CHRP WORKING PAPER Rights of Persons with Disabilities in Accessing the Justice !

ste"

September 2007 Government Linkages Office

#OREWORD $#ull hu"an %e&elo'"ent ( is the o'ti"al %e&elo'"ent of all that is hu"an in all hu"ans) the bringing to full flower of the nati&e genius of each an% of all*+ ,,,wor%s of the greatl! a%"ire% JO E W* DIOKNO* -ore than the a%&ocac!) "ore than the initiati&es) "ore than the organi.ations) I was) an% still a") greatl! a"a.e% an% i"'resse% b! the &ibrance an% brilliance of the 'ersonalities of co,a%&ocates an% ac/uaintances I ha&e "a%e in the circle of Persons with Disabilities* I sai% then an% I sa! now) 'h!sical i"'air"ent can not an% shoul% ne&er be "a%e a reason to un%er"ine a 'erson0s ca'abilities an%1or ca'acities to 'erfor" $nor"all!+ an% e&en) e2cellentl! in his1her own fiel%* When I re'resente% the Co""ission in the international training 'rogra""e on Hu"an Rights an% Disabilities in we%en last -a! 3445) it was "! first ti"e to be so in&ol&e% with PWDs* It was there that I was ac/uainte% with the gri" realities of being a PWD* It was there that I saw clearl! the barriers face% b! 'eo'le with i"'air"ents to achie&ing e/ualit! an% 6ustice* It was also there that I strongl! felt the nee% for the integration of %isabilit! into the issue of hu"an rights an% %e&elo'"ent* 7ecause %isable% 'eo'le are hu"an beings) it is self,e&i%ent that %isabilit! is a hu"an rights issue8 an% it is in the recognition of that intrinsic hu"anit! that we can reach outco"es that woul% result in the full i"'le"entation an% 'rotection of their hu"an rights* 9his ACCE 'ro6ect: $ ;R<E= ON PER ON WI9H DI A7I>I9IE IN

ING 9HE J; 9ICE

= 9E-+ is con%ucte% to ascertain that legislati&e)

6u%icial an% a%"inistrati&e "easures are in 'lace with res'ect to the access of PWDs to 'rofessionals at all 'oints in the Phili''ine 6ustice s!ste"* 2

9his en%ea&or is li?ewise a res'onse to the strategic action fra"ewor? that the Phili''ine tea" crafte% %uring the training 'rogra""e for Hu"an Rights an% Disabilities in we%en* 9he Co""ission on Hu"an Rights has ta?en this initiati&e in clear recognition of its role as the 're"ier instru"entalit! in the Phili''ines in u'hol%ing hu"an rights an% trul! res'on%ing to the e2'ectations of the 'eo'le who are &icti"s of hu"an rights &iolations8 es'eciall! those fro" the &ulnerable an% %isa%&antage% sectors li?e the PWDs*

@;IN9IN 7* C;E9O III

Co""issioner In,Charge for Go&ern"ent >in?ages

TABLE OF CONTENTS
Foreword I. II. III. I,. ,. ,I. Rights of Persons with Disabilities in Accessing the Justice System Monitoring the Rights of Persons with Disabilities Com laints !ile" with the C#RP In$ol$ing Persons with Disabilities% &9'()*++6 -he C#RP as Sur$ey Res on"ent Sur$ey of /o$ernment Agencies on their Im lementation of the Rights of Persons with Disabilities in Accessing the Justice System Sur$ey of Persons with Disabilities in their Contacts with the Pillars of Justice 6 9 && &. &0 *+

ANNEXES 1not a$ailable in PD!2

A. 5. C. D. 3etter to /o$ernment Agencies with Sur$ey 4uestionnaire 3etter to P6Ds with Sur$ey 4uestionnaire Su reme Court Decision7 -he Peo le of the Phili ines% Plaintiff) A ellee $s. Marlon Para8o y !rancisco% Accuse")A ellant Pertinent 3aws an" Issuances on the 6elfare of P6Ds RA (*((7 Magna Carta for Disable" Persons RA 6(097 An Act Declaring August 9ne of :ach ;ear as 6hite Cane Safety Day in the Phili ines an" for 9ther Pur oses 5P <..7 An Act to :nhance the Mobility of Disable" Persons by Re=uiring Certain 5uil"ings% Institutions :stablishments an" Public >tilities to Install !acilities an" 9ther De$ices Im lementing Rules an" Regulations as Amen"e" of 5P <.. 1Accessibility 3aw2 4

Proclamation ?o. &*07 Proclaiming the ?ationwi"e 9bser$ance in the Phili ines of the Asian an" Pacific Deca"e of Disable" ersons% &99<)*++* Ci$il Ser$ice Commission Memo Circular ?o. *<% s. &9997 :m loyment of 4ualifie" P6Ds Rule on :@amination of a Chil" 6itness Rule on Ju$eniles in Conflict with the 3aw Su reme Court Rulings an" Issuances7 o A.M. ?o. +<)+0)+&)SC7 A"o ting the ?ew Co"e of con"uct for the Phili ine Ju"iciary 1Canon 02 o 5enchbooA for -rial Court Ju"ges 1 0)'2 o Circular ?o. .6)907 Accessibility of Courtrooms to Disable" Persons o Memoran"um 9r"er ?o. 09)*++.7 Authori8ing the Court A"ministrator to Act on an" A ro$e Re=uests of 3ower Courts for the #iring of Sign 3anguage Inter reters o Amen"e" Re$ise" A"ministrati$e Circular ?o. 0+)*++&7 :stablishing the Merit Selection an" Promotion Plan for the 3ower Courts B I, 1&2C ,I1&2162D o A"ministrati$e Circular ?o. <()*++&A7 :stablishing the Su reme Court Merit Selection an" Promotion Plan B I, 1&2C ,I1&21b2D De artment of Public 6orAs an" #ighways 1DP6#2 Internal Memoran"a7 o Disseminating CSC MC ?o. *<% s. &999 relati$e to the hiring of P6Ds o Designating !ocal Persons to the Regional Committees for the 6elfare of Disable" Persons o Directing All Regional DirectorsEProFect Managers to Im lement the Accessibility 3aw 15P <..2 an" its Amen"e" Im lementing rules an" Regulations Commission on :lections7 o Resolution ?o. 666(% &0 March *++. 1Sec. <&2 o Resolution ?o. *9(&% &* January &99' 1Sec. <+2

