Documentos de Académico
Documentos de Profesional
Documentos de Cultura
them to take pleasure in the benefits provided for them. 1 The study shows that
social participation among PWDs is not only hindered by health problems but also
the accessibility problems. It was proven that their lives are more concentrated at
home rather than outside.
Evidently, what is needed today is the recognition and eventually valuing of
the many positive qualities and potentials of people with disabilities. Devaluation
and dehumanization of people with disabilities that had held sway for so long a
period must now be realized and left. Given that the problem it had sought to
address had its roots in the embrace by the dominant culture of principally negative
stereotypes of people with disabilities with the resultant assigning to them of
devalued social roles based on these prejudicial perceptions, what PWDs need is
proper upbringing for them to realize their worth. They must be helped to perceive
the strengths and gifts they have, their abilities and lifetime potentials. These can
be possible through education. The latter is the most probable way towards change.
By giving emphasis on education, there might be a fuller appreciation of the dignity
and humanity of people with disabilities in all aspects of community life. Were it not
for such advocacy, our dehumanizing perceptions of people with disabilities would
never have been challenged, nor would we have learned the importance of respect
as foundational in the lives of people with disabilities.
Table 1
Blindness
7
Deafness
Mental retardation
8
Muteness
Mental illness
Orthopedic handicap
9
Deafness-Muteness
Multiple disabilities
10Others
5
Speech impairment
1
2
3
4
5
6
7
8
9
Total blindness
Partial blindness
Low vision
Total deafness
Partial deafness
Poor hearing ability
Muteness
Speech impairment
Loss of one or both
arms/hands
10
11
12
13
14
15
16
17
the world strongly felt the need for the integration of disability into the issue of
human rights and development. 7 It is self-evident that disability is a human rights
issue and it is the recognition of that intrinsic humanity that full implementation and
protection of the rights of the PWDs can be achieved.
PWDs are entitled to exercise their civil, political, social, economic and
cultural rights on an equal basis with others under all the international treaties.
8
Civil or political rights are rights that serve as protection of the individuals with
disabilities from the arbitrary exercise of State power such as the right to life, liberty
and security of persons; right against torture; arrest and detention; right to a fair
and public hearing by an independent and impartial tribunal; right to be presumed
innocent, right to privacy; right to freedom of thought, conscience and religion; right
to freedom of opinion and expression; and right to freedom of peaceful assembly
and association. Economic, social and cultural rights are those rights that are
concerned with the material, social and cultural welfare of persons with disabilities
such as the right to work, right to social security, right to form and join trade unions,
right to rest and leisure, right to a standard of living, right to education, and right to
culture. Human rights are universal, indivisible and interdependent. These rights
belong to, and are to be enjoyed by all human beings without distinction of any
kind. 9
The rights of individuals with disabilities are grounded on a human rights
framework based on the United Nations Charter, Universal Declaration of Human
Rights, International Covenants on Human Rights, related Human Rights
Instruments, and International Human Rights Laws. 10
The United Nations estimates that there are more than 500 million persons
with disabilities in the world today. Every year this number increases due to factors
such as war and destruction, unhealthy living conditions, and the absence of
knowledge about disabilities, their causes, prevention and treatment. 11They also
made mention that majority of the PWDs live in less developed countries where
people lack access to essential services such as health care, education, and
vocational rehabilitation. They linked disability with poverty. The risk of impairment
is greater for a family that lives in poverty. A family who has a disabled family
member constitutes a higher demand on the family's resources.
Contemporary international laws have increasingly recognized the need for
all states to incorporate human rights standards for PWDs into their national
legislation although the necessity and the means chosen to promote full realization
of the rights of PWDs may differ among countries. There is no country which is
exempted from the need for the improved policies and laws for individuals with
disabilities. 12The rights of PWDs are now being recognized internationally and
locally.
