PERSONS WITH DISABILITIES (PWDs)

Disabilities, as defined by the World Health Organization, is an umbrella term covering

impairments, activity limitations, and participation restrictions. Thus, it does not limit itself to
just a health problem. It is viewed as a complex phenomenon, reflecting the interaction between
features of a persons body and features of the society in which he lives. Interventions are then
necessary in order to lessen the environmental and social barriers of PWDs and allow them to
overcome the difficulties they face
1
. The United Nation Convention on the Rights of Persons
with Disabilities (CRDP) also recognizes that disability is an evolving concept, resulting from
the interaction between persons with impairments and attitudinal and environmental barriers that
hinder their full and effective participation in society on an equal basis with others
2
.

People with disabilities also include those with intellectual, physical, sensory (hearing,
vision, and/or speech), psychiatric/mental illness, or acquired disabilities. People with disabilities
are often marginalized and are found to have less employment opportunities than those without
disabilities.
3
Persons with disabilities often are excluded from the mainstream of the society and
denied of their human rights. Discrimination against persons with disabilities takes various
forms, ranging from invidious discrimination, such as the denial of educational opportunities, to
more subtle forms of discrimination, such as segregation and isolation because of the imposition
of physical and social barriers. Effects of disability-based discrimination have been particularly
severe in fields such as education, employment, housing, transport, cultural life and access to
public places and services. This may result from distinction, exclusion, restriction or preference,
or denial of reasonable accommodation on the basis of disablement, which effectively nullifies or
impairs the recognition, enjoyment or exercise of the rights of persons with disabilities.
4



1
Disabilities. (2012) World Health Organization. Retrieved from: http://www.who.int/topics/disabilities/en/
2
Retrieved from http://www.handicapinternational.ph/docs/umwad/Guide-to-Understanding-Disability-and-
Rights-of-Persons-with-Disabilities.pdf on February 20 2014
3
Rights of Persons with Disabilities in Accessing the Justice System (2007). Commission on Human Rights
Philippines. Retrieved from
http://www.chr.gov.ph/MAIN%20PAGES/about%20hr/advisories/pdf_files/FINAL%20fullPWDreport.pdf
4
Overview of International Legal Frameworks for Disability Legislation,
<http://www.un.org/esa/socdev/enable/disovlf.htm> Accessed on February 20, 2014
Statistics on Human Rights Violation complaints involving Persons with Disabilities
(PWDs) retrieved from the CHRPs databank on the from the period of 1987-2006 indicate that
complaints lodged were mostly of a sexual abuse nature with 36 out of 56 complaints or 64%.
Six complaints involved the right to life (Murder, Frustrated Murder) or 11%. Physical Abuse
was logged at 4 out of 56 or 7% and 2 cases of Arbitrary Detention, Unlawful Arrest were posted
or 3.5%. One complaint each was logged at 1.8% apiece involving discrimination and complaints
on case handling by law enforcement such as Dereliction of Duty, Planting of Evidence and
Grave Slander by Deed. There are 57 PWD alleged victims of human rights violations who
sought the assistance of the Commission for the period 1987 July 2006 on complaints of
alleged human rights violations. PWDs are at a higher risk of becoming victims of crime and
exploitation; they may be unknowingly used by others for criminal purposes; they may be denied
opportunities because of their difference; and they may lack access to facilities and resources
they need, including courts and other legal institutions.
5



LOCAL AND INTERNATIONAL SOURCES OF RIGHTS
67


A source of rights which seeks to protect and empower PWDs is the UN Convention on
the Rights of the Persons with Disabilities.
The principles of the present Convention are:
a. Respect for inherent dignity, individual autonomy including the freedom to make ones
own choices, and independence of persons;
b. Non-discrimination;
c. Full and effective participation and inclusion in society;
d. Respect for difference and acceptance of persons with disabilities as part of human
diversity and humanity;
e. Equality of opportunity;
f. Accessibility;

5
Ibid.
6
Ibid.
7
Magna Carta for Disabled Persons(2012). Association of Differently-Abled Persons in Iloilo Multi-Purpose
Cooperative. Retrieved from: http://adpi-mpc.tripod.com/id20.html on February 20, 2013
g. Equality between men and women;
h. Respect for the evolving capacities of children with disabilities and respect for the right
of children with disabilities to preserve their identities.

