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ORIENTATION ON DISABILITY

LAWS:
Principles, Evolution, and local
implementation

AMALIA A. DECENA
Balanced scorecard
Objectives: slide 1

 To discuss the principles and evolution of disability laws

 To discuss salient features of the laws promoting access,


participation, inclusion, and self-reliance of persons with
disabilities.

 To identify areas for advocacy and strategies for local


implementation.

“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Evolution of Laws and Policies concerning Persons with Disabilities

Inclusion Disability
Telemedicine
Support
Mainstreaming Fund

Welfare

Social Partnership with


Protection Medical Persons with
Disabilities

“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Medical Focuses on
model
Health intervention

Empowerment
Persons with
Addressing
Rights-based disabilities as
Non-inclusive Social model
model
Rights-holder with
environment
obligation

DISABILITY MODELS AND APPROACHES

“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Laws promoting Access,
Participation, Inclusion and
Self-Reliance of Persons with
Disabilities

“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
“An Act to enhance the mobility
of disabled persons by requiring
certain buildings, institutions,
establishments and public
utilities to install facilities and
other devices”

“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Minimum Requirements for Accessibility
(Rule II, IRR, BP 344)

1. Accessible Ramps
2. Slip Resistant materials
3. Handrails and Grab bars
4. Parking
5. Signages

Local Practices: (1) Ordinance for creation of Access Audit team and access audit (2) LGU
issuance of notice of non-compliance (3) Recognition of compliant establishments
Areas for Advocacy: Local policy support, Amendment of BP 344, Promote Universal Design

“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Republic Act No. 7277
Magna Carta for Persons with disabilities

An Act Providing for the Rehabilitation, Self-


Development and Self-Reliance of Persons with
Disabilities and Their Integration into the Mainstream
of Society and for Other Purposes

“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Republic Act No. 7277, Political and Civil Rights
Magna Carta for Persons with Disabilities
Accessibility
Guiding Principles:
Telecommunications

Auxiliary Social Services


 Same and Equal Rights
 Live freely and independently
Employment
 Advocacy for the Rights of Persons with Disabilities
 Enabling environment Education

Health

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“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Political and Civil Rights
Republic Act No. 7277,
Magna Carta for Persons with Disabilities Accessibility

Amendments: Telecommunications

Auxiliary Social Services


 Benefits and privileges
 Respect for persons with disabilities Employment
 Access to services Education
 Disability structure
Health

Local Practices: (1) Orientation (2) Legal basis for program planning and budgeting e.g. CBR
Areas for Advocacy: Local policy support for implementation; Policy evaluation 10

“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Republic Act Nos. 9442 and
10754
 Persons with disabilities are entitled to 20% discounts and
12% VAT exemption if applicable, on certain goods and
services.
 Prohibitions on verbal, non-verbal ridicule and vilification
against persons with disability
 Person with Disability ID is issued by the Local Government
Unit (PDAO or Social Welfare Office)
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“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Benefits and Privileges under RA 10754

 Hotels, restaurants and recreation centers


 Theaters, cinemas and other similar places of leisure and
amusement
 Medicines, medical and dental services including
diagnostics and laboratory fees; Professional fees of
Doctors
Transportation fare land, domestic air and sea travel
 Educational assistance through the provision of
scholarship, grants

“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Benefits and Privileges under RA
10754
5% discounts on purchase of basic and prime
commodities (DA and DTI)
 Express lanes for persons with disabilities
 Funeral and burial services

Local Practices: (1) Issuance of ID for all ages including Senior Citizens with disability (2)
Uniform ID design (3) Uploading of disability data to the PRPWD
Areas for Advocacy: Local policy support for implementation 24

“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
What is Republic Act No. 10070 or PDAO Law?

An Act Establishing Institutional Mechanism to Ensure the


Implementation of Programs and Services for Persons with
Disabilities in Every Province, City and Municipality,
Amending Republic Act No. 7277, Otherwise known as the
Magna Carta for Disabled Persons, as Amended, and for
Other Purposes.

Approved: April 06, 2010

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“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
What does RA 10070 says?

 1st-3rd class Province, Cities and Municipalities - Creation


of Persons with Disability Affairs Office (PDAO) and
appointment of a PDAO Officer by the Local Chief Executive
(Section 1.1)
 4th-6th class municipalities - Designation of a Focal Person
 Priority to qualified and eligible person with disability in
appointment of PDAO/ Focal Person through General
assembly
 Consultation with NCDA, NGOs and Peoples’
Organizations in the establishment of a PDAO or the
appointment of a focal person
 Annual Budget allocation
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“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Why establish a PDAO?