International Laws
The development of the International Human Rights Law addressed more
generally the rights of individuals with disabilities. The principle of the right to
equality set out by the international human rights instruments is the foundation of
such rights. 13
International Human Rights Law determines that every person, including the
PWDs, has the right of equality before the law, the right to non-discrimination, the
right to equal opportunity, the right to an independent living, the right to full
integration, and the right to security. 14Every society must employ its resources in
such a way that every individual, including PWDs, has an equal opportunity to
participate in the community. The full participation of PWDs benefits the society as
their individual contributions.15
International Legal Instruments protect the rights of PWDs focusing on
safeguarding the PWDs from discrimination and creating equal opportunities for
them to participate in the society. Among these are the United Nations, the African
Union (formerly Organization of African Unity, OAU), the Council of Europe, the
European Union, and the Organization of American States. 16
These laws bear essentiality for the recognition under the Constitution of the
generally accepted principles of international laws. The latter had served as one of
the models in terms of legislation. Recent developments had been guidelines in
order for the passage of a better decree. It is noteworthy to enumerate the existing
international laws which set the rights of PWDs
a. Universal Declaration of Human Rights (1948)
The Universal Declaration of Human Rights (UDHR) adopted by the General
Assembly of the United Nations in 1948 formulated and provides human rights
standards that are accepted by all member states. Article XXV, Sec. 1 of the UDHR
mentions the socio-economic rights of PWDs such as the right to an adequate
standard of living including food, clothing, housing, medical care and social
services, and the right to security in the event of unemployment, sickness,
disability, widowhood, and old age. Article VII guarantees equality before the law
and equal protection by the law for all people, including against discrimination. 17
International Covenant on Civil and Political Rights (1966)
This is an international treaty that lists several rights that are relevant to
disability. Article XXVI states that all people, which clearly include the PWDs, are
equal before the law and have the right to the equal protection of law. 18
International Covenant on Economic, Social and Cultural Rights (1966)
The Covenant does not explicitly refer to disability. However, disability can be
included under the "other status" clause in Article II, Sec. 2, which calls for the nondiscrimination of persons on any grounds such as race, color, and "other status". 19
This General Comment by the Committee on Economic, Social and Cultural
Rights was issued to more fully elaborate the strategies for the implementation of
the rights set forth in the International Covenant on Economic, Social, and Cultural
Rights. This General Comment formulates the obligations of the states to eliminate
discrimination of PWDs in the areas of equal rights for men and women specifically
mentioned in its Article III, Articles VI to VIII on work, Article IX on social security,
Article X on the protection of the family, Article XI on the adequate standard of
living, Article XII on the right to physical health, Articles XIII and XIV on the right to
education, and the right to take part in cultural life and enjoy the benefits of
scientific progress in Article XV.20
Declaration on the Rights of Mentally Retarded Persons (1971)
This is proclaimed by the United Nations General Assembly stating that, "The
mentally retarded person has, to the maximum degree of feasibility, the same rights
as that of other human beings."21
Declaration on the Rights of Disabled Persons (1975)
This Declaration adopted by the United Nations General Assembly is the first
international document that tried to define the term "disability." The Declaration
includes a number of social and economic rights as well as civil and political rights. 22
Declaration on the Rights of Deaf-Blind Persons (1979)
Article I of the Declaration states that "every deaf-blind person is entitled to enjoy
the universal rights that are guaranteed to all people by the Universal Declaration of
Human Rights and the rights provided for all disabled persons by the Declaration of
the Rights of Disabled Persons." 23
Convention on the Elimination of Discrimination Against Women (CEDAW) (1979)
This Convention does not include any specific article on disability rights but aims to
protect the rights of all women, whether disabled or not. Disabled women face
double discrimination based on their gender and secondly, based on their disability.
