Advocacy-for-Rights-of-Persons-With-Disabilities

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ADVOCACY FOR HUMAN RIGHTS OF PERSONS WITH DISABILITIES

FACTS AND FIGURES : 

© Handicap International June 2007 FACTS AND FIGURES There are 600 to 650 million of persons with disabilities, about 10% of the world population (WHO) About 500 million (82%) are living in developing countries (UN) Increase in these figures with ageing of the population Persons with disabilities and their families are more affected by poverty

Various approaches to disability : 

© Handicap International June 2007 The will of gods Anything that cannot be explained is a manifestation of gods and a source of beliefs. Society’s response => ritual practices, beliefs Various approaches to disability

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© Handicap International June 2007 The charity Persons with disabilities are a load for society; they live mainly off charity and have a lower social status. Society’s response => basic medical treatment…

Theoretical equality : 

© Handicap International June 2007 Theoretical equality Originally from the modern Western philosophy of Human rights, the principle of equality appears. But this principle is not really universal and the persons with disabilities are not always recognized as human beings. © J. Cerda pour Handicap International

Beginning of medical rehabilitation : 

© Handicap International June 2007 Disabled people are defective, “broken” they have to be repaired, restored to “normality” Beginning of medical rehabilitation Mutilated, injured, war veterans: States feel responsible © J-P. Porcher pour Handicap International

The rise of disability as a Human rights issue : 

© Handicap International June 2007 The disability movement and social inclusion The Independent Living Movement was born in a Californian University and spread in the US, the UK and a other countries Disabled People’s Organizations began to get organized and gain momentum. The rise of disability as a Human rights issue

The Human rights approach to disability : 

© Handicap International June 2007 The Human rights approach to disability Persons with disabilities and their representatives claim their rights and fight to have them implemented. The whole community has a duty to enable persons with disabilities to fully participate in political and social life. © Vida Brazil pour Handicap International

Opposed models for disability : 

© Handicap International June 2007 The problem is in the individual: the disability is the direct result of the person’s impairment Disability is only a health (thus medical) issue Solutions are designed by « experts » on the basis of a diagnosis Focus: elimination or cure of disability ; normalisation Reference to People with Disabilities as an oppressed minority The environment of persons with disabilities is a problem The disability is the result of social shortcomings in terms of accessibility and equalisation of opportunities Focus: elimination of physical, social, economic barriers Disability viewed as individual pathology Disability viewed as social pathology Opposed models for disability Adapted from Rioux, 1997 - Cité par Interactif déc 2002 - Understanding disability : look, then act

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© Handicap International June 2007 SOCIAL PARTICIPATION Environmental factors Interaction Personal factors Human development model (RIPPH, 1996) Intrinsic Extrinsic

Disability is a Human rights issue : 

© Handicap International June 2007 Disability is a Human rights issue Disability is an unavoidable and universal part of human diversity. A shift in perspective has taken place on how to consider the person with disabilities : From object of charity and burden = approach of assistance To subject of law = approach based on the respect of any human being.

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© Handicap International June 2007 Human Rights apply to persons with disabilities This shift implies that four core values of Human rights are especially relevant in the context of disability : Dignity: respect of physical and moral integrity of the person... 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 same access to their rights. .

ESSENTIALS OF ADVOCACY : 

ESSENTIALS OF ADVOCACY Remember: “A small group of thoughtful people could change the world. Indeed, it’s the onlything that 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 I’m deaf, I still want to communicate, Why do people see me as useless, thoughtless, talkless, When I am as capable as any, For thoughts about our world. —Coralie Severs, 14, United Kingdom AWARENESS OF RIGHTS

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Human rights have essential qualities that make them different from other ideas or principles. Human Rights are: Universal: human rights apply to every person in the world, regardless of their race, color,sex, ethnic or social origin, religion, language, nationality, age, sexual orientation, disability,or other status. They apply equally 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 of who you are. The text of Article 1 of the Universal Declaration of Human Rights (UDHR) begins “All human beings are born free and equal in dignity and rights.” Inalienable: human rights automatically belong to each human being. They do not need to be given to people by their government or any other authority, nor can they be taken away.Nobody can tell you that you do not have these rights. Even if your rights are violated or you are prevented from claiming your human rights, you are still entitled to these rights.

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Human rights relate to one another in important ways. They are: Indivisible: human rights cannot be separated from each other; Interdependent: human rights cannot be fully realized without each other; Interrelated: human rights affect each other.