 As institutional mechanism – to ensure programs to


address the development needs of persons with
disabilities e.g. to education, livelihood and employment
 Monitor the implementation of disability laws e.g.
Accessibility law compliance, ID issuance
 Represent persons with disabilities in meetings of local
development councils and other special bodies
 Disability data collection and dissemination of disability-
related information (e.g. uploading to the DOH PRPWD
system)
 Resource mobilization and networking
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“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
What is the structure of PDAO?
 An office under the Local Chief Executive (LCE)
 PDAO Head / Officer (1st – 3rd Class Province, Cities and
Municipalities)
 PDAO support staff (technical and or administrative)
 Focal Person on Disability (4th -6th Class municipalities)

Local Practices: (1) Policy support for creation of PDAO (2) Disabilty data (3) Budget (4)
Coordination with concerned government agencies (5) Permanent PDAO Head selected through
GA (6) PDAO conducts Disability Sensitivity Training
Areas for Advocacy: Local policy support for implementation; Participation to SGLG; Review of
the law for amendment
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“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Republic Act No. 10366

Accessible Polling Places for Persons with


Disabilities
 Should be requested to local COMELEC office
prior to election day.

Local Practices: (1) Disability data (2) Local Advisory for assisting persons with disabilities during
election (3) PDAO conducts Disability Sensitivity Training (4) Coordination with COMELEC (5)
Support of Federation for transportation and other logistics
Areas for Advocacy: Local policy support for implementation
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“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Republic Act No. 10524

“An Act reserving at least 1% of all positions in


government and private companies for persons with
disability”

 Providing tax incentives to employers of Persons


with Disabilities
Local Practices: (1) Employers’ forum (2) Local policy support for implementation (3) PDAO
conducts Disability Sensitivity Training (4) Disability Data (5) Pre-employment support services (6)
Recognition for Employers who hired persons with disabilities
Areas for Advocacy: Local policy support for implementation
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“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Republic Act No. 11106

“An Act Declaring the Filipino Sign Language (FSL)


as the National Sign Language of the Filipino Deaf
and the official Sign Language of the Government in
all transactions involving the Deaf, and mandating its
use in schools, broadcast media and workplaces”

Local Practices: (1) PDAO conducts Disability Sensitivity Training (2) Sign Language Training (3)
Local Policy support
Areas for Advocacy: Local policy support for implementation 28

“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Republic Act No. 11228
Philhealth monthly premium contributions for unemployed
persons with disabilities shall be paid by the national
government:
For employed persons with disabilities, premium
contributions shall be shared equally by their employers and
the national government
Special packages to be developed exclusively for person
with disabilities such as assistive devices and rehabilitation
services
Local Practices: Uploading of disability data to the PRPWD
Areas for Advocacy: Exclusive Philhealth packages on Rehabilitation services; Revisit policy on
the accreditation of service providers

“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Republic Act No. 10747

An Act Promulgating a Comprehensive Policy in addressing the


needs of Persons with Rare Disease

Persons with rare disease shall be considered as persons


with disabilities in accordance with Republic Act No. 7277 or
the Magna Carta for Persons with Disabilities (Section 10, RA
10747)

Local Practices: Issuance of person with disability ID


Areas for Advocacy: Local support for implementation
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“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
Republic Act No. 11215

“An Act Institutionalizing a National Integrated Cancer Control


Program and Appropriating Funds Therefor”

Cancer patients, persons living with cancer and cancer


survivors are considered as persons with disabilities in
accordance with the Magna Carta for Persons with Disabilities
(Section 25, RA 11215)

Local Practices: Issuance of person with disability ID


Areas for Advocacy: Local support for implementation 31

“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
F. Program review,
monitoring and
Feedback report
A. Passage of B. Adoption of C. Planning and
Disability Laws Department Program
such as RA Orders, Development by
7277; Circulars or National
Disability
EO no. 417 Issuances by Government D.Budget specific
Executive Agencies or LGUs
Deliberation program
Agency or
LGU
and
Allocation

Consultation
with Persons
with
Disabilities

Disability Data
Mainstreamed E. Persons with
Exclusive
Program Implementation Disability Disabilities
Consultation mechanism structure (Beneficiary or
partner)
with Persons
Organizations
with
of Persons with
Disabilities Accessible Disabilities
Information and
Communication

Include budget for


Administrative (1-3%) and
operational costs (5-7%) for
Person with disabilities’ access Mainstreamed
and participation Structure

Policy Implementation: Translating National Disability Laws to Policies, Plans


and Programs of Local Government Units
Let us work together in empowering Persons with
Disabilities through responsive policies, programs and
services.

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“Empowering Persons with Disabilities through Responsive Policies, Programs, and Services”
THANK YOU!
Amalia A. Decena
NAPC – Council Member
0975-634-5176
amaliadecena495@gmail.com

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