In the Philippines, laws and ordinances which cater to the needs of PWDs have been
enacted. Such laws grant rights and privileges for disabled persons, and ultimately aim for social
rehabilitation and integration of disabled persons into the mainstream of society:
Republic Act 7277 (1992) - Magna Carta for Disabled Persons
An Act providing for the rehabilitation, self-development and self-reliance of
disabled persons and their integration into the mainstream of society and for other purposes
Republic Act 9442 (2007) - Magna Carta for Persons with Disability as Amended, and for
other purposes
An Act amending RA 7277, granting additional privileges and incentive and
prohibitions on verbal, non-verbal ridicule and vilification against persons with disability
Under Sec. 32. Persons with disabilities shall be entitled to the following:
- At least twenty percent (20%) discount from all establishments including hotels,
restaurants and recreation centers; theaters, cinema houses; purchase of medicines in
all drugstores; medical and dental services; fare for domestic air and sea travel;
public railways, skyways, bus fares.

Republic Act 10070 (2010)
An act establishing an institutional mechanism to ensure the implementation of
programs and services for persons with disabilities in every province, city, and municipality,
amending RA 7277
This law directs the setting up of Persons with Disability Affairs Office (PDAO) in all
provinces, city and municipality to be headed by a qualified disabled person.
Batas Pambansa Blg. 344 - An Act to Enhance the Mobility of Disabled Persons by
Requiring Certain Building, I nstitution, Establishments, and Other Public Utilities to
I nstall Facilities and Other Devices

The law promotes the realization of the rights of disabled persons to participate fully
in the social life and the development of the societies and the enjoyment of the opportunities
available to other citizens. The law mandates the installment and incorporation in buildings,
establishments and public utility, such architectural facilities or structural features as shall
reasonably enhance the mobility of disabled persons such as sidewalks, ramps, railings and
the like.
8


Bacolod City: City Ordinance No. 519 - An Ordinance Creating the Office of Person with
Disability Affairs and Providing Funds Thereof

The ordinance creates the Office of Persons with Disability Affairs (OPDA) which
includes the following functions:
- coordinate all activities and implement plans, programs including but not limited to
providing assistance to the problems, concerns and issues of pwds
- gathering of data of pwds including the directory of NGOs, POs and the like and projects
formulated and approved by the city council for the welfare of disabled persons
(CCWDP)
- take charge of all the administrative concerns and requirements of the office and the city
council for the welfare of disabled persons (CCWDP)


INTERNATIONAL DISABILITY AND HUMAN RIGHTS ORGANIZATIONS
9


Action on Disability and Development

8
Accessibility Law BP 344 (n.d.) Architecture Board. Retrieved from:
http://www.architectureboard.ph/uploads/1212969359-BP344%20(1983).pdf
9
International Comparative Disability Law Web Resources. <http://www.law.syr.edu/library/electronic-
resources/legal-research-guides/humanrights.aspx?pid=17&pf=1.8> Accessed on February 20, 2014
A British-based organization supporting rights based development work with groups
of disabled people in twelve African and Asian countries.

Center for I nternational Rehabilitation
The Center for International Rehabilitation (CIR) is a worldwide humanitarian
network of individuals and organizations that promotes the full potential of people with
disabilities through education, innovation, and advocacy. Their objective is to serve as a
platform to foster dialogue and partnerships between people with disabilities and those who
care. In addition, to support the drafting process of the United Nations Convention on the
Rights of People with Disabilities and to provide country and region specific information
about the condition of people with disabilities worldwide, the CIR has launched the
International Disability Rights Monitor (IDRM) project. The IDRM project is a global effort
that documents and assesses the conditions of people with disabilities worldwide and the
ongoing human rights violations that are a part of their daily lives.

Disability Awareness in Action: The I nternational Disability & Human Rights Network
A British-based international human rights network with an emphasis on support for
developing countries.

Disabled Peoples I nternational
A network of national organizations or assemblies of disabled people promoting
human rights of disabled people through full participation, equalization of opportunity and
development. The web site describes DPI initiatives organized by topic and region. The
United Nations Convention page offers extensive current coverage of the convention process,
as well as DPI interventions, meeting summaries and position papers.

Disability Rights Education and Defense Fund, Inc. (DREDF)
A U.S. law and policy center dedicated to protecting and advancing the civil rights of
people with disabilities through legislation, litigation, advocacy, technical assistance, and
education and training of attorneys, advocates, persons with disabilities, and parents of
children with disabilities.