It recommends that governments should provide information on disabled women in
their period reports and on special measures that the governments have taken to
ensure that women with disabilities have equal access to education and
employment, health services and social security, and to ensure that they can
participate in all areas of social and cultural life. 24
Convention (No. 159) concerning Vocational Rehabilitation and Employment
(Disabled Persons) (1983)
This Treaty of the International Labour Organization (ILO), a United Nations
specialized agency, obligates to formulate, implement and periodically review a
national policy on vocational rehabilitation and employment of disabled persons
mentioned in Article II. This Treaty also emphasizes the principle of equal
opportunity in its Article IV; "positive measures aimed at effective equality of
opportunity and treatment between disabled workers and other workers shall not be
regarded as discriminating against other workers. 25
Convention on the Rights of the Child (1989)
This Treaty lists disability as one of the grounds of discrimination and the latter
being prohibited in Article II. In addition, Article XXIII directly addresses the rights of
children with disabilities stating that disabled children are entitled to a "full and
decent life" of dignity and participation in the community. 26 This Treaty will be
discussed further in this paper.
Principles for the Protection of Persons with Mental Illnesses and the
Improvement of Mental Health Care (1991)
This Document sets detailed standards for the protection of persons with
mental disabilities. It emphasizes that all persons have the right to the best
available mental health care, shall be treated with humanity and respect for the
inherent dignity of the human person, have the right to protection from economic,
sexual and other forms of exploitation, physical or other abuse and degrading
treatment. The Principles stipulate that there shall be no discrimination on the
grounds of mental illness and that persons with a mental illness shall have the right
to exercise all civil and political rights. In case a person lacks legal capacity due to
his or her mental illness any decisions related to the well-being of this person shall
be made only after a fair hearing by an independent and impartial tribunal
10
30
11
12
This treaty specifically states that persons with disabilities are entitled to
receive special attention in order to achieve the greatest possible development of
his or her personality. It also obliges governments to implement special measures to
facilitate the full integration of PWDs.39
Inter-American Convention on the Elimination of All Forms of Discrimination
Against Persons With Disabilities (1999)
This Convention aims to prevent and eliminate all forms of discrimination against
disabled persons and to promote their full integration into society. 40
The Philippines had been known to house different people from different parts of
the world. Filipinos are known to be hospitable. With this type of culture, one must not
be surprised to find a the abovementioned international laws had been significant parts
of the legal framework and principles of the nation. Most of which had formed part of
the local laws governing the rights of diffently-abled persons. Truly, both international
and local laws have one common objective: to protect the rights of PWDs.
Local Laws
The Philippines, as a Member State of the United Nations and the World Health
Organization (WHO), supports the global efforts to uphold and promote the rights of
PWDs. The Philippine Constitution recognizes this and national policies have been
manifested specifically the Batas Pambansa Bilang 844 or The Accessibility Law
and Republic Act No. 7277 or otherwise known as, "The Magna Carta for Disabled
Persons" or "An Act Providing for the Rehabilitation, Self-Development, and SelfReliance of Disabled Persons and Their Integration into the Mainstream of Society
and for Other Purposes."41
Table 3
LAW
TITLE
DATE APPROVED
13
September 18,
1989
February 25,
1983
15
16
colour, gender, language, religion, opinions, origins, wealth, birth status or ability to
be applied to every human being everywhere. Among these are the rights of a child
to have a name, to preserve his or her identity, to be cared for by parents, to take
primary consideration on his or her best interests, to be protected against
discrimination, to facilitate their active participation in the community, to be socially
protected, to be entitled of the highest attainable standard of health and to facilities
for the treatment of illness and rehabilitation of health, to a healthy environment, to
be afforded equal opportunities for the cultural, artistic, recreational and leisure
activity, that a mentally or physically disabled child should enjoy a full and decent
life, promote self-reliance, and to recognize every childs right to education. The
Convention protects these rights by setting standards in health care; education; and
legal, civil and social services.
Article XXIII on disabled children the Convention states that, A disabled child
has the right to special care, education and training to help him or her enjoys a full
and decent life in dignity and achieves the greatest degree of self-reliance and
social integration possible.
