rights, International
6 United Nations Charter – http://www.un.org/esa/socdev/enable/rights/humanrights.htm. (April 9,2013).
7 Cueto, Quintin B. III – Commissioner In-Charge for Government Linkages. Rights of Persons with Disabilities in Accessing the Justice System. (PDF).8 Human Rights of the Persons with Disabilities, An Overview of the Issue of the Human Rights of Persons with Disabilities at the
International Level - http://www.un.org/esa/socdev/enable/rights/humanrights.htm. (April 9,2013).9 Sarmiento, Rene. Grow in Grace, Govern in Wisdom.
6
Covenants on Human Rights, related Human Rights Instruments, and International Human
Rights Laws.10
Laws governing the rights of PWDs
The acknowledgement of the rights of the vulnerable and disadvantaged sectors like the
PWDs must be afforded and protected by different laws in order change the way society operates
and to dismantle the barriers that prevent persons with disabilities from participating fully in
society. As there can be no right without a corresponding law to which it is sourced from and to
back it up. The laws governing the rights of PWDs oversee and make sure that such rights are
being secured and properly implemented.
The United Nations estimates that there are more than 500 million persons with
disabilities in the world today. Every year this number increases due to factors such as war and
destruction, unhealthy living conditions, and the absence of knowledge about disabilities, their
causes, prevention and treatment. 11They also made mention that majority of the PWDs live in
less developed countries where people lack access to essential services such as health care,
education, and vocational rehabilitation. They linked disability with poverty. The risk of
impairment is greater for a family that lives in poverty. A family who has a disabled family
member constitutes a higher demand on the family's resources.
Contemporary international laws have increasingly recognized the need for all states to
incorporate human rights standards for PWDs into their national legislation although the
necessity and the means chosen to promote full realization of the rights of PWDs may differ
among countries. There is no country which is exempted from the need for the improved policies
10 Ibid11 Human Rights of the Persons with Disabilities, An Overview of the Issue of the Human Rights of Persons with Disabilities at the International Level - http://www.un.org/esa/socdev/enable/rights/humanrights.htm. (April 8,2013)
7
and laws for individuals with disabilities. 12The rights of PWDs are now being recognized
internationally and locally.
International Laws
The development of the International Human Rights Law addressed more generally the
rights of individuals with disabilities. The principle of the right to equality set out by the
international human rights instruments is the foundation of such rights. 13
International Human Rights Law determines that every person, including the PWDs, has
the right of equality before the law, the right to non-discrimination, the right to equal
opportunity, the right to an independent living, the right to full integration, and the right to
security. 14Every society must employ its resources in such a way that every individual,
including PWDs, has an equal opportunity to participate in the community. The full participation
of PWDs benefits the society as their individual contributions.15
International Legal Instruments protect the rights of PWDs focusing on safeguarding the
PWDs from discrimination and creating equal opportunities for them to participate in the society.
Among these are the United Nations, the African Union (formerly Organization of African
Unity, OAU), the Council of Europe, the European Union, and the Organization of American
States.16
12 Disability and Persons with Disabilities - http://www.hrea.org/index.php?doc_id=416. (April 8,2013).13 Human Rights of the Persons with Disabilities, Fundamental Human Rights of the Persons with Disabilities -
http://www.un.org/esa/socdev/enable/rights/humanrights.htm. (April 8, 2013). (pdf).14 Human Rights of the Persons with Disabilities, An Overview of the Issue of the Human Rights of Persons with Disabilities at the International Level - http://www.un.org/esa/socdev/enable/rights/humanrights.htm. (April 8, 2013). (pdf).15 Disability and Persons with Disabilities, Rights at Stake - http://www.hrea.org/index.php?doc_id=416. (April 8, 2013).
16 Human Rights of the Persons with Disabilities, Fundamental Human Rights of the Persons with Disabilities -
These laws bear essentiality for the recognition under the Constitution of the generally
accepted principles of international laws. The latter had served as one of the models in terms of
legislation. Recent developments had been guidelines in order for the passage of a better decree.