I. RIGHTS OF PERSONS WITH DISABILITIES1 IN ACCESSING THE JUSTICE SYSTEM

GDisable" Persons shall be able to a$ail themsel$es of =ualifie" legal ai" when such ai" ro$es in"is ensable for the rotection of their ersons an" ro erty. If Fu"icial rocee"ings are institute" against them the legal roce"ure a lie" shall taAe their hysical an" mental con"ition fully into account.H

Paragra h &&% Declaration on the Rights of Disable" Persons% Proclaime" by /eneral Assembly resolution <..( 1III2 of 9 December &9(0

Peo le with "isabilities inclu"e those with intellectual% hysical% sensory 1hearing% $ision% an"Eor s eech2% sychiatricEmental illness% or ac=uire" "isabilities. Peo le with "isabilities are often marginali8e" an" socially e@clu"e". -hey ten" to be ol"er% oorer% less e"ucate" an" ha$e less em loyment o ortunities than those without "isabilities. In countries liAe ,iet ?am% 3aos% Cambo"ia% an" Afghanistan% many eo le are "isable" as a "irect result of conflict J either as a result of combat woun"s or "ue to lan"mine e@ losions. Access to Fustice for eo le with "isabilities often means o$ercoming obstacles of "iscrimination% communication% an" hysical access. -hey are at a higher risA of becoming $ictims of crime an" e@ loitationC they may be unAnowingly use" by others for criminal ur osesC they may be "enie" o ortunities because of their "ifferenceC an" they may lacA access to facilities an" resources they nee"% inclu"ing courts an" other legal institutions.

Di !ri"i#$%io# $#d E&!'( io#

Peo le with "isabilities are often negati$ely stereoty e" an" marginali8e" by the rest of society. -hey are isolate" an" often ma"e to feel that their artici ation in acti$ities% rogrammes or ublic life is not welcome. 3aw enforcement officials an" other em loyees of the Fustice system may also ha$e "iscriminatory attitu"e towar"s eo le with "isabilities% which may ser$e as a "isincenti$e to using official channels. Also% because of the negati$e ublic erce tion an" the social attitu"es others ha$e towar"s eo le with "isabilities% Kissues of reFu"ice% low self) esteem% fear of "iscrimination an" retribution% an" communication roblemsL are e@acerbate". 9ftentimes% crimes committe" against them go unre orte".

B$rrier i# Co""(#i!$%io#
!or eo le with "isabilities% es ecially those with sychiatric% mental% s eech% or hearing "isabilities% communication with legal ractitioners can be $ery "ifficult. 3egal ractitioners may not be able to un"erstan" or communicate with their clients% as they may not ha$e the a"e=uate inter retation facilities. G#i""enH "isabilities such as mental% sychological% an" intellectual han"ica s may go un"etecte" by legal ractitioners% resenting a "anger of misre resentation an" ina ro riate sentencing. In such cases% it is im ortant to inclu"e sychologists or social worAers so that when eo le with "isabilities talA to rosecutors they "o not im licate themsel$es unAnowingly. Mechanisms shoul" be ut in lace to con"uct ro er
1

:@cer ts from PR9/RAMMI?/ for J>S-IC:7 Access for All% A PractitionerLs /ui"e to a #uman Rights)5ase" A Justice. Cha ter 6% &(<)&(0% >?DP7 Asia)Pacific Rights an" Justice Initiati$e% *++0% 5angAoA% -hailan".

roach to Access to

assessments% es ecially for eo le with mental "isabilities. !or eo le with hearing or $ision) relate" "isabilities artici ating fully in court rocee"ings can be $ery "ifficult unless inter reters are ro$i"e". !urther% the formality an" a"$ersarial nature of court rocee"ings may intimi"ate an" hin"er eo le with "isabilities from communicating their com laints. -his can be com oun"e" by the lacA of e@ erience eo le with "isabilities ha$e artici ating in ublic life.

L$!) o* Aw$re#e +I#*or"$%io#

Peo le with "isabilities often suffer from a lacA of awareness of their rights an" a ro riate roce"ures to "eman" Fustice when their rights ha$e been $iolate". -hey may not be aware of the o tions a$ailable to them an"% if they suffer from sychiatric "isabilities% they may not un"erstan" or may not be able to maAe a "ecision e$en when their rights are e@ laine" to them. -hey may also be use" in criminal acti$ities without being aware of it. In some cases% they may be "e en"ent on family members or be house" in an institution an" they may not Anow who they shoul" get in touch with or how an" when their rights are $iolate".

