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.
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