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LEGAL SOURCES OF YOUR HUMAN RIGHTS

Content of the Convention on the rights of persons with disabilities : 

© Handicap International June 2007 Content of the Convention on the rights of persons with disabilities

Convention Timeline : 

Convention on the Rights of Persons with Disabilities Convention Timeline Adoption by the United Nations General Assembly - 13 December 2006 Opened for signature - 30 March 2007 Entry into force – 3 May 2008 Ratified by Philippines: April 15,2008

What is unique about the Convention? : 

Convention on the Rights of Persons with Disabilities What is unique about the Convention? Both a development and a human rights instrument A policy instrument which is cross-disability and cross-sectoral Legally binding

The structure of the Convention : 

© Handicap International June 2007 The structure of the Convention 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 June 2007 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 or punishment Art 16 Freedom from exploitation, violence and abuse

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© Handicap International June 2007 Art 17 Protecting the integrity of the person Art 18 Liberty of movement and nationality Art 21 Freedom of expression and opinion, and access 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 June 2007 Art 26 Habilitation and rehabilitation Art 27 Work and employment Art 28 Adequate standard of living and social protection 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 and the Committee Art 38 Relationship of the Committee with other bodies Art 40 Conference of States Parties

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© Handicap International June 2007 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

2. Purpose of Convention (Article 1) : 

Convention on the Rights of Persons with Disabilities 2. Purpose of Convention (Article 1) To promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity

3. Preliminary information : 

© Handicap International June 2007 3. Preliminary information The goal is to allow persons with disabilities to enjoy the same rights as others The Convention does not create new rights © C. Acworth / Handicap International

4a. What is Disability? : 

Convention on the Rights of Persons with Disabilities 4a. What is Disability? The Convention does not explicitly 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’.

4b. What is Disability? : 

Convention on the Rights of Persons with Disabilities 4b. What is Disability? Disability results from an interaction between a non-inclusive society and individuals: Person using a wheelchair might have difficulties gaining employment not because of the wheelchair, but because there are environmental barriers such as inaccessible buses or staircases which impede access Person with extreme near-sightedness who does not have access to corrective lenses may not be able to perform daily tasks. This same person with prescription eyeglasses would be able to perform all tasks without problems.

5. General principles : 

© Handicap International June 2007 The Convention depends on a vision of an inclusive society in which everyone has the same rights and opportunities.This vision is illustrated though 8 general principles (art 3): 5. General principles Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons 2.Non-discrimination 3.Participation and inclusion in society 4.Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity 5.Equality of opportunity 6.Accessibility 7.Equality between men and women 8.Respect for the evolving of children with disabilities and respect for the right of children with disabilities to preserve their identities

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© Handicap International June 2007 General Principles: Dignity Each human being is of inestimable value and nobody is insignificant © Handicap International

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© Handicap International June 2007 General Principles: Autonomy and freedom to make choices Assure persons with disabilities the possibility to be autonomous and to be free to make choices in their private and family life. © Ph Revelli pour Handicap International

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© Handicap International June 2007 General Principles: Non-discrimination Prohibition of: any distinction, exclusion or restriction, on the basis of disability, which have the purpose or effect of impairing access to the human rights.

General Principles: Non-discrimination : 

General Principles: Non-discrimination Encompasses double discrimination (sex, ethnic origins…) Encompasses all forms of discrimination, including denial of reasonable accommodation.

General Principles: Non-discrimination : 

Convention on the Rights of Persons with Disabilities General Principles: Non-discrimination Fundamental principle of international human rights law Includes direct and indirect discrimination reasonable accommodation must be made for persons with disabilities reasonable accommodation: ‘necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise 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. Schmidlin / Handicap International

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Reasonable Accommodation include (1) improvement of existing facilities used by employees in order to render these readily accessible to and usable by disabled persons; and (2) modification of work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examinations, training materials or company policies, rules and regulations, the provisions of auxiliary aids 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 an equal basis with others, to services, information and activities

Affirmative actions : 

© Handicap International June 2007 Affirmative actions Measures of preferential promotion of a usually disadvantaged category of persons. Aiming at equalisation of opportunities Temporary measures

General Principles:Participation and Inclusion : 

Convention on the Rights of Persons with Disabilities General Principles:Participation and Inclusion Participation is important to correctly identify specific needs, and to empower the individual Full and effective participation and inclusion in society 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 all aspects of the public life, they are viewed as equal citizens. © L. Balme pour Handicap International

General Principles: Accessibility : 

Convention on the Rights of Persons with Disabilities 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: Accessibility : 