C$,$!i%- De.e'o,"e#% S%r$%e/ie 3egal Reform

-o facilitate the ability of eo le with "isabilities to access Fustice% it is necessary to rioriti8e the concerns of eo le with "isabilities. 3aws nee" to be institute" that guarantee their basic rights an" inclu"e s ecial consi"erations for their nee"s so that ina ro riate sentencing can be a$oi"e". -y es of legal an" institutional reform inclu"e7 :nsuring unhin"ere" access to ublic facilities Re=uiring signage an" communication that is sensiti$e to the nee"s of eo le with "isabilities Instituting anti)"iscrimination laws Pro$i"ing access to rofessionals such as inter reters an" sychologists at all oints in the Fu"icial rocess. As a first ste % consultations with eo le with "isabilities about their nee"s an" concerns is one way that the state can get the information necessary to create rele$ant laws an" rogrammes a""ressing their concerns. It is essential that these laws are not only create"% but also effecti$ely monitore" an" im lemente".

Sim lify Court Proce"ures

Court roce"ures can be confusing in general% but they are e$en more intimi"ating an" com licate" for eo le with "isabilities 1es ecially mental "isabilities2. -he language use" in courts shoul" be as sim le as ossible an" legal a"$isors must learn to communicate in a way that can be un"erstoo" by their clients. If necessary% inter reters an" social worAers shoul" be resent to maAe the client comfortable an" facilitate the rocess. 3egal ersonnel nee" to be traine" to be sensiti$e to the nee"s of eo le with "isabilities% a$oi" "iscriminatory ractices an" attitu"es% an" be aware of the issues they face in or"er to refer them to a ro riate agencies an" ser$ices. In a""ition% court "elays shoul" be a$oi"e" an" systems nee" to be ut

in lace that will e@ e"ite the court rocess. -his is a crucial issue for eo le with "isabilities as they often nee" e@tra su ort an" care% which the State may not be able to ro$i"e for an e@ten"e" erio" of time.

A i$ $#d P$!i*i! De!$de o* Di $0'ed Per o#

-he Asia an" Pacific Deca"e of Disable" Persons which was originally inten"e" to en" in *++* has been e@ten"e" for another "eca"e 1*++<)*+&*2 to ensure that the momentum an" rogress of the re$ious "eca"e will be built u on. -he 5iwaAo Millennium !rameworA for Action towar"s an inclusi$e% 5arrier)free an" Rights)base" Society for Persons with Disabilities in Asia an" the Pacific 15M!2 that emerge" out of the &st Deca"e of the Disable" Person inclu"es s ecific strategies that nations nee" to a"o t% inclu"ing those romoting rights)base" legislation for "isable" eo le. -he strategies inclu"e7 Re$iewing an" a"o ting non)"iscrimination olicies :ncouraging national human rights institutions to rotect the rights of eo le with "isabilities Acti$ely in$ol$ing ersons with "isabilities in olicy formulation Promoting the ratification of international human rights treaties Calling for go$ernments to su ort the A" #oc Committee on a Com rehensi$e an" Integral International Con$ention on Protection an" Promotion of the Rights an" Dignity of Persons with Disabilities Consulting an" inclu"ing the ersons with "isabilities in "rafting laws an" roce"ures that affect them

!ocus on Ability% Celebrate Di$ersity7 #ighlights of the Asian an" Pacific Deca"e of Disable" Persons% &99<)*++* Social Policy Pa er ?o. &<% *++< S-E:SCAPE**9&

II. MONITORING THE RIGHTS OF PERSONS WITH DISABILITIES 2PWD 3 -he challenges to human rights monitoring become more formi"able when asAe" to focus on the Rights of Persons with Disabilities. Case monitoring for Persons with Disabilities can be consi"ere" weaA in the Commission on #uman Rights of the Phili ines 1C#RP2. :$i"ence of "ifficulties s ecific to monitoring the situation of P6Ds is foun" in our internal "ata banAing system. At resent% it is not yet ca able of ca turing on "eman" GP6D DataH. -he system is currently being u gra"e" to "eri$e "ata on com laints an" cases oste" in the Commission concerning P6Ds. -his weaAness can also be attribute" to the fact that there has been $ery minimal G ositioningH of the C#RP which coul" enable P6Ds to come to the Commission for assistance. 6hile this is not to ro ose another center for P6Ds for the C#RP 1consi"ering our "eclining financial an" human resource status2% there is in"ee" a felt nee" to be able to reach other $ulnerable grou s i"entifie" in the first Phili ine #uman Rights Action Plan. -his non)i"entification of P6Ds an" P6D organi8ations with the C#RP also translates into the absence of C#RP in the consciousness of woul")be artners in monitoring7 the P6Ds themsel$es% go$ernment agencies concerne" with P6Ds% an" non)go$ernment organi8ations. -his "ifficulty of non)i"entification is also Fustifiably attributable to the fact that C#RP is not the frontline agency of go$ernment "ealing with P6Ds. !or instance% P6D concerns are normally "irecte" to the De artment of Social 6elfare an" the De artment of #ealth. 6hile there is an inter)agency bo"y calle" the ?ational Council for the 6elfare of Disable PersonsC the C#RP has no seat in the sai" council. -he absence of a #uman Rights Instrument s ecific to the rights of Persons with Disabilities is a maFor factor that contributes to C#RPLs lacA of consciousness regar"ing "isability issues. It is belie$e" that the rimary reason for our GsectorH centersL consi"erable achie$ement in monitoring the rights of $ulnerable grou s is the resence of international treaty instruments which ro$i"es human rights worAers with gui"ance in assisting these $ulnerable grou s. !or instance% the C#RP has generate" numerous issuances on con"itions of Fails an" "etention centers% set u a system of generating its own statistics on cases an" utili8e" e@isting statistics of both go$ernment an" non)go$ernment organi8ations. -he C#RP% in the assessment an" analyses of human rights con"itions an" e$i"ence% ha$e utili8e" the International Co$enant on Ci$il an" Political Rights 1ICCPR2 an" the Con$ention Against All !orms of -orture% Cruel% Inhuman Degra"ing -reatment or Punishment 1CA-2 as bases. 6ith res ect to Chil"renLs issues% the C#RP was able to staAe its claim as an in"e en"ent human rights monitor in coo eration with go$ernment an" non)go$ernment organi8ations in issues which ha$e contribute" to monitoring the >? Con$ention on the Rights of the Chil" 1>?CRC2. -hese inclu"e the con"uct of a 5aseline Sur$ey of 5asic Ser$ices for Chil"ren in Situations of Arme" Conflict% artici ation in the assage of the Ju$enile Justice an" 6elfare Act through its a"$ocacy on the issue of GMinors in Death RowH% an" the issuance of an in"e en"ent commentary on the /o$ernmentLs !irst Perio"ic Re ort to the >?CRC% among others.