It is noteworthy to enumerate the existing international laws which set the rights of PWDs
a. Universal Declaration of Human Rights (1948)
The Universal Declaration of Human Rights (UDHR) adopted by the General Assembly
of the United Nations in 1948 formulated and provides human rights standards that are accepted
by all member states. Article XXV, Sec. 1 of the UDHR mentions the socio-economic rights of
PWDs such as the right to an adequate standard of living including food, clothing, housing,
medical care and social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, and old age. Article VII guarantees equality before the law and
equal protection by the law for all people, including against discrimination.17
International Covenant on Civil and Political Rights (1966)
This is an international treaty that lists several rights that are relevant to disability. Article
XXVI states that all people, which clearly include the PWDs, are equal before the law and have
the right to the equal protection of law.18
International Covenant on Economic, Social and Cultural Rights (1966)
The Covenant does not explicitly refer to disability. However, disability can be included
under the "other status" clause in Article II, Sec. 2, which calls for the non-discrimination of
persons on any grounds such as race, color, and "other status".19
17 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion -
http://www.hrea.org/index.php?doc_id=41618 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations,
Universal Declaration of Human Rights - http://www.hrea.org/index.php?doc_id=41619 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations, International Covenant on Civil and Political Rights (1966) - http://www.hrea.org/index.php?doc_id=416
9
This General Comment by the Committee on Economic, Social and Cultural Rights was
issued to more fully elaborate the strategies for the implementation of the rights set forth in the
International Covenant on Economic, Social, and Cultural Rights. This General Comment
formulates the obligations of the states to eliminate discrimination of PWDs in the areas of equal
rights for men and women specifically mentioned in its Article III, Articles VI to VIII on work,
Article IX on social security, Article X on the protection of the family, Article XI on the
adequate standard of living, Article XII on the right to physical health, Articles XIII and XIV
on the right to education, and the right to take part in cultural life and enjoy the benefits of
scientific progress in Article XV.20
Declaration on the Rights of Mentally Retarded Persons (1971)
This is proclaimed by the United Nations General Assembly stating that, "The mentally
retarded person has, to the maximum degree of feasibility, the same rights as that of other human
beings."21
Declaration on the Rights of Disabled Persons (1975)
This Declaration adopted by the United Nations General Assembly is the first
international document that tried to define the term "disability." The Declaration includes a
number of social and economic rights as well as civil and political rights.22
Declaration on the Rights of Deaf-Blind Persons (1979)
Article I of the Declaration states that "…every deaf-blind person is entitled to enjoy
the universal rights that are guaranteed to all people by the Universal Declaration of Human
20 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations,
International Covenant on Economic, Social and Cultural Rights (1966) - http://www.hrea.org/index.php?doc_id=41621 Disability and Persons with Disabilities, International and Regional Instruments for Protection and
Promotion, United Nations, General Comment 5 (1994) -http://www.hrea.org/index.php?doc_id=41622 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations,
Declaration on the Rights of Mentally Retarded Persons (1971) - http://www.hrea.org/index.php?doc_id=416
Rights and the rights provided for all disabled persons by the Declaration of the Rights of
Disabled Persons." 23
Convention on the Elimination of Discrimination Against Women (CEDAW) (1979)
This Convention does not include any specific article on disability rights but aims to protect the
rights of all women, whether disabled or not. Disabled women face double discrimination based
on their gender and secondly, based on their disability. It recommends that governments should
provide information on disabled women in their period reports and on special measures that the
governments have taken to ensure that women with disabilities have equal access to education
and employment, health services and social security, and to ensure that they can participate in all
areas of social and cultural life.24
Convention (No. 159) concerning Vocational Rehabilitation and Employment (Disabled
Persons) (1983)
This Treaty of the International Labour Organization (ILO), a United Nations specialized
agency, obligates to formulate, implement and periodically review a national policy on
vocational rehabilitation and employment of disabled persons mentioned in Article II. This
Treaty also emphasizes the principle of equal opportunity in its Article IV; "positive measures
aimed at effective equality of opportunity and treatment between disabled workers and other
workers shall not be regarded as discriminating against other workers.”25
Convention on the Rights of the Child (1989)
23 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations,
Declaration on the Rights of Disabled Persons (1975) - http://www.hrea.org/index.php?doc_id=41624 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations,
Declaration on the Rights of Deaf-Blind Persons (1979) - http://www.hrea.org/index.php?doc_id=41625 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations,
Convention on the Elimination of Discrimination Against Women (CEDAW) (1979) - http://www.hrea.org/index.php?doc_id=416
11
This Treaty lists disability as one of the grounds of discrimination and the latter being prohibited
in Article II. In addition, Article XXIII directly addresses the rights of children with disabilities
stating that disabled children are entitled to a "full and decent life" of dignity and participation in
the community.26 This Treaty will be discussed further in this paper.