© Handicap International June 2007 General Principles: Accessibility The physical environment The information and communication The States must fight against barriers to participation of persons with disabilities in: © Sanna Laitamo / Handicap International

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© Handicap International June 2007 Raising awareness throughout society in order to fight against stereotypes, prejudices and nurture receptiveness and promote positive perceptions towards persons with disabilities. General Principles: Respect for difference © M. Seth pour Handicap International

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© Handicap International June 2007 General Principles: Equality between men and women The States shall take into consideration the equality men/women in the implementation of all human rights. States parties must fight against all forms of discrimination against women and girls by taking appropriate measures. © Handicap International

General Principles: The evolving capacities of children with disabilities : 

© Handicap International June 2007 General Principles: The evolving capacities of children with disabilities As for women with disabilities, the Convention considers the particular situation of children with disabilities. © P. Dreyer / Handicap International

The evolving capacities of children with disabilities : 

© Handicap International June 2007 The evolving capacities of children with disabilities The Convention recalls the obligations undertaken by States parties to the Convention on the rights of the child. The Convention recalls that the best interests of the child shall be a primary consideration in all actions concerning children.

Rights in the Convention : 

Convention on the Rights of Persons with Disabilities 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 and mental integrity (article 17) Freedom of movement and nationality (article 18) Right to live in the community (article 19) Freedom of expression and opinion (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 of living (article 28) Right to participate in political and public life (article 29) Right to participation in cultural life (article 30)

ARTICLE 9Accessibility : 

ARTICLE 9Accessibility 1. The countries will eliminate barriers that people with disabilities 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 for places 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 that accessibility is taken into account early on, so that this technology can be made accessible at the smallest cost.

ARTICLE 19Living Independently and Being Included in the Community : 

ARTICLE 19Living Independently and Being Included in the Community The 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 in other 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 person’s needs.

ARTICLE 20Personal Mobility : 

ARTICLE 20Personal Mobility The countries will make sure that people with disabilities can 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 staff working with them; d. Encouraging those that produce mobility aids and technology to take intoaccount all aspects of movement.

Other cross-subjects : 

© Handicap International June 2007 The mainstreaming : Consider the disability issue in all development actions and at all stages (planning, implementation, monitoring, evaluation…) Other cross-subjects

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© Handicap International June 2007 The community based support: The appropriate services and resources have to be available at the community level, including in rural areas, in the fields of education, health, rehabilitation…

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© Handicap International June 2007 The progressive realization: On the economic, social and cultural rights, States can invoke limited resources to justify not complying with immediate 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 State’s 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 n°3 committee on economic, social and cultural rights).

The right to recognition everywhere as persons before the law : 

© Handicap International June 2007 The right to recognition everywhere as persons before the law The Convention reaffirms that all persons are subjects of law (everybody has the same rights). In principle persons with disabilities fully enjoy their rights (legal capacity). The States shall provide access by persons with disabilities to the support the may requires in exercising their rights Some exceptions to the full legal capacity are permitted in strict conditions. Some important notions

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© Handicap International June 2007 Situations of risk and humanitarian emergencies States shall ensure the protection and safety of persons with disabilities in situations of armed conflict, humanitarian emergencies, the occurrence of natural disasters, and other situations which make them more vulnerable. © J-P. Porcher pour Handicap International

Implementation : 

© Handicap International June 2007 Implementation States parties to the Convention must : Repeal laws conflicting with the Convention (eliminate them). Create new laws at national level to implement the rights guaranteed by the Convention. Include persons with disabilities in all policies.

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© Handicap International June 2007 Ratification Change of national legislation Change of policies Evolution of systems Evolution of services and practices Disabled people’s lives Challenges: reduce the gaps between legislation / policies and practices / people’s lives National and local level: key level for an effective implementation In summary : the implementation process for the Convention

Monitoring and Implementation : 

Convention on the Rights of Persons with Disabilities Monitoring and Implementation All activities must include the participation of persons with disabilities: ‘Nothing about us without us’

Republic Act No. 7277AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSON AND THEIR INTEGRATIONINTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES (MAGNA CARTA FOR DISABLED PERSONS) : 

Republic Act No. 7277AN ACT PROVIDING FOR THE REHABILITATION, SELF-DEVELOPMENT AND SELF-RELIANCE OF DISABLED PERSON AND THEIR INTEGRATIONINTO THE MAINSTREAM OF SOCIETY AND FOR OTHER PURPOSES (MAGNA CARTA FOR DISABLED PERSONS) SECTION 3. Coverage – This Act shall cover all disabled persons and,to the extent herein provided, departments, offices and agencies of the National Government or non-government organization involved in the attainment of the objectives of this Act.