-he Commission on #uman Rights of the Phili ines has e@ resse" its su ort for the a"o tion of a human rights instrument on P6Ds an" has in fact artici ate" in efforts in the "rafting of the Con$ention on the Rights of Persons with Disabilities through its submissions to the De artment of !oreign Affairs an" the Asia Pacific !orum of ?ational #uman Rights Institutions of which C#RP is a member. -he monitoring section of the "raft con$ention can be sai" to be an enabling instrument that un"erscores the im ortance of ?ational Institutions for the rotection an" romotion of the rights of Persons with Disabilities.

10

III. COMPLAINTS FILED WITH THE COMMISSION ON HUMAN RIGHTS OF THE PHILIPPINES IN4OL4ING PERSONS WITH DISABILITIES5 1678 9 1::; Statistics on #R, com laints in$ol$ing Persons with Disabilities 1P6Ds2 retrie$e" from the C#RPLs "atabanA show the following7 9f the &.)year erio" 1&9'()*++62% only 06 com laints were logge" or an a$erage of . er year. If we looA at the total a$erage number of com laints logge" for the ast fi$e years at &*96.*<% com laints recei$e" from P6Ds account for only .<&M.

PWD < Co",'$i#%

Com laints lo"ge" were mostly of a se@ual abuse nature with <6 out of 06 com laints or 6.M. Si@ com laints in$ol$e" the right to life 1Mur"er% !rustrate" Mur"er2 or &&M. Physical Abuse was logge" at . out of 06 or (M an" * cases of Arbitrary Detention% >nlawful Arrest were oste" or <.0M. 9ne com laint each was logge" at &.'M a iece in$ol$ing "iscrimination an" com laints on case han"ling by law enforcement such as Dereliction of Duty% Planting of :$i"ence an" /ra$e Slan"er by Dee".

PWD $ .i!%i"
-here are 0( P6D allege" $ictims of human rights $iolations who sought the assistance of the Commission for the erio" &9'( J July *++6 on com laints of allege" human rights $iolations. A great ro ortion of $ictims are female7 (+M or .+ of the 0( $ictims. -here are about && or *(.0M re resenting male P6D $ictims 1the rest were uns ecifie" if female or male2. Recor"s show that% of the 0( $ictims% ' were s ecifie" as chil") $ictims 1&(.0M2 while . com laints can be sai" to in$ol$e chil"ren with "isabilities since the com laint in$ol$e" a case of RA (6&+ or KChil" AbuseL. #owe$er% un"er "omestic law% s ecifically RA (6&+ entitle" KS ecial Protection of Chil"ren Against Chil" Abuse% :@ loitation an" Discrimination ActL% Persons with Disabilities may technically be "efine" as chil"ren. Article I Section < "efines chil"ren as KPersons below eighteen 1&'2 years of age or those o$er but unable to fully taAe care of themsel$es or rotect themsel$es from abuse% neglect% cruelty% e@ loitation% or "iscrimination because of a hysical or mental "isability or con"itionL. If we were to characteri8e the CommissionLs e@isting "atabanA of com laints in$ol$ing P6Ds% it can be sai" that there is an a arent general sensiti$ity to the situation of P6Ds. Primarily because it can be "eri$e" from the P:RP:-RA-9R an" ,IC-IM fiel"s of the system. Neywor"s which in"icate general sensiti$ity to P6Ds% either as $ictims or er etrators% inclu"e wor"s such as7 KDisable"L K#an"ica e"L
3

) 9 out of 0( ) & out of 0(

ines7 9 erations Re$iew% !i$e year Performance -ren"s 1*++*)*++62

Commission on #uman Rights of the Phili

11

-here is also an effort to i"entify the Ain" of "isability with the in"ication of the following Aeywor"s7 KMentally ) retar"e"L KMinor)InsaneL KMental PatientL K: ile ticL KDeaf MuteL KPhysically Disable"L KS ecial Chil"L KRetar"e"L KDisable" 5lin"L Most P6D $ictims who sought the CommissionLs assistance ha$e in"icate" mental an"Eor "e$elo mental "isabilities7 KRetar"e" or Mentally Retar"e" ) <+ out of 0( KS ecial Chil"L an" KMinor Retar"e"L ) &* out of 0( -he rest ha$e hysical "isabilities7 KDeaf MuteL ) 6 out of 0( K5lin"L ) ( out of 0( K: ile ticL ) & out of 0( 6ho $ictimi8es P6DsO A total of 06 er etratorsEsus ects were logge". KCi$iliansL to e" the list at *0 out of 06 or ...60M. Categories which may fall un"er the Kci$ilianL label are as follows7 KfatherL ) * out of 06 or <.6M KneighborL ) * out of 06 or <.6M Ksecurity guar"L ) * out of 06 or <.6M Kfaith healerL ) & out of 06 or&.'M KfarmerL ) & Kstu"entL ) & K$en"orL ) & K-a"ta"L 1a $igilante grou 2 ) & About *0M or &. of the 06 are law enforcement officersE ublic officials. -he rest "i" not s ecify the Per etratorESus ect Category7 . out of 06 or (.&M

PWD $ $''e/ed Per,e%r$%or

!or the erio" &9'( J *++(% com laints in$ol$ing P6Ds as allege" er etrators only totale" . in"i$i"uals who were in"icate" as KMentally Retar"e"L 1*2 or Kmentally illL 1&2 or Khan"ica e"L 1&2.

