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Handicap International June2007
FACTS AND FIGURES
There are 600 to 650 million ofpersons with disabilities, about 10% ofthe world population (WHO)
About 500 million (82%) are living indeveloping countries (UN)
Increase in these figures with ageing
of the population
Persons with disabilities and theirfamilies are more affected by poverty
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The will of gods
Anything that cannot
be explained is
a manifestation of gods and
a source of beliefs.
Societys response => ritual practices, beliefs
Various approaches todisability
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Handicap International June 2007
Theoretical equality
Originally from the modern Westernphilosophy of Human rights, the principleof equality appears.
But this principle is notreally universal andthe persons with
disabilities are notalways recognized ashuman beings.
J.Cerda
pourHandicap
Internation
al
i i f di l
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Handicap International June2007
Disabled people aredefective, broken
they have to berepaired, restored tonormality
Beginning of medicalrehabilitation
Mutilated, injured, war veterans: Statesfeel responsible
J-P.Porcherpour
Handicap
International
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Handicap International June2007
The disability movement and socialinclusion
The Independent Living Movement wasborn in a Californian University and spreadin the US, the UK and a other countries
Disabled Peoples Organizations began toget organized and gain momentum.
The rise of disability as aHuman rights issue
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d d l f
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Handicap International June2007
The problem is in theindividual: the disability isthe direct result of thepersons impairment
Disability is only ahealth (thus medical)
issue
Solutions are designed by experts on the basis of
a diagnosis
Reference to People withDisabilities as an
oppressed minorityThe environment ofpersons with disabilitiesis a problem
The disability is the resultof social shortcomings interms of accessibility andequalisation of
opportunities
Disability viewedas individual
pathologyDisability viewedas social pathology
3. Opposed models fordisability
Adapted from Rioux, 1997 - Cit par Interactif dc 2002 - Understanding disability :
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Handicap International June2007
SOCIAL PARTICIPATION
Environmental facto
Interaction
Personal factors
Human development model (RIPPH, 1996)
Intrinsic Extrinsic
i bili i
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Handicap International June2007
4. Disability is a Humanrights issue
Disability is an unavoidable anduniversal part of human diversity.
A shift in perspective has taken placeon how to consider the person withdisabilities :
From object of charity and burden= approach of assistance
To subject of law = approach based
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Handicap International June2007
Human Rights apply to persons with disabilities
This shift implies that four core values of Human rights areespecially relevant in the context of disability :
Dignity: respect of physical and moral integrity of theperson...
Autonomy: capacity for self-directed action, decision and
behaviour Equality: prohibition of discrimination
Solidarity: collaboration, support
Everybody has the same rights and should have the sameaccess to their rights.
.
ESSENTIALS OF
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ESSENTIALS OFADVOCACY
Remember:A small group of
thoughtfulpeople couldchange theworld. Indeed,its the onlythingthat ever has.
Margaret Mead
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I have no legs,But I still have feelings,I cannot see,
But I think all the time,Although Im deaf,I still want tocommunicate,
Why do people see meas useless, thoughtless,talkless,When I am as capable
as any,
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Human rights have essential qualities that make themdifferent from otherideas or principles. Human Rights are:
Universal: human rights apply to every personin the world, regardless of their race, color,sex,ethnic or social origin, religion, language, nationality, age,sexual orientation, disability,or other status.They applyequally and without discrimination to each and every person. The
only requirement for having human rights is to be human.
Inherent:human rights are a natural part ofwho you are. The text of Article 1 of the Universal
Declaration of Human Rights (UDHR) begins All humanbeings are born free and equal in dignity and rights.
Inalienable: human rights automatically
belong to each human being. They do not need to begiven to people by their government or any other authority, nor can
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Human rights relate to oneanother in important ways.They are:
Indivisible: human rightscannot be separated from eachother;
Interdependent:human rights cannot be fullyrealized without each other;
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Handicap International June2007
Content of theConvention on the
rights of persons withdisabilities
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Convention on the Rightsof Persons withDisabilities
Convention Timeline
Adoption by the United NationsGeneral Assembly - 13 December 2006
Opened for signature - 30 March 2007
Entry into force 3 May 2008
Ratified by Philippines: April 15,2008
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Convention on the Rightsof Persons withDisabilities
What is unique about theConvention?