RIGHTS AND PRIVILEGES OF DISABLED PERSONS : 

RIGHTS AND PRIVILEGES OF DISABLED PERSONS EMPLOYMENT 1. Equal Opportunity for Employment No disabled persons shall be denied access to opportunities for suitable employment. A qualified disabled employee shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person. Five percent (5%) of all casual, emergency and contractual positions in the Department of Social Welfare and Development; Health; Education, Culture and Sports; and other government agencies, offices or corporations engaged in social development shall be reserved for disabled persons. 2.Sheltered Employment 3. Apprenticeship 4. Vocational Rehabilitation 5.Vocational guidance and counselling

EDUCATION : 

EDUCATION ACCESS TO QUALITY EDUCATION The State shall ensure that disabled persons are provided with adequate access to quality education and ample opportunities to develop their skills. It shall take appropriate steps to make such education accessible to all disabled persons. It shall be unlawful for any learning institutions to deny a disabled person admission to any course itoffers by reason of handicap or disability. Assistance to Disabled Students – The State shall provide financial assistance to economically marginalized but deserving disabled students pursuing post secondary or tertiary education. Such assistance may be in the form of scholarship grants, student loan programs, subsidies, and other incentives to qualified disabled students in both public and private schools.

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Special Education – The State shall establish, maintain and support a complete, adequate and integrated system of special education for the visually impaired, hearing impaired, mentally retarded persons and other typeof exceptional children in all regions of the country. Towards this end, the Department of Education, Culture and Sports shall establish special education classes in public schools in cities, or municipalities. Vocational or Technical and Other Training Programs – The State provide disabled persons with training in civics, vocational efficiency, sports and physical fitness, and other skills. The Department of Education, Culture and Sports shall establish in at least one government-owned vocational and technical school in every province a special vocational and technical training program for disabled persons. It shall develop and implement sports and physical fitness program specifically designed for disabled persons taking into consideration the nature of their handicap.

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State Universities and Colleges – If viable and needed,the State Universities or State Colleges in each region or province shall be responsible for (a) the development of material appliances and technical aids fordisabled persons; (b) the development of training materials for vocational rehabilitation and special education instructions; and (c) the research on special problems, particularly of the visually-impaired, hearing-impaired, and orthopedically-impaired students, mentally retarded, and multi-handicapped and other, and the elimination of social barriers and discrimination against disabled persons; and (d) inclusion of the Special Education for Disabled (SPED) course in the curriculum. Non-Formal Education – The State shall develop nonformal education programs intended for the total human development of disabled persons. It shall provide adequate resources for non-formal education programs and projects that cater to the special needs of disabled persons.

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Health Services – The State shall protect and promote the right to health of disabled persons and shall adopt an integrated and comprehensive approach to their health development which shall make essential health services available to them at affordable cost. Auxiliary Social Services – The State shall ensure that marginalized persons are provided with the necessary auxiliary services that will restore their social functioning and participation in community affairs. Toward this end, the Department of Social Welfare and Development shall develop and implement programs on auxiliary social services that respond to the needs of marginalized disabled persons.

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Mobility – The State promote the mobility of disabled persons. Disabled persons shall be allowed to drive motor vehicles, subject to the rules and regulations issued by the Land Transportation Office pertinent to the nature of their disability and the appropriate adaptations or modifications made on such vehicles. Access to Public Transport Facilities – The Department of Social Welfare and Development shall develop a program to assist marginalized disabled persons gain access in the use of public transport facilities. Such assistance may be in the form of subsidized transportation fare.

Political and Civil Rights : 

Political and Civil Rights System of Voting – Disabled persons shall be allowed to be assisted by a person of his choice in voting in the national or local elections. The person thus chosen shall prepare ballot for the disabled voter inside the voting booth. Right to Assemble – Consistent with the provisions of the Constitution, the State shall recognize the right of disabled persons to participate in processions, rallies, parades, demonstrations, public meetings, and assemblages or other forms of mass or concerted action held in public. Right to Organize – The State recognize the rights of disabled persons to form organizations or associations that promote their welfare and advance or safeguard their interests. The National Government, through its agencies, instrumentalities and subdivisions, shall assist disabled persons in establishing self-help organizations by providing them with necessary technical and financial assistance.