Global Partnership for Disability and Development (GPDD)- Member Organizations
"The GPDD was formed to increase collaboration among development agencies and
organizations to reduce the extreme poverty and exclusion of the substantial number of
children, women and men with disabilities living in poor countries." The links to member
organizations, which includes non-profit organizations as well as governmental and
academic entities as well as business enterprises, is organized alphabetically.

I nternational Disability Alliance
IDA represents more than 600 million people in the world with a disability. The
alliance is composed by the following eight international organizations of and for people
with disabilities: Inclusion International, International Federation of Hard of Hearing People,
World Blind Union, Disabled Peoples' International, Rehabilitation International, World
Federation of the Deaf, World Federation of the Deafblind, World Network of Users and
Survivors of Psychiatry.

Disability World
WID heads the IDEAS for the New Millennium Project , a five year collaborative
project with other disability groups funded by the National Institute on Disability and
Rehabilitation Research. One of IDEAs projects is Disability World, a free web magazine
dedicated to advancing an exchange of information and research about the international
independent living movement of people with disabilities.

I nclusion International
Inclusion International (II) is a global federation of family-based organizations
advocating for the human rights of people with intellectual disabilities worldwide. II
represents over 115 member federations in 200 countries throughout five regions Middle East
and North Africa, Europe, Africa and the Indian Ocean, the Americas, and Asia Pacific.

I nternational Disability & Development Consortium (I DDC)
IDDC is a self-managing group currently consisting of 16 international, regional and
national non-government organizations supporting disability and development work in over
100 countries globally. IDDCs aim is to more effectively and efficiently promote the rights
of disabled people through collaboration and sharing of information and expertise.

I nternational Federation of Persons with Physical Disability
An international, non-profit, politically independent and religiously neutral
association of national non-profit organizations.

Mental Disability Rights I nternational
Established in 1993, MDRI documents conditions, publishes reports on human rights
enforcement, and promotes international oversight of the rights of people with mental
disabilities.

TheWorld Blind Union
The World Blind Union (WBU) is the only organization entitled to speak on behalf of
blind and partially sighted persons of the world, representing 180 million blind and visually
impaired persons from about 600 different organizations in 158 countries.

World Federation of the Deaf
WFD is an international, non-governmental, central organization comprising national
associations of Deaf people. With a membership in 123 countries, WFD represents
approximately 70 million Deaf people worldwide. WFD works to improve the status of
national sign languages and promotes better education for Deaf people. WFD works to
improve access to information and services as well as improve human rights for Deaf people
in developing countries.

World Network of Users and Survivors of Psychiatry
WNUSP is an international organization of users and survivors of psychiatry which
advocates for human rights of users and survivors. WNUSP speaks internationally for users
and survivors and promotes the user/survivor movement in every nation around the globe.
Furthermore WNUSP links user/survivor organizations and individuals throughout the world.

















INTERNATIONAL JURISPRUDENCE:

H.M. v Sweden

FACTS:
The author has a chronic connective tissue disorder, Ehlers-Danlos Syndrome (EDS),
which has led to hypermobility (excessive over-flexibility of joints). The author cannot take
medicines, since she also has atypical hypersensitivity to medicines.
The author can no longer leave her house or be transported to hospital or rehabilitation
care because of the increased risk of injuries that may be incurred due to her impairment. Water
therapy is recommended for Ehlers-Danlos Syndrome by specialists. In the author's case, it
would improve her quality of life as, for example, her joints would become more stable, she
would build more muscle, her blood circulation would improve and her pain and suffering would
be alleviated.
Thereafter, the author applied for planning permission for an extension of approximately
63 square metres to the house on her privately owned piece of land.
The request for building permission was rejected by the rebo Local Housing
Committee. The author appealed the decision of the Local Housing Committee to the rebro
County Council. The appeal was rejected on 3 March 2010. This decision was appealed to the
Karlstad Administrative Court

The author claims that she has been discriminated against by the decisions of the State
partys administrative bodies and courts, since they have failed to take into account her rights to
equal opportunity for rehabilitation and improved health. She has thereby been refused her right
to a worthwhile quality of life
ISSUE:

Whether the author, H.M was discriminated because of her condition?