The Convention made mention of the childs right to education in Article XXVIII
which establishes the right to education on the basis of equal opportunity. It binds
States parties to make available and accessible to every child compulsory and free
primary education and encourage different forms of secondary education to be
accessible to every child, including vocational education, to make higher education
available to all on the basis of capacity. School discipline shall be consistent with the
childs rights and dignity. The State shall engage in international co-operation to
implement this right. Article XXIX of the Convention deals with the aims of
education. Education shall also aim at developing the childs personality, talents,
mental and physical abilities to the fullest extent. Education shall prepare the child
for an active adult life in a free society and foster respect for the childs parents, his
or her own cultural identity, language and values, and for the cultural background
and values of others.
b. World Declaration for Education for All (1990)
The Universal Declaration of Human Rights asserted that "everyone has a
right to education" and this serves as a basic premise in recalling that education is a
fundamental right for all people of all ages. Education can ensure a safer, healthier,
more prosperous and environmentally sound world that contributes to the social,
economic, and cultural progress, tolerance, and international cooperation. In
addition to these views, education is also an indispensable key for personal and
social improvement. Recognizing education to promote development and
strengthen higher levels of education, and to address the scale and complexity of
whatever challenge in the future.
Every person - child, youth and adult - shall be able to benefit from
educational opportunities designed to meet their basic learning needs. There is a
need for an "expanded vision" that surpasses present resource levels, institutional
structures, curricula, and conventional delivery systems while building on the best
in current practices. The expanded vision encompasses universalizing access and
promoting equity, focusing on learning, broadening the means and scope of basic
17
18
19
Nonetheless, no matter how persuading the language of the law is, the issue
is on its implementation. Records from the National Statistics Office show that three
years after the effectivity of RA 9442, there has been no considerable increase in
the literacy of the differently-abled persons. Despite the efforts of the government
to make education accessible to them, most of them had stayed home though the
type of disability they possess may allow them to go to school. The primary reason
is still the individual deficit. This is for viewing disability to only one of two paths:
individuals can be fixed through medicine or rehabilitation (medical approach); or
they can be cared for, through charity or welfare programmes (charity approach). 49
20
The records are presented in tables and the copy of the original records
gathered are attached in the Appendices section.
Region
Philippines
National Capital
Region (NCR)
Cordillera
Administrative
Region (CAR)
Region I Ilocos
Region II Cagayan
Valley
Region III Central
Luzon
Region IV-A
CALABARZON
Region IV-B
MIMAROPA
Region V Bicol
Region VI- Western
Visayas
Region VII Central
Visayas
Region VIII Eastern
Visayas
Region IX
Zamboanga
Peninsula
Household
Population
(in 1,000)
92, 098
11, 797
Household
Proportion of PWDs
population with
Household
Disability (in
Population (in
1,000)
percent)
1, 443
1.57
167
1.41
1, 612
26
1.63
4, 743
3, 226
78
56
1.64
1.72
10, 118
139
1.38
12, 583
193
1.53
2, 732
50
1.85
5, 412
7, 090
100
138
1.85
1.95
6, 785
109
1.60
4, 090
72
1.75
3, 398
46
1.35
21
Region X Northern
Mindanao
Region XI Davao
Region XII
SOCCSKSARGEN
Autonomous Region
in Muslim Mindanao
(ARMM)
Region XIII - CARAGA
4, 285
67
1.56
4, ,453
4, 103
71
59
1.60
1.43
3, 249
35
1.07
2, 425
38
1.58
The recorded figure of persons with disability (PWD) in the 2000 CPH was 935,551
persons, which is 1.23 percent of the household population.