PROHIBITION ON DISCRIMINATIONAGAINST DISABLED PERSONS : 

PROHIBITION ON DISCRIMINATIONAGAINST DISABLED PERSONS Discrimination on Employment – No entity, whether public or private, shall discriminate against a qualified disabled person by reason of disability in regard to job application procedures, the hiring, promotion, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. Discrimination on Transportation SECTION 34. Public Transportation – It shall be considered discrimination for the franchises or operators and personnel of sea, land, and air transportation facilities to charge higher fare or to refuse to convey a passenger, his orthopedic devices, personal effects, and merchandise by reason of his disability.

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Discrimination on the Use of Public Accommodations – (a) No disabled persons shall be discriminated on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation. Use of Government Recreational or Sports Centers Free of Charge – Recreational or sports centers owned or operated by the Government shall be used, free of charge, by marginalized disabled persons during their social, sports or recreation activities.

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SECTION 39. Housing Program – 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 of disabled persons in their respective territorial jurisdictions. National agencies and local government units may enter into joint ventures with organizations or associations of disabled persons to explore 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 the purpose of promoting and enhancing the welfare of disabled persons shall, as they, are hereby encouraged, become partners of the Government in the implementation 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 REQUIRING CERTAIN BUILDINGS, INSTITUTIONS, ESTABLISHMENTS AND PUBLIC UTILITIES TO INSTALL FACILITIES AND OTHER DEVICES. : 

BATAS PAMBANSA BLG. 344AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSONS BY REQUIRING CERTAIN BUILDINGS, INSTITUTIONS, ESTABLISHMENTS AND 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. If feasible, all such existing buildings, institutions, establishments, or public utilities may be renovated or altered to enable the disabled persons to have access to them;

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SECTION. 2. In case of public conveyance, devices such as the prominent 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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AWARENESS OF SELF

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ATTITUDES TOWARDS DISABILITY

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Destructive Attitudes and Concepts: The Medical Model of Disability: Perhaps the most significant and widespread myth affecting human rights and disability is the idea that disability is a medical problem that needs to be solved or an illness that needs to be “cured.” This notion implies that a person with a disability is somehow “broken” or “sick” and requires fixing or healing. By defining disability as the problem and medical intervention as the solution, individuals, societies, and governments avoid the responsibility of addressing the human rights obstacles that exist in the social and physical environment. Instead, they place the burden on the health profession to address the “problem” in the person with the disability. The Charity Model of Disability: Another major misperception is that people with disabilities are helpless and need to be cared for. It is much easier for people to offer pity and charity than to address the fear or discomfort they themselves feel when it comes to people with disabilities. It is also often easier to do something for somebody than to make sure that they have the resources to do it for themselves. The result of both the medical and charity approach is to strip people with disabilities of the power and responsibility for taking charge of their own lives and asserting their rights on an equal basis with others.

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Reasonable Accommodation: A person with disabilities may require a reasonable accommodation, such as a wheelchair or more time to accomplish a task. A reasonable accommodation is simply a resource or a measure designed to promote full participation and access and to empower a person to act on his or her own behalf. This approach is not the same as trying to fix the person or fix the disability (the Medical Model) or assuming that people with disabilities are incapable of acting for themselves (the Charity Model).

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Positive Attitudes and Concepts: Disability as a Natural Part of Human Diversity Everyone is different, whether that difference relates to color, gender, ethnicity, size, shape, or anything else. A disability is no different. It may limit a person’s mobility or their ability to hear, see, taste, or smell. A psycho-social disability or intellectual disability, may affect the way people think, feel, or process information. Regardless of its characteristics, disability neither subtracts from nor adds to a person’s humanity, value or rights. It is simply a feature of a person The 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 information in accessible formats, interacting with individuals with disabilities in appropriate ways, and making sure that laws and policies support the exercise of full participation and non-discrimination.

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THE HUMAN RIGHTS APPROACH TO DISABILITY The 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 basis with all people • Recognizes and respects a person’s disability as an element of natural human diversity, on the same basis as race or gender, and addresses the disability-specific prejudices, attitudes, and other barriers to the enjoyment of human rights • Places the responsibility on society and governments for ensuring that political, legal, social, and physical environments support the human rights and full inclusion and participation of people with disabilities.