12

-hese com laints in$ol$e" allege" $iolations of the Anti)Chil" Abuse 3aw 1R.A. (6&+2 an" the right to life 1Mur"er 1*2 an" !rustrate" #omici"e 1&2. Allege" $ictims of the P6Ds as er etrators are chil"ren 1*2 an" a olice officer 1&2.

Pro*i'e o* PWD i#.o'.e"e#% wi%= %=e Co""i io#

Consi"ering the foregoing obser$ations on the in$ol$ement of P6Ds in com laints lo"ge" in the Commission% the rofile of P6Ds who are in contact with the Commission will most liAely ha$e the following characteristics7 P6Ds who go to the Commission will most liAely be a com lainantE$ictim 9nly & in about &. P6Ds will be allege" er etrators -he $ictim will most liAely be female. 1P6D $ictim M7! ratio is &7<.6.2 Com laints by the P6D females will most liAely in$ol$e se@ual abuse Per etrator will most liAely be a Kci$ilianL.

13

I4. THE COMMISSION ON HUMAN RIGHTS OF THE PHILIPPINES AS SUR4EY RESPONDENT 1. Doe -o(r $/e#!- =$.e $ dire!% "$#d$%e %o $ !o,- o* -o(r e#$0'i#/ '$w+"$#d$%e. i % PWD > I* -e 5 ,'e$ e $%%$!= $

?9. -he owers an" functions of the C#R as enumerate" in Article IIII of the &9'( Constitution co$ers all !ili inosEall $ictims of human rights $iolations an" there is no "irect mention of P6Ds. Although not e@ licitly state"% P6Ds is among the $ulnerable sectors being monitore" by the C#R 1In articular% through the !irst Phili ine #uman Rights Plan.2 1. Doe -o(r $/e#!- =$.e $ we0 i%e $.$i'$0'e %o %=e Ge#er$' P(0'i!> I* -e 5 ,'e$ e i#di!$%e -o(r we0 $ddre . ;:S. www.chr.go$. h ?. Doe -o(r $/e#!- =$.e $ wri%%e# ,o'i!- o# =$#d'i#/ !o",'$i#% 'od/ed 0- or $/$i# % PWD > ?9. @. I# %=e $0 e#!e o* $ wri%%e# ,o'i!-5 =ow doe -o(r $/e#!- =$#d'e !o",'$i#% i#.o'.i#/ PWD > Do -o( ,ro.ide ,e!i$' %re$%"e#% *or PWD !'ie#% > #an"ling of com laints by or against P6Ds is the same as those of other com lainants e@ce t when the con"ition of the P6D warrants s ecial assistance. A. Doe -o(r $/e#!- =$.e $ i/#ed *o!$' ,er o# +o**i!er Bi#B!=$r/e =$#d'i#/ !o",'$i#% +!$ e i#.o'.i#/ PWD > ?one. 9nly for women an" chil"ren. 5ut% there is a focal erson for P6Ds un"er the Phili ine #uman Rights Plan)I% who atten"s to concerns in$ol$ing P6Ds. ;. H$ %=ere 0ee# e# i%i.i%- %r$i#i#/ *or -o(r i#.e %i/$%or 5 ,ro e!(%or 5 i#%er,re%er 5 o!i$' wor)er 5 e%!. i# %=i re/$rd> ?one. 8. How doe -o(r $/e#!- *$!i'i%$%e !o""(#i!$%io# wi%= PWD i# %=e $0 e#!e o* ,e!i$''- %r$i#ed ,er o##e'> 8.1 For %=e .i ($' $#d =e$ri#/ i",$iredC Doe -o(r $/e#!- e#$0'e $!!e %o Br$i''e er.i!e 5 i/# '$#/($/e $#d o%=er !o""(#i!$%io# *$!i'i%ie *or PWD > Co('d -o( ,e!i*- i# %i%(%io# -o(r $/e#!- =$ e#/$/ed %o *$!i'i%$%e !o""(#i!$%io# wi%= PWD >