Age
Group
Perce
nt
18-21
Number
of
Responde
nts
143
22-25
111
10.50
26-29
122
11.54
30-33
86
8.14
34-37
97
9.18
38-41
97
9.18
42-45
105
9.93
46-49
70
6.62
50-53
61
5.77
54-57
45
4.26
22
13.53
58-61
22
2.08
62-65
19
1.80
66-69
13
1.23
70 and
above
Total
66
6.24
1,057
100.0
0
From the sample households, all members aged 18 years old and over were
taken as respondents for they were assumed to be capable of answering the
questions maturely. The table above shows that around 35.57 percent of the
respondents are less than 30 years old. Those 62 years old and above comprised for
9.27 percent. The median age is 36 years old.
Sex
Fenale
Male
Total
Name of Respondents
615
442
1, 057
Percent
58.18
41.812
100.00
The table shows that there were more female respondents than males (58.18 %).
NUMBER AND PERCENT OF RESPONDENTS BY YEARS SPENT STUDYING IN
SCHOOL
Years Spent in
School
Number of
Respondents
Percent
0.28
0.28
13
1.23
19
1.80
23
26
2.46
29
2.74
154
14.57
41
3.88
62
5.87
55
5.20
10
302
28.57
11
59
5.58
12
105
9.93
13
28
2.65
14
70
6.62
15
30
2.84
16
16
1.51
17 and over
27
2.55
Cant Remember
15
1.42
24
Total
1,057
100.00
BARANGAY
Banaba
Banay-Banay
Bawi
Bukal
Castillo
Cawongan
Manggas
Maugat East
Maugat West
Pansol
Payapa
Poblacion
Quilo-Quilo North
Quilo-quilo South
San Felipe
San Miguel
Tamak
Tangob
TOTAL
NO. OF PWDs
9
10
16
8
16
36
9
7
23
27
26
42
22
16
26
15
9
10
327
Records from the Social Welfare Administration for Persons With Disability
under the Department of Social Welfare and Development show that there are three
hundred twenty seven differently-able persons in the locale. This is 1.58% of the
total population (2,140,203) of the town.
25
BARANGAY
Banaba
Banay-Banay
Bawi
Bukal
Castillo
Cawongan
Manggas
Maugat East
Maugat West
Pansol
Payapa
Poblacion
Quilo-Quilo
North
Quilo-quilo
South
San Felipe
San Miguel
Tamak
Tangob
JANUARYMARCH
APRILJUNE
OCTOBERDECEMBE
R
0
1
0
1
4
10
2
0
5
7
8
12
6
TOTAL
0
2
3
1
0
7
1
1
2
2
9
13
3
JULYSEPTEMBE
R
0
0
3
0
2
7
0
0
4
8
3
6
3
3
1
4
0
4
6
0
0
6
4
0
5
1
7
10
6
2
2
1
6
4
1
1
7
2
1
1
1
2
0
2
20
10
4
5
222
3
4
10
2
10
30
3
1
17
21
20
36
16
67.88 percent of the persons with disability have secured a PWD-ID. Aside
from enjoying the privileges provided by Republic Act 9442, it was also found from
the interview conducted to Mrs. Jocelyn Escamus, RSW PWD Focal Person, that
these are the same persons who are active in attending the meeting conducted
quarterly in the municipality.
BARANGAY
TOTAL
Banaba
Banay-Banay
Bawi
Bukal
Castillo
0
1
1
0
1
26
Cawongan
Manggas
Maugat East
Maugat West
Pansol
Payapa
Poblacion
Quilo-Quilo North
Quilo-quilo South
San Felipe
San Miguel
Tamak
Tangob
TOTAL
4
0
1
2
4
2
8
8
1
4
4
0
0
41
The record shows that only forty-one (41) or 0.13% of the total number of
persons with disabilities is in school. They are enrolled in the Special Education
Program and no one of the PWDs in the locale is enrolled in a regular school.
DISABILITY
Hearing Impairment
Autism
Mental Retardation
Down Syndrome
Cerebral Palsy
Global Development Delay
Learning Disability
Low Vision
Speech Defects
Chronic Disease
Motor Disability
TOTAL
11
4
8
2
5
2
3
4
2
1
1
27
CONCLUSIONS
From the data gathered, the following conclusions are derived.