Both a development and ahuman rights instrument
A policy instrument which iscross-disability and cross-sectoral
Legally binding
1 Th t t f th
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Handicap International June2007
1. The structure of theConvention
Preamble
General articles: Art 1 Purpose
Art 2 Definitions
Art 3 General principles
Art 4 General obligations
Art 5 Equality and non-discrimination
Particular attention to some groups or situations:
Art 6 Women with disabilities Art 7 Children with disabilities
Art 11 Situations of risk and humanitarian emergencies
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Handicap International June2007
provisions specific to the Convention :
Art 8 Awareness-raising
Art 9 Accessibility Civil and political rights :
Art 10 Right to life
Art 12 Equal recognition before the law Art 13 Access to justice
Art 14 Liberty and security of person
Art 15 Freedom from torture or cruel,inhuman or degrading treatment orpunishment
Art 16 Freedom from exploitation, violence
and abuse
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Handicap International June2007
Art 17 Protecting the integrity of the person
Art 18 Liberty of movement and nationality
Art 21 Freedom of expression and opinion, andaccess to information
Art 22 Respect for privacy
Art 23 Respect for home and the family
Art 29 Participation in political and public life
Economic, social and cultural rights
Art 19 Living independently and being included
in the community Art 20 Personal mobility
Art 24 Education
Art 25 Health
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Handicap International June2007
Art 26 Habilitation and rehabilitation
Art 27 Work and employment
Art 28 Adequate standard of living and socialprotection
Art 30 Participation in cultural life, recreation,leisure and sport
Implementation Art 31 Statistics and data collection
Art 32 International cooperation
Art 37 Cooperation between States Parties andthe Committee
Art 38 Relationship of the Committee with otherbodies
Art 40 Conference of States Parties
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Handicap International June2007
Monitoring Art 33 National implementation and monitoring
Art 34 Committee on the rights of persons with
disabilities Art 35 Reports by States Parties Art 36 Consideration of reports Art 39 Report of the Committee
Finale terms Art 41 Depositary Art 42 Signature Art 43 Consent to be bound Art 44 Regional integration organizations Art 45 Entry into force
Art 46 Reservations Art 47 Amendments Art 48 Denunciation Art 49 Accessible format Art 50 Authentic texts
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Convention on the Rightsof Persons withDisabilities
2. Purpose of Convention(Article 1)
To promote, protect and ensurethe full and equal enjoyment of all
human rights and fundamentalfreedoms by all persons withdisabilities, and to promote
respect for their inherent dignity
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Handicap International June 2007
3. Preliminary information
The goal is to allowpersons withdisabilities to enjoythe same rights as
others
The Convention does not createnew rights
C.Acworth/Handicap
I
nternational
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Convention on the Rightsof Persons withDisabilities
4a. What is Disability? The Convention does notexplicitly define disability
Preamble of Convention states:
Disability is an evolving concept, and that disability results from the
interaction between persons with impairments and attitudinal and
environmental barriers that hinders full and effective participation in society
on an equal basis with others
Article 1 of the Convention states:
Persons with disabilities include those who have long-term physical,mental, intellectual or sensory impairments which in interaction with various
barriers may hinder their full and effective participation in society on an
equal basis with others.
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Convention on the Rightsof Persons withDisabilities
4b. What is Disability? Disability results from an interaction between a non-
inclusive society and individuals:
Person using a wheelchair might have difficulties gainingemployment not because of the wheelchair, but becausethere are environmental barriers such as inaccessible busesor staircases which impede access
Person with extreme near-sightedness who does not haveaccess to corrective lenses may not be able to performdaily tasks. This same person with prescription eyeglasseswould be able to perform all tasks without problems.