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;es% whene$er necessary P6Ds are referre" to the DS6D% : he a School for the 5lin" 1Anti olo City2 an" ?C6DP 8.1For %=e "e#%$''-5 , -!=o'o/i!$''- $#d+or de.e'o,"e#%$''- !=$''e#/edC do %=e=$.e $!!e %o o!i$' wor)er 5 , -!=o'o/i % $#d o%=er "edi!$' ,ro*e io#$' %o $ i % %=e"> Co('d -o( ,e!i*- i# %i%(%io# -o(r $/e#!- =$ e#/$/ed i# %=i re/$rd> ;es% whene$er necessary P6Ds are referre" to DS6D 1Sagi Nalinga2% ?CM# an" Jose !abella Center 7. I# %er" o* ,=- i!$' $!!e o* PWD 9 $re -o(r ,re"i e !o",'i$#% wi%= %=e $!!e i0i'i%- '$w 2e./. r$", 5 e'e.$%or *or w=ee'!=$ir 5 e%!.3 P'e$ e e#("er$%e *$!i'i%ie %=$% $''ow PWD $!!e %o -o(r 0(i'di#/ +,re"i e . ?ot fully com liant as only the entrance to the buil"ing ro$i"es accessibility 1ram 2. 6. Do -o( !$%e/oriDe+di $//re/$%e d$%$ o# !o",'$i#% +!$ e +!'ie#% 5 e%!. i# -o(r %$%i %i!$' re,or% 0- .('#er$0'e /ro(, 2i.e. e'der'-5 !=i'dre#5 wo"e#5 PWD 5 e%!.3E (!= %=$% !o",'$i#% *ro" $#d $/$i# % PWD $re re!o/#iDed %$%i %i!$''-> -here is "ata "isaggregation% howe$er% the information "eri$e" from the "atabanA cannot be sai" to be thorough since categories of $ictimsEcom lainants an" er etrators are fille" u an" not chosen from a list of choices. -herefore% the in"ication of "isability while G"eri$ableH can be "e en"ent on the le$el of sensiti$ity of the C#RP In$estigator. -he Commission is currently "e$elo ing an enhance" an" interacti$e on)line "atabanAing system that will generate information on s ecific categories of human rights $iolations as well as $ictim an" er etrator categories which will feature fi@e" o tions that can be ticAe" as a ro riate% i.e. a female% chil"% who is $isually im aire"Eblin". -hrough this% P6DsL information can be better ca ture". 1:. W=$% $re -o(r $/e#!-< di**i!('%ie i# e#$0'i#/ PWD %o $!!e %=e F( %i!e - %e"5 ,e!i*i!$''- i# re'$%io# %o $0o.e"e#%io#ed i (e > P'e$ e ,e!i*- =ow %=e e di**i!('%ie !$# 0e o.er!o"e %=ro(/= ,o'i!- i ($#!e 5 re o(r!e $(/"e#%$%io#5 e%!. 9f the few com lainants who came to the office the roblem encountere" was on communication as the com lainants were "eaf an" mute. In most cases% a relati$e or frien" who can un"erstan" sign language accom anie" the com lainants. #an"ling of such cases "e en"s on the in$estigator% but generally% communication is facilitate" with the hel of the com anion% or by writing "own the messages.

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4. SUR4EY OF GO4ERNMENT AGENCIES ON THEIR IMPLEMENTATION OF THE RIGHTS OF PERSONS WITH DISABILITIES 2PWD 3 IN ACCESSING THE JUSTICE SYSTEM -en 1&+2 =uestions were a"ministere" in this sur$ey of go$ernment agencies. -he sur$ey forms were sent to the following go$ernment agencies7 &. *. <. .. 9ffice of the Presi"ent Su reme Court of the Phili ines San"igan5ayan /o$ernment Ser$ice Insurance System 0. Social Security System 6. Commission on Au"it (. De artment of -rans ortation P Communication '. De artment of -ra"e an" In"ustry 9. 9ffice of the 9mbu"sman &+. Commission on :lections &&. Ci$il Ser$ice Commission &*. De artment of -ourism &<. ?ational Council for the 6elfare of Disable" Persons 1DS6D2 &.. De artment of Social 6elfare an" De$elo ment &0. 5ureau of Design 1DP6#2 &6. De artment of ?ational Defense &(. ?ational 3abor Relations Commission 1D93:2 &'. ?ational Conciliation an" Me"iation 5oar" 1D93:2 &9. De artment of 3abor an" :m loyment *+. 5ureau of Construction 1DP6#2 *&. De artment of Public 6orAs an" #ighways **. 5ureau of Agrarian 3egal Assistance 1DAR2 *<. De artment of 3an" Reform *.. Public AttorneyLs 9ffice 1D9J2 *0. Parole an" Probation A"ministration 1D9J2 *6. Commission on the Settlement of 3an" Problems 1D9J2 *(. 5ureau of Immigration 1D9J2 *'. 5ureau of Corrections 1D9J2 *9. 5oar" of Par"ons an" Parole 1D9J2 <+. De artment of Justice <&. Phili ine ?ational Police 1DI3/2 <*. ?ational Police Commission 1DI3/2 <<. 5ureau of Jail Management P Penology 1DI3/2 <.. 5ureau of !ire Protection 1DI3/2 <0. 5ureau of 3ocal /o$ernment Su er$ision 1DI3/2 <6. ?ational 5arangay 9 erations 9ffice 1DI3/2 <(. De artment of Interior an" 3ocal /o$ernment <'. Commission on #igher :"ucation <9. 5ureau of ?on)!ormal :"ucation 1De :"2 .+. 5ureau of Secon"ary :"ucation 1De :"2 .&. De artment of :"ucation

9f the .& agencies sur$eye" only a total of *6 agencies res on"e" to the =uestionnaire. Classification of res on"ents are as follows7 Community Pillars 3aw :nforcement Pillar Prosecution Pillar Courts Pillar Corrections Pillar ) ) ) ) ) . + * * <

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9thers -9-A3

) &0 *6 res on"ents

9f the *6 agencies% &< or 0+M ha$e a "irect man"ate to assist Persons with Disabilities.

We0 i%e A.$i'$0i'i%G6ebsite a$ailabilityH of agencies was asAe" to "etermine whether the agencies are res onsi$e with go$ernment "irecti$es to maAe information an" ser$ices a$ailable online. 6ebsite ublication of information an" ser$ices will certainly reach more ersons with "isabilities 1 ro$i"e" they ha$e access2 as the current technology is attune" to the nee"s of the hearing im aire". Sur$ey results show that (<M 1&9 agencies2 ha$e set u a website.