Principles for the Protection of Persons with Mental Illnesses and the Improvement of
Mental Health Care (1991)
This Document sets detailed standards for the protection of persons with mental
disabilities. It emphasizes that all persons have the right to the best available mental health care,
shall be treated with humanity and respect for the inherent dignity of the human person, have the
right to protection from economic, sexual and other forms of exploitation, physical or other
abuse and degrading treatment. The Principles stipulate that there shall be no discrimination on
the grounds of mental illness and that persons with a mental illness shall have the right to
exercise all civil and political rights. In case a person lacks legal capacity due to his or her
mental illness any decisions related to the well-being of this person shall be made only after a
fair hearing by an independent and impartial tribunal established by domestic law.27
Standard Rules on the Equalization of Opportunities for Persons with
Disabilities(1993)
These Standard Rules do not constitute a legally binding document for member states.
However, the latter are the most comprehensive set of human rights standards regarding
disability and for law enforcers to date and to represent "a strong moral and political
commitment of Governments to take action to attain equalization of opportunities for persons
26 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations,
http://www.hrea.org/index.php?doc_id=41627 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations,
Convention on the Rights of the Child (1989) - http://www.hrea.org/index.php?doc_id=416
12
with disabilities." The document addresses preconditions for equal participation, target areas of
equal participation, implementation measures and monitoring mechanisms.28
b. Beijing Declaration on the Rights of People with Disabilities (2000)
This declaration was adopted at the World NGO Summit on Disability and calls for a
higher standard of living, equal participation and the elimination of discriminatory attitudes and
practices.29
c. Convention on the Rights of Persons with Disabilities (2007)
The Convention on the Rights of Persons with Disabilities refers to a document focusing
on international human rights of people with disabilities. It was created by the United Nations
and is being monitored by the Committee on the Rights of Persons with Disabilities.
This Convention intends to ensure equal rights to people with disabilities. This is done by
elaborating in detail the rights of persons with disabilities and setting out a code of
implementation. The Guiding Principles of the Convention are the Respect for inherent dignity,
individual autonomy including the Freedom to make one's own choices, and Independence of
persons, Non-discrimination, Full and effective participation and inclusion in society, Respect
for the difference and acceptance of persons with disabilities as part of human diversity and
humanity, Equality of opportunity, Accessibility, the Equality between men and women and
Respect for the evolving capacities of children with disabilities and respect for the right of
children with disabilities to preserve their identities. 30
28 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations,
Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care (1991) -
http://www.hrea.org/index.php?doc_id=41629 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations,
Standard Rules on the Equalization of Opportunities for Persons with Disabilities(1993) - http://www.hrea.org/index.php?