5 G l i i l
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Handicap International June2007
The Convention depends on a vision of aninclusive society in which everyone has the same
rights and opportunities.This vision is illustrated though8 general principles (art 3):
5. General principles
1. Respect for inherent dignity,
individual autonomy includingthe freedom to make ones own
choices, and independence of
persons
2.Non-discrimination
3.Participation and inclusion insociety
4.Respect for difference and
acceptance of persons with
disabilities as part of human
diversity and humanity
5.Equality of opportunity
6.Accessibility7.Equality between men
and women
8.Respect for the
evolving of children
with disabilities andrespect for the right of
children with disabilities
to preserve their
identities
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Handicap International June2007
General Principles: Dignity
Each human being is of inestimablevalue and nobody is insignificant
HandicapInternational
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Handicap International June 2007
General Principles: Autonomy andfreedom to make choices
Assure persons with disabilities the possibilityto be autonomous and to be free to makechoices in their private and family life.
PhRevelli
pourHandicap
International
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Handicap International June2007
General Principles: Non-discrimination
Prohibition of:
any distinction, exclusion orrestriction,
on the basis of disability,
which have the purpose or effect ofimpairing access to the humanrights.
General Principles: Non-
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General Principles: Non-discrimination
Encompasses doublediscrimination (sex, ethnicorigins)
Encompasses all forms of discrimination,including denial of reasonable
accommodation.
General Principles:
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Convention on the Rights
of Persons withDisabilities
General Principles:Non-discrimination
Fundamental principle of international human
rights law Includes direct and indirect discrimination reasonable accommodationmust be made for
persons with disabilities
reasonable accommodation: necessary andappropriate modification and adjustments notimposing a disproportionate or undue burden,where needed in a particular case, to ensure topersons with disabilities the enjoyment orexercise on an equal basis with others of all
human rights and fundamental freedoms
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Handicap International June 2007
Reasonable accommodation measures
Material measures aiming to equalization of
opportunities
M.Schmid
lin/Handicap
International
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Reasonable Accommodation include (1)improvement of existing facilities used byemployees in order to render these readilyaccessible to and usable by disabled persons;
and (2) modification of work schedules,reassignment to a vacant position, acquisitionor modification of equipment or devices,appropriate adjustments or modifications of
examinations, training materials or companypolicies,rules and regulations, the provisions of auxiliaryaids and services,and other similar
accommodations for disabled persons;
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General Principles: Equality of opportunities
Enable persons with disabilities to access, on anequal basis with others, to services, information
and activities
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Handicap International June2007
Affirmative actions
Measures of preferential promotionof a usually disadvantagedcategory of persons.
Aiming at equalisation ofopportunities
Temporary measures
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Convention on the Rights
of Persons withDisabilities
General Principles:Participation and Inclusion
Participation is important to correctly identifyspecific needs, and to empower the individual
Full and effective participation and inclusion insociety is recognized in the Convention as:
A general principle (article 3)
A general obligation (article 4)
A right (articles 29 and 30)
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Handicap International June 2007
General Principles:Full participation and inclusion
Persons with disabilities are integrated in allaspects of the public life, they are viewedas equal citizens.
L.Balme
pourHandicap
Internationa
l
General Principles:
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Convention on the Rights
of Persons withDisabilities
General Principles:Accessibility
Important as a means to empowerment and inclusion Both a general principle and a stand-alone article (article 9) Access must be ensured to:
Justice (article 13) Living independently and being included in the community
(article 19)
Information and communication services (article 21) Education (article 24) Health (article 25) Habilitation and rehabilitation (article 26) Work and employment (article 27) - human resource policies and
practices
Adequate standard of living and social protection (article 28) Participation in political and social life (article 29) Participation in cultural life, recreation, leisure and sport (article 30)
General Principles:
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Handicap International June 2007
General Principles:Accessibility
The physicalenvironment
The information and
communication
The States must fight against barriers to
participation of persons with disabilities in:
SannaLaitamo/Han
dicap
International
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Handicap International June2007
Raising awareness throughout society in order to fightagainst stereotypes, prejudices and nurturereceptiveness and promote positive perceptionstowards persons with disabilities.
General Principles: Respect fordifference
M.Seth
pourHandicap
Internation
al
G l P i i l E lit
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Handicap International June2007
General Principles: Equalitybetween men and women
The States shall takeinto consideration the
equality men/women inthe implementation of allhuman rights.
States parties must fight against all forms ofdiscrimination against women and girls by takingappropriate measures.
Handicap
In
ternational
General Principles: The evolving
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Handicap International June 2007
General Principles: The evolvingcapacities of children with disabilities
As for women with disabilities, theConvention considers the particularsituation of children with disabilities.