Wri%%e# Po'i!9n the written olicy regar"ing com laints lo"ge" by or against P6Ds only < agencies or &&M of the *6 res on"ents ha$e a written olicy on this. 9f the *6 agencies that "o not ha$e written olicy on P6Ds% <'M claime" s ecial treatments are ro$i"e" to P6Ds such as7 $isiting P6Ds in their homes ro$ision of wheelchairs an" assistance by me"ical ractitioner rioriti8ing P6Ds an" not re=uiring them to =ueue $"e treatment is gi$en to all clients i.e. no s ecial

.*M of these agencies claim that the treatment for P6Ds.

A written olicy suggests an institutional awareness an" sensiti$ity towar"s Persons with Disability. -his also ensures that officers of the agency are ma"e aware of their res onsibilities in their contact with P6D)clients. 9nly ( or *(M of the *6 agencies ha$e focal ersonsEofficers)in)charge for P6D cases. Si@ty)nine ercent 169M2 of the *6 agencies ha$e res on"e" that they a ly a Fu"icious a lication in roce"ures to accommo"ate P6Ds or res on" that frontline ersonnel are sAille" in han"ling all ty es of com laints inclu"ing P6Ds. Inconsistencies were obser$e" in the res onses of the De artment of Social 6elfare an" De$elo ment 1DS6D2 an" the ?ational Council for the 6elfare of Disable" Persons 1?C6DP2. ?C6DP is an attache" agency or unit of the DS6D. DS6D answere" that there is a written olicy an" cite" that the ?C6DP has establishe" its regional counter art to res on" to the com laints of P6Ds against $iolations of the law. #owe$er% the ?C6DP mentione" that the CouncilLs /o$erning 5oar" has yet to a ro$e the ro ose" mechanism on the filing of com laint against $iolators of RA (*(( or the Magna Carta for Disable" Persons an" 5P <.. or -he Accessibility 3aw% which was re are" by the De artment of Justice through its -asA !orce

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on Accessibility% in artnershi with the ?C6DP as ro$i"e" in ?C6DP 5oar" Resolution ?o. +0% SE*++6.

Se# i%i.i%- Tr$i#i#/

6ith res ect to sensiti$ity training of In$estigators% Prosecutors% Inter reters% Social 6orAers% etc.% only &9M of the agencies ha$e un"ergone sensiti$ity training for their worAers. -he DS6D an" ?C6DP again showe" inconsistency in their re lies as the DS6D answere" that there ha$e been sensiti$ity trainings which were con"ucte" by the DS6D an" the ?C6DP in collaboration with other go$ernment agencies an" non)go$ernment organi8ations. 5ut% the ?C6DP answere" none. In the absence of s ecially traine" ersonnel% agencies facilitate communication with P6Ds through artnershi arrangements with the following7 1. ?ational Center for Mental #ealth 2. Resources for the 5lin"% Inc. Phil. ?ational School for the 5lin" 3. Phili ine School for the DeafC A"a ti$e -echnology for Rehabilitation% Integration an" :m owerment of ,isually Im aire" 4. Phil. Registry of Inter reters for the Deaf 5. Phil. Institute for the Deaf 6. Southeast Asian Institute for the Deaf 7. ?ational Council for the 6elfare of Disable" Persons 8. Regional Council for the 6elfare of the Disable" 9. ?ational ,ocational Rehabilitation 6orAsho 10. De artment of #ealth 11. De artment of :"ucation 9nly 6 or *<M of the agencies facilities. ro$i"e access to sign language an" other communication

It is significant to note that one agency% the Su reme Court of the Phili ines cite" Memoran"um 9r"er ?o. 09)*++. ro$i"ing for the hiring of sign language inter reters when necessary an" the Rule of the :@amination of a Chil" 6itness which ro$i"es for the a ointment of an inter reter. In relation to access to me"ical an" other rofessionals% 9 agencies or <.M answere" in the affirmati$e.

A!!e i0i'i%- L$w Co",'i$#!e

9n go$ernment agenciesL com liance with the accessibility law% '+M or *& agencies answere" ositi$ely with the following list of facilities a$ailable7 6*M or &< agencies ha$e ram s an" ele$ators &.M or < agencies ha" ram s% ele$ators an" toilets for P6Ds 0M or & each for ) ram s% ele$ators% toilets% arAing P signages for P6DsC an"

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) ram s% ele$ators% toilets an" wheelchairsC 9M or * with ram only

It is interesting to note that one agency "i" #o% see the nee" to maAe remises com liant as they ha$e no P6D clients.

S%$%i %i! o# PWD

9n the statistical recognition of P6Ds through cases file" in agencies% ** or '.M res on"e" that there was no "ata "isaggregation on P6Ds. #owe$er% * res on"ents out of the ** claime" "isaggregation for other $ulnerable grou s such as chil"ren an" in"igenous eo les% while one 1&2 agency notes that the "isaggregation is by ensioner.

Di**i!('%ie

o# PWD < A!!e

%o J( %i!e

-he sur$ey also asAe" the "ifficulties that P6Ds encounter in gaining access to the Fustice system. :ight 1'2 agencies or <&M of res on"ents cite" the following nee"s7 A""itional trainings% seminars Clear cut olicy on han"ling of P6Ds !ull im lementation of 5P <.. an" RA (*(( A""ress the issue of &M allocation for P6Ds rogramsE roFects 1/AA J /eneral Pro$isions *9 an" <&2 Designation of a focal erson 9$ercome both attitu"inalE hysical barriers More su ort from go$ernment in terms of logistics% facilities% etc. :@tensi$e information "issemination rogram

-hrough the following recommen"ations% the abo$ementione" nee"s may be a""resse"7 Policy "e$elo mentElegislation in han"ling com laints an" on the a ointment of a focal erson in e$ery agency Strengthen coo eration an" collaboration among the Public AttorneysL 9ffice% De artment of Justice an" other legal grou s ro$i"ing free legal assistance to P6Ds Massi$e information an" e"ucation cam aigns on the rights of P6Ds Ca acity buil"ing acti$ities for social worAers worAing with P6Ds !ormulation of gui"elines on the romotion of access to P6Ds to the Fustice system Ca acitate 3/>s to ro$i"e assistance to P6Ds

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4I.