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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 other words, human-made) infrastructure. They are some of the first barriers that people think of when considering access for people with disabilities, as they are the most obvious. For example, many people are now aware of the importance of ramps for wheelchair access to buildings with stairs or the need for curb-cuts in side-walks to facilitate street-level access. Other physical barriers may be less obvious, however. For example, many people are unaware of the barriers faced by little people, who frequently have to interact with a built-environment primarily designed for “average-sized” people. In addition, people may not be sufficiently aware of the need for tactile or high colourcontrast surfaces to assist people with visual impairments as they navigate streets and building BARRIERS TO ACCESSIBILITY

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“Habilitation” refers to a process aimed at helping people gain certain new skills, abilities,and knowledge. “Rehabilitation” refers to re-gaining skills, abilities or knowledge that may have been lost or compromised as a result of acquiring a disability, or due to a change in one’s disability or circumstances. The goals of habilitation and rehabilitation as defined in the Convention on the Rights of Persons with Disabilities (CRPD) are to “enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life.” As with any other form of service or treatment, a rights-based approach to habilitation and rehabilitation requires the full participation and consent of persons with disabilities. Unlike “reasonable accommodation,” habilitation and rehabilitation focus on equipping the individual with the specific knowledge, tools, or resources that he or she requires rather than ensuring that the general environment, program, practice or job includes the features needed for persons with disabilities to succeed on an equal basis with others.

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Informational: Both the form and content of information can constitute barriers to access for people with disabilities. For example, publications or websites in small print or without adequate visual contrast may be inaccessible to people with low vision. Television that does not include captioning, subtitles, or in-set sign language interpretation will be inaccessible to people who are deaf. Similarly, television programming may also be inaccessible to people who are blind unless audio-description is available. Information that is not in Braille or other appropriate tactile forms may be inaccessible to people who are blind. In addition to form, the content of information is also of critical importance. For example, information that is not provided in plain language is unlikely to be accessible to many people with intellectual disabilities.

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Institutional: These include legislation, practices, or processes that actively prohibit or fail to facilitate access by people with disabilities. For example, in some countries people with psycho-social disabilities are expressly prohibited from participating in voting, while other people with disabilities may be unable to vote because of the absence of legislation or practice that ensures that they can both gain physical access to polling venues or voting booths and have access to the ballot and other voting information once they are there.

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Attitudinal: Perhaps the most pervasive barrier is the attitudes of many people. Sometimes people’s myths and stereotypes about people with disabilities can cause societies unconsciously to create accessibility barriers. In other cases barriers are created or maintained simply because people are unaware of their existence and the detrimental effect they have on the lives of persons with disabilities. For example, a restaurant owner may mistakenly believe that their restaurant is accessible to wheelchair users because there are “only a couple of steps” at the entrance, and may not appreciate the need for people to be able to enter and exit safely and independently. Such lack of awareness can have especially detrimental consequences in the area of technology. Although technology has the potential to enhance access for people with disabilities, technological advances that occur without incorporating accessibility features can create barriers. For instance, at a time when people increasingly rely upon mobile phones and the internet as sources of information and means of communication, many of the devices and software programmes available are not usable by people who are deaf, blind or deafblind, leading to further marginalization and exclusion of these groups.

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The Ten Principles of “Independent Living” In some countries “independent living centers” provide supports, services and other assistance to empower people with disabilities to exercise their right to live independently and with dignity in their communities. Many of these centers subscribe to common principles that reflect the “philosophy of independent living.” These principles are: 1. Human rights: equal rights and opportunities for all; no segregation by disability type or stereotype. 2. Consumerism: a person (“consumer” or “customer”) who is using or buying a service or product decides what is best for him- or herself. 3. De-institutionalization: no person should be institutionalized (formally by a building, program, or family) on the basis of disability. 4. De-medicalization: people with disabilities are not “sick,” as prescribed by the assumptions of the medical model and do not necessarily require help from certified medical professionals for daily living. 5. Self-help: people learn and grow from discussing their needs, concerns, and issues with people who have had similar experiences. “Professionals” are not the source of the help provided.

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6. Advocacy: systemic, systematic, long-term, and community-wide change activities are needed to ensure that people with disabilities benefit from all that society has to offer. 7. Barrier removal: in order for human rights, consumerism, deinstitutionalization,de-medicalization, and self-help to occur, architectural, communication and attitudinal barriers must be removed. 8. Consumer control: the organizations best suited to support and assist individuals with disabilities are governed, managed, staffed and operated by people with disabilities. 9. Peer role models: leadership for living independently and disability rights is vested in individuals with disabilities, not parents, service providers, or other representatives. 10. Cross-disability: activities designed to achieve the first five principles must be cross-disability in approach, meaning that the work to be done must be carried out by people with different types of disabilities for the benefit of all persons with disabilities.

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Steps to advocacy