P.Drey
er/Handicap
Internatio
nal
The evolving capacities of children
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Handicap International June2007
The evolving capacities of childrenwith disabilities
The Convention recalls the obligationsundertaken by States parties to theConvention on the rights of the child.
The Convention recalls that the bestinterests of the child shall be a primaryconsideration in all actions concerning
children.
Rights in the Convention
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Convention on the Rights
of Persons withDisabilities
Rights in the Convention Equality before the law without
discrimination (article 5)
Right to life, liberty and security of
the person (articles 10 & 14) Equal recognition before the law
and legal capacity (article 12)
Freedom from torture (article 15)
Freedom from exploitation,violence and abuse (article 16)
Right to respect physical andmental integrity (article 17)
Freedom of movement andnationality (article 18)
Right to live in the community(article 19)
Freedom of expression andopinion (article 21)
Respect for privacy (article 22)
Respect for home and the family(article 23)
Right to education (article 24)
Right to health (article 25)
Right to work (article 27)
Right to adequate standard ofliving (article 28)
Right to participate in politicaland public life (article 29)
Right to participation in cultural
life (article 30)
ARTICLE 9
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ARTICLE 9Accessibility
1. The countries will eliminate barriers that people withdisabilities face in buildings, the outdoors, transport,
information, communication and services, in both cities and the
countryside. This way people with disabilities can live
independently and fully live their lives. They will make rules and
put them into practice for:
a. Buildings, roads, transportation, indoor and outdoor
objects, for example, schools, housing, hospitals, health centers,
and workplaces;b. Information, communications, and other things, for
example, electronic services and emergency services.
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2. The countries will also take action to:
a. Make, put in place, and oversee minimum standards for accessibility
forplaces and services that are open to public;
b. Make sure that private businesses and organizations that are open to
the public are accessible for people with disabilities;c. Train people who are involved in accessibility issues on what people
with disabilities need when it comes to accessibility;
d. Have Braille signs and easy to read and understand information in
buildings open to the public;
e. Provide help, such as readers, sign language interpreters and guides,so people with disabilities can access buildings open to the public;
f. Provide other types of help as needed so people with disabilities can
get access to information;
g. Promote access to new technologies for people with disabilities;
h. When looking for, and creating new technology, make sure thataccessibility is taken into account early on, so that this technology can be
made accessible at the smallest cost.
ARTICLE 19
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Living Independently and Being Included inthe CommunityThe countries agree that all people with disabilities have the same right as
anyone else to live in the community and to be fully included and participating
in the community. This includes making sure that people with disabilities:
a. Have the same opportunities as other people to choose
who they live with,
where they live, and are not forced to live in institutions or inother living arrangements that they do not like;
b. Have a range of choices on where and how to live in the
community, including personal assistance, to help with
inclusion and living in the community and preventing people with
disabilities from being isolated;c. People with disabilities can use community services that
are available to the public, which may need to be adapted to a
particular persons needs.
ARTICLE 20
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ARTICLE 20Personal Mobility
The countries will make sure that people with disabilitiescan move around with the greatest possible independence,
including:
a. Assisting people to move around in the way they
choose and at a cost that they can afford;b. Assisting people with disabilities to access mobility
aids and technology, including making sure they do not
cost a lot;
c. Providing training in mobility skills for people with
disabilities and staffworking with them;d. Encouraging those that produce mobility aids and
technology to take intoaccount all aspects of movement.
4 Oth bj t
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Handicap International June2007
The mainstreaming :
Consider the disability issue in all
development actions and at all stages(planning, implementation, monitoring,evaluation)
4. Other cross-subjects
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Handicap International June2007
The community based
support:
The appropriate services andresources have to be availableat the community level,
including in rural areas, in thefields of education, health,rehabilitation
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Handicap International June2007
The progressive realization:
On the economic, social and cultural rights, States can
invoke limited resources to justify not complying withimmediate implementation of these rights.