doc_id=416
30 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations,
Convention on the Rights of Persons with Disabilities (2007) - http://www.hrea.org/index.php?doc_id=416
13
d. African Charter on Human and Peoples' Rights (1981)
The Charter contains in Article XVIII, Sec. 4 that disabled persons have the right to
special measures of protection and Article XVI, Sec. 1 provides that every individual shall have
the right to enjoy the best attainable state of physical and mental health.31
The Council of Europe is a regional intergovernmental organization consisting of 45
countries. It aims to defend human rights, parliamentary democracy and the rule of law. This
Council has not adopted any specific human rights treaty on persons with disabilities but created
two important treaties that include the protection of the rights on disabilities.
e. European Convention on the Protection of Human Rights and Fundamental Freedoms (1950)
Article V of the Convention states that the right to liberty and security can be infringed
upon on the grounds of mental disability, "No one shall be deprived of his liberty save in the
following cases and in accordance with a procedure prescribed by law: [...] the lawful detention
of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind,
alcoholics, drug addicts, and vagrants."32
European Social Charter (1961)
The Charter works as the counterpart of the Convention addressing social and economic
rights such as the right to work, and the right to social security. The Charter was the first human
rights treaty to explicitly mention disability.33
Recommendation (818) on the Situation of the Mentally Ill (1977)
31 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, African Union
(formerly Organization of African Unity, OAU), African Charter on Human and Peoples' Rights (1981) -
http://www.hrea.org/index.php?doc_id=41632 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, Council of Europe,
European Convention on the Protection of Human Rights and Fundamental Freedoms (1950) - http://www.hrea.org/index.php?
doc_id=41633 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, Council of Europe,
European Social Charter (1961) - http://www.hrea.org/index.php?doc_id=416
14
This document outlines recommendations regarding the protection of mentally ill persons
in court, and the legislation rules on the confinement of mentally ill persons.34
Recommendation (1185) on Rehabilitation Policies for the Disabled (1992)
This recommendation urges member states to ensure active participation in the society
and equal opportunities for disabled persons.35
Recommendation No. R(92)6 on a Coherent Policy for the Rehabilitation of People with
Disabilities (1992)
This instrument recognizes the rights of disabled persons to be different and focuses on
the right to independent living and full integration into the society.36
The European Parliament has adopted the following resolutions referring specifically to
the protection of disability rights: The Resolution on the human rights of disabled people (1995)
which urges the European Commission, the executive branch of the European Union, to take
steps to ensure equal opportunities for disabled persons; The Resolution on threats to the right to
life of disabled persons (1996) which seeks to protect the right to life and opposes to the practice
of the active killing by doctors of patients in a persistent vegetative state and disabled new-born
children; and the Resolution on the Commission's communication on equality of opportunity for
people with disabilities (1997) that reminds member states of their responsibility to implement
disability protection laws on the national level.37
f. Organization of American States, American Convention on Human Rights (1969)
34 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, Council of Europe, Recommendation (818) on the Situation of the Mentally Ill (1977)35 http://www.hrea.org/index.php?doc_id=416
36 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, Council of Europe, Recommendation (1185) on Rehabilitation Policies for the Disabled (1992) - http://www.hrea.org/index.php?doc_id=416 37 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, Council of Europe,
Recommendation No. R(92)6 on a Coherent Policy for the Rehabilitation of People with Disabilities (1992)
15
The Convention does not explicitly address the subject of disability but contains the
classical human rights guarantees. For example, Article XXIV states the right to equal
protection.38
Additional Protocol to the American Convention on Human Rights in the area of
Economic, Social, and Cultural Rights (Protocol of San Salvador) (1988)
This treaty specifically states that persons with disabilities are entitled to receive special
attention in order to achieve the greatest possible development of his or her personality. It also
obliges governments to implement special measures to facilitate the full integration of PWDs.39
Inter-American Convention on the Elimination of All Forms of Discrimination Against
Persons With Disabilities (1999)
This Convention aims to prevent and eliminate all forms of discrimination against
disabled persons and to promote their full integration into society.40
The Philippines had been known to house different people from different parts of the
world. Filipinos are known to be hospitable. With this type of culture, one must not be surprised
to find a the abovementioned international laws had been significant parts of the legal framework
and principles of the nation. Most of which had formed part of the local laws governing the
rights of diffently-abled persons. Truly, both international and local laws have one common
objective: to protect the rights of PWDs.
