Assistance to PWDs

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Assistance to PWDs on Election DayAtty. Erwin M. Caliba

PPCRV Pre-Election National Conference

March 6-8, 2013

Pius XII Catholic Center


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International Law

Universal Declaration of Human

Rights (Sec. 1 & 3, Article 21),

1948

International Covenant on Civil

and Political Rights (Article 25),

1976

Convention on the Rights of

Persons with Disabilities, 2008


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Domestic Law

1987 Constitution (Sec. 2, par. 2, Article V), 1987

R.A. No. 8189 Voters Registration Act of 1996,

1996

B.P. Blg. 881 Omnibus Election Code, 1985 R.A. No. 7277 Magna Carta for Disabled Persons,

1992

R.A. 10366 An Act Authorizing the Commission on

Elections to Establish Precincts Assigned toAccessible Polling Places Exclusively for Persons with

Disabilities and Senior Citizens, signed on February

15, 2013 and to take effect on July 1, 201


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RA 10366SEC. 9. Creation of Precincts for Persons with

Disabilities and Senior Citizens.The Commissionis hereby authorized to establish precincts of a

nonterritorial nature, exclusively for persons with

disabilities and senior citizens who in their

registration records manifest their intent to avail of

their right to a separate precinct under this

section. Pursuant hereto, the Commission shall

establish at least one (1) such precinct, assigned

to accessible polling places, for every voting

center. Such precincts shall be provided withassistive devices as well as the services of experts

in assisting persons with disabilities.

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Definition

Persons with disabilities include thosewho have long-term physical, mental,intellectual or sensory impairments

which in interaction with various barriers

may hinder them full and effectiveparticipation in society on an equal basis

with others.

--Article 1, UN Convention on the Rights of

Persons with Disabilities, 2008

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Classification of Disabilities forElection Purposes

1. Physical

2. Hearing

3. Speech

4. Visual5. Non-manifest

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Types of Assistance

1. Assistor

2. Communication Assistance

3. Accessible Precinct

4. Visual Assistance

5. None

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Updating of RegistrationRecords

- indicating in the SupplementaryData the type of disability and the

assistance needed on election day


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Commission on Elections 1010

1. Polling Place on the GroundFloor

2. Accessible Polling Place (APP)3. Voting in the Assigned Polling

Place (PWDs with Unupdated Registration

Records)


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Comelec Resolution 9485 or the Rulesand Regulations for Voting of Persons with

Disabilities and for Establishment of Accessible

Polling Places in Connection with the May 13,

2013 Elections, June 29, 2012

Assignment of clustered precincts with PWD

voters at the ground floor

Establishment of APP in selected voting

centers

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Sec 42, Comelec Resolution No.

9640 or the General Instructionsfor

the BEI, February 15, 2013

PWDs, Senior Citizens and Escorted

Detainee Voters shall be afforded their

right to express lane and made to voteupon arrival

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ACCESSIBLE POLLING PLACE


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Procedure in the APP

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Waiting Area in the APP

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Establishment of a Waiting Area for PWDs inside

the Voting Center The EO in coordination with the principal or

administrative officer of the voting center shall

establish a waiting area for PWDs inside the

voting center preferably near the gate or aclassroom beside the accessible polling place.

The Election Officer may coordinate with the

local government units to ensure that tents andchairs will be provided in the waiting area. (Sec.

3, Resolution No. 9485)


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Pilot APPs in 2 Voting Centers in

Dasmarias City

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1. Salawag Elementary School - 528 PWD voters

2. Area E Elementary School - 294 PWD voters


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ASSISTANCE FOR PWDs


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1. Assistor

-PWD or Illiterate voters listed in the EDCVL- preparation of the ballot and feeding to the

machine

Preparation - Assistor must be a relative within

the 4thdegree of sanguinity or consaguinity, any

person of confidence belonging to same household

or any member of the BEI

All assistors must be of voting age

No assistor may assist the PWD voters for more

than three (3) times except the BEI members


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Assistor shall, in the presence of the PWD voter,

prepare the ballot using a ballot secrecy folder

Assistor shall bind himself in writing and under oath

to fill the ballot strictly in accordance with the

instructions of the voter and not reveal the contents

thereof, by affixing his signature in the appropriatespace in the Minutes of Voting.

Feeding- Third Member of the BEI or support staff

who make sure the contents of the ballot are notdisplayed


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2. Communication Assistance

- Sign language interpretation, or- use of writing materials and papers to

communicate, or

- any other mechanism that allows persons

with disabilities related to speech and/or

hearing to communicate their concerns to

BEI or SBEI-PWD


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3. Physical Accessibility

-Parking /Drop-off point

-Accessibility Sign-Ramps with handrails

-Rest rooms-Non-skid flooring


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PROJECT EASE Ensuring Accessibility of Schools on

Elections

Accessibility Audit

Audit Teams formed by Comelec, DPWH,

DepEd, NCDA, LGUs, UAP and PWD

Sectors


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4. Visual Assistance- Reading aloud of the printed instructions and

forms, or

-providing recorded voice instructions, or

- printing of voting instructions in large letters or

-any other mechanism that can be utilized by the

persons with disability related to sight. (e.g. Braille)


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Note The Commission, through the Election Officer,

shall designate members of the accreditedcitizens armswho may assist PWDs in the

accessible polling place. (Section 2, Resolution

No. 9845)


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CONCLUSION

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Mabuhay ang mga

PWDs!

Maraming Salamat Po!

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Photo Credits:

Inter-Agency and NGO Network on Empowering PWDs

COMELEC EID

Office of Retired Comm. Rene V. Sarmiento

Google

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Assistance to PWDs

Documents

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