1. 1.23 percent of the Philippine population has disability. The number is relatively
small.
2. Among the 17 regions, Region IV-A had the highest number of PWD at 193
thousand. This was followed by the National Capital Region (NCR) with 167
thousand PWD. The Cordillera Administrative Region (CAR), on the other hand, had
the lowest number of PWD at 26 thousand.
3. In the survey conducted by the National Statistics Office, 35.57 percent of the
respondents are less than 30 years old but more than 18 years old. The
respondents are of age to answer the interviews. There were more female
respondents than males.
4. Only 2.55 percent of the respondents had stayed in school for 17 years. This
shows that out of 1,057 respondents, only 27 had finished college. The largest
proportion, 302 (28.57 percent) of the respondents had spent 10 years in school,
which is equivalent to high school completion in the Philippines. The PWDs have a
relatively low literacy rate.
5. 1.58 percent of the population of the municipality of Padre Garcia, Province of
Batangas has disability. Monitoring them is easier because they are few.
6. 222 out of 327 (67.88 percent) of the persons with disability in Padre Garcia,
Batangas have secured a PWD-ID. Their small number had made it easily for the
municipal authorities to reach out to them.
7. Only forty-one (41) or 0.13% of the total number of persons with disabilities is in
school. The educational assistance provisions under the Magna Carta for Persons
with Disability is only enjoyed by a small percentage of PWD.
8. No one among the PWDs in Padre Garcia, Batangas is enrolled in a regular school.
9. The disability possessed includes hearing impairment, autism, mental
retardation, down syndrome, cerebral palsy, global development delay, learning
disability, low vision, speech defects, chronic disease, visual impairment and motor
disability.
28
RECOMMENDATIONS
The Philippines started consolidation of the legal system related persons with
disability relatively as early as the 1900s. But sad to say, until today, some
claimholders remain unfamiliar of the law. They continue to be reluctant in
exercising their rights and enjoying the privileges provided for them. In view of the
foregoing, the following recommendations are derived:
First, full awareness of the law protecting PWDs should be ensured. The
government must constantly hold the established programs to monitor the
conditions of the PWDs. Aside from holding the annual National Disability Prevention
and Rehabilitation Week (in July), Mental health Week, Autism Week, Deaf
Awareness Week, Eyesight Conservation week, Mental Retardation Week, White
Cane Safety Day, and International Day of Disabled Persons, a monthly meet-ups
with them may be held for counselling, checking of their conditions and monitoring
their activities. The closer the government is to the PWDs, the wider is the chance
for the latter to feel their worth.
Secondly, the government must maintain a close partnership with the nongovernment organizations other international agencies in providing services to cater
for the needs PWDs. Common services that may be given by NGOs may include
29
training and granting of assistive devices, e.g. wheelchairs, hearing aids, etc.
Third, the local government units, particularly the barangays, as closest to
the people must have a lenient record of the PWDs, their needs and the programs
for them.
Without a PWD ID, a person with disability cannot avail of the discount
privileges promised by RA 9442. No matter how obvious their disability is, still,
without the basic requirement, a PWD may not be given a discount on basic
services. In this case, the ID requirement provision of the Magna Carta for Persons
with Disability must be revisited.
Education is the best tool in order to uplift the morale of a PWD and improve
his way of life. However, a very small number of them had finished school/ is
enrolled in school. Dropouts among PWD must be lessen and they must be
encouraged to continue studying. The education assistance enshrined in RA 9442
must be fully implemented. Parents of the PWDs should be assured that they will
not bear additional burden in sending their child with disability to school because of
the government assistance. Additional funding to improve school facilities and
additional competent teachers for the SPED must be made.
Lastly and most importantly, a person with disability must gain proper
treatment from the society. They must be treated like anybody else and must not be
deprived of their right to live normally because of their disability. A collective
mindset among the Filipinos changing the way they see a PWD must be developed.
30