Local Laws
38 http://www.hrea.org/index.php?doc_id=416
39 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, European Union -
http://www.hrea.org/index.php?doc_id=41640 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, Organization of
American States, American Convention on Human Rights (1969) - http://www.hrea.org/index.php?doc_id=416
The Philippines, as a Member State of the United Nations and the World Health
Organization (WHO), supports the global efforts to uphold and promote the rights of PWDs. The
Philippine Constitution recognizes this and national policies have been manifested specifically
the Batas Pambansa Bilang 844 or “The Accessibility Law” and Republic Act No. 7277 or
otherwise known as, "The Magna Carta for Disabled Persons" or "An Act Providing for the
Rehabilitation, Self-Development, and Self-Reliance of Disabled Persons and Their Integration
into the Mainstream of Society and for Other Purposes."41
Table 3
LAW TITLE DATE APPROVEDRepublic Act 9442 An Act Amending Republic Act No. 7277,
otherwise known as the "Magna Carta for Disabled Persons, and For Other Purposes”
April 30, 2007
Executive Order 4 Encouraging the Implementation of Community-Based Rehabilitation (CBR) for Persons With Disabilities in the Philippines
June 21, 2005
Executive Order Directing the Implementation of the Economic Independence Program for Persons with Disabilities(PWDs)
March 22, 2005
Executive Order Creating a Task Force to Address the Concerns of Persons with Disabilities
December 9, 1996
Republic Act 7277 An Act Providing for the Rehabilitation, SelfDevelopment and Self-Reliance of Disabled Persons and their Integration into the Mainstream of Society and for other purposes
March 24, 1992
Republic Act 6759 An Act Declaring August 1 of each year as White Cane Safety Day in the Philippines and for other purposes
September 18, 1989
Batas Pambansa An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings, Institutions, Establishments and Public Utilities to Install Facilities and Other Devices
February 25, 1983
Republic Act 5250 An Act Establishing a Ten-Year Training Program for Teachers of Special and Exceptional Children in the Philippines and Authorizing the Appropriation of Funds Thereof
June 15, 1968
Republic Act 4564 An Act Authorizing the Philippine Charity June 19, 1965
41 Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, Organization of
American States, Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural
Sweepstakes Office to Hold Annually Special Sweepstakes Race for the Exclusive Use of the Office of Vocational Rehabilitation, Social Welfare Administration, in its Development and Expansion Program for the Physically Disabled Throughout the Philippines
Republic Act 3562 An Act to Promote the Education of the Blind in the Philippines
June 21, 1963
Republic Act 1373 An Act Authorizing the Philippine Sportswriters Association to hold One Benefit Boxing Show Every Year, The Net Proceeds of which Shall Constitute a Trust Fund For The Benefit of Disabled Filipino-Boxers
June 18, 1955
Republic Act 1179 An Act to Provide for the Promotion of Vocational Rehabilitation of the Blind And Other Handicapped Persons and Their Return to Civil Employment
June 19, 1954
The Constitution of the Philippines (1987) 42
The Philippine Constitution in the Declaration of Principles and State Policies mandates
that the State shall promote social justice in all phases of national development.
Art. XIII, Sec. 2 of the Constitution includes disabled persons as one of the priority
sectors to be given access to essential goods and services at affordable cost.
Art. XIII, Sec. 13 of the Constitution further provides that the State shall establish “a
special agency for disabled persons for their rehabilitation, self-development and self-reliance
and their integration into the mainstream of society."
