25 February 2016

02 February 2016

Legal Protection for Filipino CSN

How much legal protection does the Filipino child with special needs have?

The state has an obligation to provide reasonable accommodation and protection measures to persons with disabilities. Here are some legal protection measures as contained in the following laws which are commonly useful: 

1. Republic Act 7277 – Magna Carta for Disabled Persons (I always have a copy of this in my bag, in case of emergencies or the need to provide proof for privileges for my special child.)
- an act providing for the rehabilitation, self-development and self-reliance of PWDs and their integration into mainstream society.
- rights and privileges for disabled persons, such as employment, education, health and social services, telecommunications, accessibility, political and civil right.
- discrimination against PWDs; housing program; tax incentives and exemptions
2. Administrative Order No. 35 – Annual observance of the National Disability Prevention and Rehabilitation Week every 23rd of July, the birthdate of the sublime paralytic, Apolinario Mabini, by all government departments, bureaus, offices, corporations, institutions, state universities and schools.
            - through promotion and implementation of activities/programs for the welfare of PWDs;
            - to stimulate public awareness on all matters and issues involving PWDs and encourage
            every citizen to take active responsibility in uplifting their economic and social
            conditions as well as recognizing the abilities of our brethren with disabilities;
            - to encourage the PWD sector in taking pro-active roles in nation building.
3. 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
- through the use of UD (Universal Design) principles in architectural facilities or structural features, such as a separate wheelchair-accessible entrance and a gently sloping ramp; wide and automatic sliding doors; restrooms that can address the needs of all users; high-contrast, large-print directional signs; lever handles rather than knobs for doors; non-slip walking surfaces.
4. DILG Memorandum Circular No. 2009-129 - Compliance To The Issuance Of Identification
Cards And Purchase Booklets For Persons With Disability (PWDs)
    DOT Memorandum Circular No. 2011-04 – Special discounts to persons with disabilities
            - the entitlement of at least twenty percent (20%) discount to PWDs in the following
institutions and establishments: hotels, restaurants, recreation centers; theaters, circuses, carnivals; medical and dental facilities and services; land, air and sea transportation; educational institutions and services.
5. Executive Order No. 385 – Creating a task force to address the concerns of PWDs
- a body that shall formulate strategic interventions and provide expeditious response to address the immediate concerns of PWDs
    Executive Order No. 437 – Encouraging the implementation of CBR Community-Based
Rehab for PWDs
-        Affordable or free health and social services for PWDs; Accessible to all PWDs

Getting laws implemented and fighting for equal rights is an ongoing struggle for many PWDs. Accessibility, availability and affordability of services are often a problem. Some schools may have policies related to discrimination, harassment, or bullying, however some are not strictly implemented.

Some establishments, particularly restaurants and drug stores do not honor the PWD card.

In terms of employment, there should be a stricter implementation of the laws and policies. In Section 5 of Republic Act (RA) No. 7277, it says that government organizations engaged in social development such as DSWD, DOH, DepEd, etc., are required to reserve 5 percent of all their casual, emergency and contractual positions for PWDs. I just hope this really applies — and that it’s not ningas kugon, palakasan, or papogi points.


I hope the this administration will make possible financial assistance to ALL Filipino PWDs and not just the senior citizens. Medications, rehab services and therapies, assistive devices and SPED services for PWDs are costly, we all know that, and oftentimes only the financially able are able to avail and sustain these. Very sad but true.