SUR4EY OF PERSONS WITH DISABILITIES IN THEIR CONTACTS WITH THE PILLARS OF JUSTICE

Parallel to the sur$ey of go$ernment agencies relati$e to P6DsL access to Fustice% the Commission on #uman Rights of the Phili ines 1C#RP2 con"ucte" a sur$ey to "etermine the nature of assistance sought by Persons with Disabilities from go$ernment agencies an" their le$el of satisfaction with res ect to ser$ices ren"ere" by these agencies. !or this ur ose% the C#RP coor"inate" with the ?ational Council for the 6elfare of Disable" Persons an" P6D organi8ations. -here were nine 192 P6Ds who res on"e" to the sur$ey but only four of them ha$e e@ erience" seeAing assistance from go$ernment agencies. 9ne com laine" about being treate" harshly by neighbors 1stones thrown at resi"ence% name calling% etc.2% another com laine" about a son who was or"ere" to ara"e aroun" the $illage with the tag% GAAyat 5ahay AAoH 1I am a robber2 u on the or"ers of the barangay ca tain% an" the other two sought Fob lacement. -he P6Ds either went ersonally to the go$ernment offices or through letters. -hey file" their com laintsEre=uests at the De artment of Social 6elfare an" De$elo ment 1DS6D2% De artment of Interior an" 3ocal /o$ernment 1DI3/2% 4ue8on City MayorLs 9ffice% 4ue8on City ,ice)MayorLs 9ffice an" at the office of the Congresswoman from 4ue8on City% the Senate% /o$ernment Ser$ice an" Insurance System 1/SIS2 an" the 4ue8on City #all. 9f the four res on"ents who ha$e sought the hel of a go$ernment agency one in"icate" that he was $ery satisfie" with the res onse of Mayor !eliciano 5elmonte of 4ue8on City% another e@ resse" that his re=uest for Fob lacement was grante" by the 4ue8on City #all% while another sai" that the res onse you get "e en"s on the ersonality of the erson you a roach. 9ne of the res on"ents narrate" that he was "irecte" to go from one go$ernment agency to another but because of his hysical han"ica he o te" to write the agencies but got no re ly from them. In res onse to the =uestion regar"ing s ecial facilities for P6Ds% the four res on"ents cite" the resence of ram s an"Eor ele$ators in most of the go$ernment offices that they $isite" but tooA note of the absence of such facilities at the 4ue8on City Post 9ffice an" the Main Post 9ffice in Manila. 6ith regar"s to the =uestion on how the go$ernment can better han"le com laints arising from or lo"ge" against P6Ds% all nine 192 res on"ents ro$i"e" suggestions% as follows7 -here shoul" be imme"iate action on com laintsC Agency ersonnel shoul" familiari8e themsel$es with lan"marA legislations on P6Ds liAe RA (*(( an" 5P <..C Strengthen the im lementation of rograms an" ser$ices for P6DsC Agencies shoul" ro$i"e s ecial lanes or units that will han"le P6D com laintsEcasesC Strengthen the im lementation of laws on P6Ds articularly RA (*(( an" 5P <..C

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!or the De artment of :"ucation to integrate $alues e"ucation in schools starting at the elementary le$el an" gi$e articular em hasis on res ect for eo leLs rights s ecially the rights of P6DsC !or Channel .% the go$ernment -, station to ro"uce a rogram that romotes the rights of P6DsC !or go$ernment to ro$i"e em loyment for P6DsC an" -here shoul" be a se arate rogram for P6Ds.

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PWD SURVEY W O R K I N G G R O U P
GUINTIN B. CUETO III
Commissioner)in)Charge ProFect Pro onent

Director% /o$ernment 3inAages 9ffice :"itor an" 6riter

HAREN S. GOMEIBDUMPIT

MARISSA C. BARBA
:"itor an" 6riter

FARAH 4IE C. GENOBATEN

Proof Rea"erECo y :"itor

NERISSA B. OBINA

Data /atherers

$#d

CORAION S. TIU

Pre are" by the /o$ernment 3inAages 9ffice 1/o$3inA2 of the Commission on #uman Rights of the Phili ines. /o$3inA un"ertaAes coo eration as a mo"e of engagement with the e@ecuti$e% legislati$e an" Fu"iciary in res ect of the CommissionLs man"ate to monitor go$ernment com liance with human rights treaty obligations articularly of its treaty re orting obligationsC the harmoni8ation of "omestic laws in accor"ance with the stan"ar"s an" rinci les set by Core International #uman Rights Instruments an" its res ecti$e rotocolsC monitoring of Phili ine Juris ru"ence that affirms "omestic a lication of ro$isions of core human rights treatiesC an" a"$ising the e@ecuti$e on the im lementation of the obligations to res ect% rotect an" fulfil human rights.

6e thanA all those who ha$e share" their time an" e@ ertise with the Commission in un"ertaAing this 6orAing Pa er. /o$3inA welcomes any corrections% comments an" suggestions to this 6orAing Pa er.
Naren S. /ome8 Dum it Director% /o$3inA Commission on #uman Rights of the Phili &&' Commonwealth A$enue >.P. Diliman% 4ue8on City &&+< P#I3IPPI?:S 1Q6<*2 9*(.+<< 1Q6<*2 9*(6*0. telefa@ Ag"um itRyahoo.com

ines

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