Documentos de Académico
Documentos de Profesional
Documentos de Cultura
International
© J. Cerda pour Handicap
the persons with
disabilities are not
always recognized as
human beings.
© Handicap International June 2007
Beginning of medical
rehabilitation
Mutilated, injured, war veterans: States
feel responsible
Disabled people are
defective, “broken”
they have to be
repaired, restored to
International
© J-P. Porcher pour Handicap
“normality”
Intrinsic Extrinsic
Interaction
SOCIAL PARTICIPATION
© Handicap
Human development model International
(RIPPH, 1996)June
2007
4. Disability is a Human
rights issue
• Disability is an unavoidable and
universal part of human diversity.
• Everybody has the same rights and should have the same
access to their rights.
Remember:
“A small group of
thoughtful
people could
change the
world. Indeed,
it’s the onlything
that ever has.” –
Margaret Mead
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,
Human rights have essential qualities that make them
different from other
ideas or principles. Human Rights are:
Interdependent:
human rights cannot be fully
realized without each other;
Content of the
Convention on the
rights of persons with
disabilities
© Handicap International June
2007
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
International
© C. Acworth / Handicap
persons with
disabilities to enjoy
the same rights as
others
© Handicap International
© Handicap International June
2007
General Principles: Autonomy and
freedom to make choices
International
© Ph Revelli pour Handicap
© Handicap International June 2007
General Principles: Non-
discrimination
Prohibition of:
International
© M. Schmidlin / Handicap
© Handicap International June 2007
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;
General Principles: Equality of opportunities
Enable persons with disabilities to access, on an
equal basis with others, to services, information
and activities
Affirmative actions
• Measures of preferential promotion
of a usually disadvantaged
category of persons.
• Aiming at equalisation of
opportunities
• Temporary measures
© Handicap International June
2007
General Principles:
Participation and Inclusion
International
© L. Balme pour Handicap
© Handicap International June 2007
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)
• The physical
International
© Sanna Laitamo / Handicap
environment
International
© M. Seth pour Handicap
© Handicap International June
2007
General Principles: Equality
between men and women
International
© Handicap
the implementation of all
human rights.
International
© P. Dreyer / Handicap
© Handicap International June 2007
The evolving capacities of children
with disabilities
The mainstreaming :
•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 © onHandicap
economic, socialJune
International and cultural rights).
2007
Some important notions
The right to recognition everywhere
as persons before the law
International
© J-P. Porcher pour Handicap
© Handicap International June 2007
Implementation
2.Sheltered Employment
3. Apprenticeship
4. Vocational Rehabilitation
5.Vocational guidance and counselling
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
Special Vocational or
Education – The Technical and
State shall establish, Other Training
maintain and support a
complete, adequate and Programs –
The State provide disabled
integrated system of special
persons with training in civics,
education for vocational efficiency, sports and
the visually impaired, physical fitness, and other skills.
hearing impaired, mentally The Department of Education,
retarded persons and other Culture and Sports shall establish
in at least one government-owned
typeof exceptional children
vocational and technical school in
in all regions of the country. every province a special
Towards this end, the vocational and technical training
Department of Education, program for disabled persons. It
Culture and Sports shall shall develop and implement
sports and
establish special education
physical fitness program
classes in public schools in specifically designed for disabled
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
Stateprojects that cater
Universities to the special
and Colleges needs
– If viable andof
disabled
needed,thepersons.
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
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
Auxiliary Social Services – The State
them at affordable cost.
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
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
Access to made
modifications Public
on Transport
such vehicles.
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
System of Voting – Right to Organize
Disabled persons shall – The State recognize
be allowed to be assisted the rights of
by a person of his choice in disabled persons to
voting in the national or form organizations or
local elections. The person associations that
thus chosen shall prepare promote their welfare
ballot for the disabled voter and advance or
inside
Right tothe
Assemble – safeguard their
voting booth.
Consistent with the provisions of interests. The National
the Constitution, the State shall Government, through
recognize the right of disabled its
persons to participate in agencies,
processions, rallies, parades, instrumentalities and
demonstrations, public subdivisions, shall
meetings, and assemblages or assist disabled persons
PROHIBITION ON
DISCRIMINATION
AGAINST 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,
Discrimination on Transportation
conditions, and privileges of employment.
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
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
Useaccommodation.
public 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
SECTION 39. Housing Program
– The National Government SECTION 41. Support From
shall take into consideration in its Non-government Organizations
national shelter programs the – Nongovernment
special housing requirement of organizations or private volunteer
disabled persons. organizations dedicated to the
purpose of promoting and
SECTION 40. Role of National Agencies enhancing the welfare of disabled
and Local Government Units persons shall, as they, are hereby
– Local government units shall promote encouraged, become partners of
the establishment of organizations of the Government in the
disabled persons in their respective implementation of vocational
territorial jurisdictions. National agencies rehabilitation measures and other
and local government units may enter into related programs and projects.
joint ventures with organizations or Accordingly, their participation in
associations of disabled persons to the implementation of said
explore livelihood opportunities and other measures, program and projects
undertaking that shall enhance the health, is to be extended all possible
physical fitness and the economic and support by the Government.
social well-being of disabled persons
BATAS PAMBANSA BLG. 344
AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSONS BY
REQUIRING CERTAIN BUILDINGS, INSTITUTIONS, ESTABLISHMENTS
AND PUBLIC UTILITIES TO INSTALL FACILITIES AND OTHER DEVICES.