The States are not compelled to grant immediately the full enjoyment of economic,
social and cultural rights if they do not have enough resources. However the committee
on economic, social and cultural rights already has decided that some obligations require
an immediate realization. In particular the obligation to ensure the enjoyment of the
rights without discrimination and the obligation to take steps (to act) to the maximum of
the States available resources. These immediate obligations avoid the States refuse to
implement a Convention which they ratified under the pretext of a lack of resources. (see
general comment n3 committee on economic, social and cultural rights).
Some important notions
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The right to recognition everywhere
as persons before the law
The Convention reaffirms that all persons aresubjects of law (everybody has the same rights).
In principle persons with disabilities fully enjoytheir rights (legal capacity).
The States shall provide access by persons with
disabilities to the support the may requires inexercising their rights
Some exceptions to the full legal capacity arepermitted in strict conditions.
Some important notions
Situations of risk and humanitarian
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Handicap International June 2007
Situations of risk and humanitarianemergencies
States shall ensure the protection and safety ofpersons with disabilities in situations of armedconflict, humanitarian emergencies, theoccurrence of natural disasters, and other
situations which make them more vulnerable.J-P.Porcherp
ourHandicap
International
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Implementation
States parties to the Conventionmust :
Repeal laws conflicting with the
Convention (eliminate them).
Create new laws at national levelto implement the rights
guaranteed by the Convention. Include persons with disabilities in
all policies.
In summary : the implementation
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Handicap International June2007
Ratification Change of national legislation Change of policies Evolution of systems
Evolution of services and practices Disabled peoples lives
Challenges: reduce the gapsbetween legislation / policies and
practices / peoples lives
National and local level: key level foran effective implementation
In summary : the implementationprocess for the Convention
Monitoring and
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Convention on the Rights
of Persons withDisabilities
Monitoring andImplementation
All activities must include theparticipation of persons withdisabilities:
Nothing about us without
us
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Republic Act No. 7277
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pAN ACT PROVIDING FOR THE REHABILITATION,SELF-DEVELOPMENT AND SELF-RELIANCE OF
DISABLED PERSON AND THEIR INTEGRATIONINTO
THE MAINSTREAM OF SOCIETY AND FOR OTHERPURPOSES
(MAGNA CARTA FOR DISABLED PERSONS)
SECTION 3. Coverage This Actshall cover all disabled personsand,to the extent herein provided,departments, offices and agencies of
the National Government or non-government organization involved inthe attainment of the objectives of
this Act.
RIGHTS AND PRIVILEGES OF
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RIGHTS AND PRIVILEGES OFDISABLED PERSONS
EMPLOYMENT1. Equal Opportunity for EmploymentNo disabled persons shall be denied access to opportunities for suitableemployment. A qualified disabled employee shall be subject to the sameterms and conditions of employment and the same compensation, privileges,
benefits, fringe benefits, incentives or allowances as a qualified able-bodiedperson. Five percent (5%) of all casual, emergency and contractual positionsin the Department of Social Welfare and Development; Health; Education,Culture and Sports; and other government agencies, offices or corporationsengaged in socialdevelopment shall be reserved for disabled persons.
2.Sheltered Employment3. Apprenticeship4.Vocational Rehabilitation5.Vocational uidance and counsellin
EDUCATION
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EDUCATION
ACCESS TO QUALITY EDUCATIONThe State shall ensure that disabled persons areprovided with adequate access to quality education andample opportunities to develop their skills. It shall takeappropriate steps to make such education accessible to
all disabled persons. It shall be unlawful for any learninginstitutions to deny a disabled person admission to anycourse itoffers by reason of handicap or disability.Assistance to Disabled Students
The State shall provide financial assistance toeconomically marginalized but deservingdisabled students pursuing post secondary ortertiary education. Such assistance may be in theform of scholarship grants, student loan
programs, subsidies, and other incentives to
Special Vocational or
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pEducation TheState shall establish,
maintain and support acomplete, adequate andintegrated system of specialeducation for
the visually impaired,hearing impaired, mentallyretarded persons and othertypeof exceptional childrenin all regions of the country.
