Advocacy for Rights of Persons With Disabilities

8/9/2019 Advocacy for Rights of Persons With Disabilities

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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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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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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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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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SOCIAL PARTICIPATION

Environmental facto

Interaction

Personal factors

Human development model (RIPPH, 1996)

Intrinsic Extrinsic

i bili i


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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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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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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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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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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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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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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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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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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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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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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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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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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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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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General Principles: Dignity

Each human being is of inestimablevalue and nobody is insignificant

HandicapInternational


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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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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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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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Affirmative actions

Measures of preferential promotionof a usually disadvantagedcategory of persons.

Aiming at equalisation ofopportunities

Temporary measures


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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Advocacy for Rights of Persons With Disabilities

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