Republic Act No. 7277 or the “Magna Carta for Disabled Persons” (1992) 43
In fact, there are a lot of laws in the Philippines protecting and respecting the rights of the
Persons with Disability but the prevailing law is RA 7277, as amended. The Act provides for the
42 http://www.hrea.org/index.php?doc_id=416
43 monitoring the human rights of persons with disabilities: laws, policies and programs in the Philippines. 2009. Disability rights
promotion international. Lauro purcil
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rehabilitation, self-development, and self-reliance of PWDs and promoting their integration into
the mainstream of society. The Congress of the Philippines enacted this law for PWDs to direct
the National and Local government agencies to implement programs and services to ensure the
full participation of PWDs in all aspects of community life. Areas like education, rehabilitation,
health, employment, civil and political rights , reasonable accommodation, anti-discrimination,
anti-poverty, accessibility, transportation, telecommunications and information communication
technology, social security, economic independence and even international cooperation are well
addressed in various legal documents and policy statements. It is also noteworthy that RA 9442
strictly prohibits and penalizes any act that has an effect to vilifying persons with disabilities.
Although the law was formulated before the Convention on the Rights of Persons with Disability
came into force, there are clear indications that the human rights sentiments have been the
Magna Carta’s more salient character. 44
Emphasizing Chapter 8, Sec. 32, par. (h) of RA 9442: Right to Education of PWDs
“Educational assistance to persons with disability, 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 persons with disability, including support for books, learning material,
and uniform allowance to the extent feasible: Provided, That persons with disability shall meet
minimum admission requirements.” 45 This provision specifies the privilege given to the
marginalized sector not only on their basic needs but as well as on their education. Research
shows that vast majority of individuals with physical impairments lack basic literacy; that
individuals with intellectual and psychiatric disabilities are treated with often cruel neglect; and
are seldom they enroll with in a school attended by normal students.
44 amendment to RA 7277 (Magna Carta for Disabled Persons) effected through RA 9442 (An Act Amending Republic Act No.
7277, otherwise known as the "Magna Carta for Disabled Persons, and For Other Purposes) under Chapter 8, Sec. 32 (par. H)45 CHRP WORKING PAPER Rights of Persons with Disabilities in Accessing the Justice System; September 2007Government
Linkages Office
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Education teaches a man on how to live life and struggles for it. As the famous aphorism
goes, "knowledge is power", education is necessary to gain knowledge. It is evident that there is
a growing recognition on the vital importance of basic education for social progress. Education
can give anyone enormous potentials and countless possibilities. As education is a basic
necessity to a normal person so it is to PWDs.
The 1987 Philippine Constitution guarantees in Article XIV, Sec. 1 that “The State shall
protect and promote the right of all citizens to quality education at all levels, and shall take
appropriate steps to make such education accessible to all.” The mandate significantly put high
regard to education and emphasized the right of every person to quality education. The physical
impairment of Persons With Disabilities should never be made a reason to undermine their
capabilities and/or capacities to perform “normally” and even, excellently in his/her own field.46
They must be given equal opportunities to grow and excel in their chosen field. As Former
Justice Antonio Panganiban stated, “Equality is rooted not merely on charity or accommodation,
but on justice for all.” Consequently, it is but the government’s role to ensure that proper training
be given to PWDs. Quality and accessible education should never be denied on them.
Various educational rights are also set forth in the following international laws:
a. The Convention on the Rights of the Child (1989)
The Convention on the Rights of the Child (1989) is the first international treaty to state
the full range of civil, political, economic, social, and cultural rights belonging to children. It is
an advocate for the protection of children’s rights, to help meet their basic needs and to expand
their opportunities to reach their full potential. A number of rights granted to children have been
mentioned. They are founded on respect for the dignity and worth of each individual, regardless
of race, colour, gender, language, religion, opinions, origins, wealth, birth status or ability to be
applied to every human being everywhere. Among these are the rights of a child to have a name,
to preserve his or her identity, to be cared for by parents, to take primary consideration on his or
her best interests, to be protected against discrimination, to facilitate their active participation in