Towards this end, theDepartment of Education,Culture and Sports shallestablish special education
classes in public schools in
Vocational orTechnical andOther TrainingPrograms The State provide disabledpersons with training in civics,vocational efficiency, sports and
physical fitness, and other skills.The Department of Education,Culture and Sports shall establishin at least one government-ownedvocational and technical school inevery province a specialvocational and technical trainingprogram for disabled persons. Itshall develop and implementsports andphysical fitness program
specifically designed for disabled
Non-Formal Education The State shall
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State Universities and Colleges If viable and
needed,the State Universities or State Colleges in eachregion or province shall beresponsible for (a) the development of materialappliances and technical aids fordisabled persons; (b) the
development of training materials for vocationalrehabilitation and special education instructions; and (c)the research on special problems, particularly of thevisually-impaired, hearing-impaired, and orthopedically-impaired students, mentally retarded, and multi-
handicapped and other, and the elimination of social
develop nonformaleducation programs intended for the total human
development of disabled persons. It shall provideadequate resources for non-formal educationprogramsand projects that cater to the special needs of
disabled persons.
Health Services The State shall protect and
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Health Services The State shall protect andpromote theright to health of disabled persons and shall
adopt an integrated and comprehensiveapproach to their health development whichshall make essential health services available tothem at affordable cost.
Auxiliary Social Services The State
shall ensure thatmarginalized persons are provided with thenecessary auxiliary services that will restoretheir social functioning and participation in
community affairs. Toward this end, theDepartment of Social Welfare and Developmentshall develop and implement programs onauxiliary social services that respond to the
Mobility The State promote the mobility
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y p yof disabledpersons. Disabled persons shall be allowed to
drive motor vehicles, subject to the rules andregulations issued by the Land TransportationOffice pertinent to the nature of their disabilityand the appropriate adaptations or
modifications made on such vehicles.Access to Public TransportFacilities The Department of SocialWelfare and Development shall developa program to assist marginalized
disabled persons gain access in the useof public transportfacilities. Such assistance may be in theform of subsidized transportation fare.
Political and Civil Rights
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gSystem of Voting Disabled persons shall
be allowed to be assistedby a person of his choice invoting in the national orlocal elections. The personthus chosen shall prepare
ballot for the disabled voterinside thevoting booth.
Right to Assemble Consistent with the provisions ofthe Constitution, the State shall
recognize the right of disabledpersons to participate inprocessions, rallies, parades,demonstrations, public
meetings, and assemblages or
Right to OrganizeThe State recognize
the rights ofdisabled persons toform organizations orassociations thatpromote their welfareand advance orsafeguard theirinterests. The NationalGovernment, through
itsagencies,instrumentalities andsubdivisions, shall
assist disabled persons-
DISCRIMINATION
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DISCRIMINATIONAGAINST DISABLED
PERSONSDiscrimination on Employment Noentity, whetherpublic or private, shall discriminate against a qualifieddisabled person by reason of disability in regard to job
application procedures, the hiring, promotion, ordischarge of employees, employee compensation, jobtraining, and other terms,conditions, and privileges of employment.Discrimination on TransportationSECTION 34. Public Transportation It shall beconsidereddiscrimination for the franchises or operators andpersonnel of sea, land, and air transportation facilities tocharge higher fare or to refuse to convey a passenger,
his orthopedic devices, personal effects, and
Discrimination on the Use of PublicA d ti
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Accommodations (a) No disabled persons shall be discriminated
on the basis of disability in the full and equalenjoyment of the goods, services, facilities,privileges, advantages or accommodations ofany place of public accommodation by any
person who owns, leases, or operates a place ofpublic accommodation.Use of Government
Recreational or Sports CentersFree of Charge Recreational or
sports centers owned oroperated by theGovernment shall be used, free ofcharge, by marginalized disabled
persons
SECTION 39. Housing Program The National Government SECTION 41. Support From
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The National Government
shall take into consideration in its
national shelter programs the
special housing requirement of
disabled persons.
SECTION 40. Role of National Agencies
and Local Government Units
Local government units shall promote
the establishment of organizations ofdisabled persons in their respective
territorial jurisdictions. National agencies
and local government units may enter into
joint ventures with organizations or
associations of disabled persons toexplore livelihood opportunities and other
undertaking that shall enhance the health,
physical fitness and the economic and
social well-being of disabled persons
SECTION 41. Support From
Non-government Organizations
Nongovernment
organizations or private volunteer
organizations dedicated to thepurpose of promoting and
enhancing the welfare of disabled
persons shall, as they, are hereby
encouraged, become partners of
the Government in theimplementation of vocational
rehabilitation measures and other
related programs and projects.
Accordingly, their participation in
the implementation of said
measures, program and projects
is to be extended all possible
support by the Government.
BATAS PAMBANSA BLG. 344AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSONS BY
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AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSONS BYREQUIRING CERTAIN BUILDINGS, INSTITUTIONS, ESTABLISHMENTSAND PUBLIC UTILITIES TO INSTALL FACILITIES AND OTHER DEVICES.
SECTION 1. In order to promote the realization of the rights of disabled
persons to participate fully in the social life and the development of the
societies in which they live and the enjoyment of the opportunities available to
other citizens, no license or permit for the construction, repair or renovation of
public and private buildings for public use, educational institutions, airports,
sports and recreation centers and complexes, shopping centers or
establishments, public parking places, work-places, public utilities, shall be
granted or issued unless the owner or operator thereof shall install and
incorporate in such building, establishment, institution or public utility, such
architectural facilities or structural features as shall reasonably enhance the
mobility of disabled persons such as sidewalks, ramps, railings and the like. Iffeasible, all such existing buildings, institutions, establishments, or public
utilities may be renovated or altered to enable the disabled persons to have
access to them;
P id d h Th t b ildi i tit ti t bli h t bli
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SECTION. 2. In case of public conveyance, devices such as theprominent display of posters or stickers shall be used to generate public
awareness of the rights of the disabled and foster understanding of their
special needs. Special bus stops shall be designed for disabled persons.
Discriminating against disabled persons in the carriage or transportation
of passengers is hereby declared unlawful.
In the case of the parking place of any of the above institutions,
buildings, or establishment, or public utilities, the owner or operator
shall reserve sufficient and suitable space for the use of disabled
persons.
: Provided, however, That buildings, institutions, establishments, or public
utilities to be constructed or established for which licenses or permits had
already been issued may comply with the requirements of this law:
Provided, further, That in case of government buildings, street and
highways, the Ministry of Public Works and Highways shall see to it that
the same shall be provided with architectural facilities or structural
features for disabled persons.
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Reasonable Accommodation:
A person with disabilities may require areasonable accommodation, such as awheelchairor more time to accomplish a task. Areasonable accommodation is simply aresource or ameasure designed to promote fullparticipation and access and to empower aperson to act
on his or her own behalf. This approach isnot the same as trying to fix the person orfix thedisability (the Medical Model) or assuming
that people with disabilities are incapable of
Positive Attitudes and Concepts:
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Positive Attitudes and Concepts:Disability as a Natural Part of Human
DiversityEveryone is different, whether that difference relates tocolor, gender, ethnicity, size, shape, or anything else. Adisability is no different. It may limit a persons mobility ortheir ability to hear, see, taste, or smell. A psycho-social
disability or intellectual disability, may affect theway people think, feel, or process information.Regardless of its characteristics, disability neithersubtracts from nor adds to a persons humanity, value or
rights. It is simply a feature of a personThe Social Model of Disability:This model focuses on eliminating the barriers created by the social and
physical environment that inhibit the ability of persons with disabilities to
exercise their human rights. This includes,for instance, promoting positive
attitudes and perceptions, modifying the built environment, providing
THE HUMAN RIGHTS
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APPROACH TODISABILITYThe Human Rights Approach to Disability focuses on
the inherent human rights of persons with disabilities.This approach:
Identifies persons with disabilities as rights holders
and subjects of human rights law on an equal basiswith all people Recognizes and respects a persons disability as anelement of natural human diversity, on the samebasis as race or gender, and addresses the disability-specific prejudices, attitudes, and other barriers tothe enjoyment of human rights Places the responsibility on society andgovernments for ensuring that political, legal, social,
and physical environments support the human rights
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BARRIERS TO ACCESSIBILITY
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Physical:
These barriers include environmental barriers,especially those that exist in the built (in otherwords, human-made) infrastructure. They are someof the first barriers that people think of when
considering access for people with disabilities, asthey are the most obvious. For example, manypeople are now aware of the importance of rampsfor wheelchair access to buildings with stairs or theneed for curb-cuts in side-walks to facilitate street-level access. Other physical barriers may be lessobvious, however. For example, many people areunaware of the barriers faced by little people, whofrequently have to interact with a built-environment
primarily designed for average-sized people. In
Habilitation refersto a process aimed ath l i l i t i kill
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helping people gain certain new skills,
abilities,and knowledge. Rehabilitation refers tore-gaining skills, abilities or knowledge that mayhave been lost or compromised as a result of acquiringa disability, or due to a change in ones disability orcircumstances.The goals of habilitation and rehabilitation asdefined in the Convention on the Rights of Persons with
Disabilities (CRPD) are to enable persons with disabilitiesto attain and maintain maximum independence, fullphysical, mental, social and vocational ability, and fullinclusion and participation in all aspects of life. As withany other form of service or treatment, a rights-based approachto habilitation and rehabilitation requires the full participation andconsent of persons with disabilities.
Unlike reasonable accommodation,habilitation and rehabilitation focus onequipping the individual with the specificknowledge, tools, or resources that he or she requiresrather than ensuring that the general environment,
program, practice or job includes the features needed
Informational
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Informational:
Both the form and content of information can
constitute barriers to access for people withdisabilities. For example, publications or websites insmall print or without adequate visual contrast may beinaccessible to people with low vision. Television that
does not include captioning, subtitles, or in-set signlanguage interpretation will be inaccessible to peoplewho are deaf. Similarly, television programming mayalso be inaccessible to people who are blind unlessaudio-description is available. Information that is not inBraille or other appropriate tactile forms may beinaccessible to people who are blind. In addition toform, the content of information is also of criticalimportance. For example, information that is not
provided in plain language is unlikely to be accessible
Institutional:
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Institutional:
These include legislation, practices,or processes that actively prohibit orfail to facilitate access by people withdisabilities. For example, in some
countries people with psycho-socialdisabilities are expressly prohibited fromparticipating in voting, whileother people with disabilities may beunable to vote because of the absence oflegislation or practice that ensures thatthey can both gain physical access to
polling venues or voting booths and have
Attitudinal:
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Perhaps the most pervasive barrier is the attitudes ofmany people.
Sometimes peoples myths and stereotypes aboutpeople with disabilities can cause societiesunconsciously to create accessibility barriers. In othercases barriers are created or maintained simply because peopleare unaware of their existence and the detrimental effect they
have on the lives of persons with disabilities. For example, arestaurant owner may mistakenly believe that their restaurant isaccessible to wheelchair users because there are only a coupleof steps at the entrance, and may not appreciate the need forpeople to be able to enter and exit safely and independently.
Such lack of awareness can have especially detrimentalconsequences in the area of technology.Although technology has the potential to enhance access forpeople with disabilities, technological advances that occurwithout incorporating accessibility features can create barriers.For instance, at a time when people increasingly rely uponmobile phones and the internet as sources of information and
The Ten Principles of IndependentLiving
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LivingIn some countries independent living centers provide supports,services and other
assistance to empower people with disabilities to exercise their rightto live independently and with dignity in their communities. Many ofthese centers subscribe to common principles that reflect thephilosophy of independent living. These principles are:
1. Human rights: equal rights and opportunities for all;no segregation bydisability type or stereotype.
2. Consumerism: a person (consumer or customer)who is using or buying a service or product decides what isbest for him- or herself.
3. De-institutionalization:no person should beinstitutionalized (formally by a building, program, or family)on the basis of disability.
4. De-medicalization:people with disabilities arenot sick, as prescribed by the assumptions of the medical
6. Advocacy: systemic, systematic, long-term, andcommunity-wide change
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community wide changeactivities are needed to ensure that people with disabilitiesbenefit from allthat society has to offer.
7. Barrier removal: in order for human rights,consumerism, deinstitutionalization,de-medicalization, andself-help to occur, architectural,
communication and attitudinal barriers must be removed.
8. Consumer control: the organizations best suited tosupport and assistindividuals with disabilities are governed, managed, staffedand operated bypeople with disabilities.
9. Peer role models: leadership for livingindependently and disability rights is vested in individuals
with disabilities, not parents, service providers, or other
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