HELD:

The information before the Committee shows that the authors health condition is critical
and access to a hydrotherapy pool at home is essential and an effective in this case the only
effective means to meet her health needs. The Committee notes that the State party has not
indicated that this departure would impose a disproportionate or undue burden. In this
connection, the Committee notes that the Planning and Building Act allows for departure from
the development plan, and that it can thus accommodate, when necessary in a particular case, an
application for reasonable accommodation aimed at ensuring to persons with disabilities the
enjoyment or exercise of all human rights on an equal basis with others and without any
discrimination.
On the basis of the information before it, the Committee therefore cannot conclude that
the approval of a departure from the development plan in the authors case would impose a
disproportionate or undue burden on the State party.
The State party is under an obligation to remedy the violation of the authors rights under
the Convention, including by reconsidering her application for a building permit for a
hydrotherapy pool, taking into account the Committees Views. The State party should also
provide adequate compensation to the author for the costs incurred in filing this communication











Zsolt Bujdos and five others v Hungary

FACTS:

The six authors of the individual communication are persons with intellectual disabilities who
were placed under partial or full guardianship by court decisions. On account of being placed
under guardianship, their names were automatically removed from the electoral register in
application of Article 70(5) of the Hungarian Constitution (in force at the time) which stipulated
that persons placed under partial or full guardianship do not have the right to vote. Due to these
restrictions, the authors could not vote in parliamentary and municipal elections held respectively
on 11 April and 3 October 2010. They continue to be denied the right to vote.

ISSUE:

Whether right to vote of the authors with intellectual disabilities was violated

HELD:

The Committee recalled that Article 29 requires States Parties to ensure that persons with
disabilities can effectively and fully participate in political and public life on an equal basis with
others, including by guaranteeing their right to vote. Article 29 does not foresee any reasonable
restriction, nor does it allow any exception for any group of persons with disabilities. Therefore,
an exclusion of the right to vote on the basis of a perceived, or actual psychosocial or intellectual
disability, including a restriction pursuant to an individualised assessment, constitutes
discrimination on the basis of disability

Having found the assessment of individuals capacity to be discriminatory in nature, the
Committee held that this measure cannot be purported to be legitimate. Nor is it proportional to
the objective to preserve the integrity of the State partys political system
LOCAL JURISPRUDENCE

Bernardo vs. NLRC (1999) G.R. 122917
FACTS:
Complainants numbering 43 are deaf-mutes who were hired on various periods from
1988 to 1993 by respondent Far East Bank and Trust Co. as Money Sorters and Counters through
a uniformly worded agreement called 'Employment Contract for Handicapped Workers.'
Petitioners maintain that they should be considered regular employees, because their task
as money sorters and counters was necessary and desirable to the business of respondent bank.
They further allege that their contracts served merely to preclude the application of Article 280
and to bar them from becoming regular employees.
Private respondent, on the other hand, submits that petitioners were hired only as "special
workers and should not in any way be considered as part of the regular complement of the
Bank." Rather, they were "special" workers under Article 80 of the Labor Code. Private
respondent contends that it never solicited the services of petitioners, whose employment was
merely an "accommodation" in response to the requests of government officials and civic-
minded citizens. They were told from the start, "with the assistance of government
representatives," that they could not become regular employees because there were no plantilla
positions for "money sorters," whose task used to be performed by tellers. Their contracts were
renewed several times, not because of need "but merely for humanitarian reasons." Respondent
submits that "as of the present, the 'special position' that was created for the petitioners no longer
exists in private respondent bank, after the latter had decided not to renew anymore their special
employment contracts."
ISSUE: Whether or not the provisions of the Magna Carta for the Disabled (Republic Act No.
7277), on proscription against discrimination against disabled persons is applicable in this case.
HELD:
The petition is meritorious. However, only the employees, who worked for more than six
months and whose contracts were renewed are deemed regular. Hence, their dismissal from
employment was illegal.
The facts, viewed in light of the Labor Code and the Magna Carta for Disabled Persons,
indubitably show that the petitioners, except sixteen of them, should be deemed regular
employees. As such, they have acquired legal rights that this Court is duty-bound to protect and
uphold, not as a matter of compassion but as a consequence of law and justice. The uniform
employment contracts of the petitioners stipulated that they shall be trained for a period of one
month, after which the employer shall determine whether or not they should be allowed to finish
the 6-month term of the contract. Furthermore, the employer may terminate the contract at any
time for a just and reasonable cause. Unless renewed in writing by the employer, the contract
shall automatically expire at the end of the term.
The Magna Carta for Disabled Persons mandates that a qualified disabled employee
should be given the same terms and conditions of employment as a qualified able-bodied person.
The fact that the employees were qualified disabled persons necessarily removes the employment
contracts from the ambit of Article 80. Since the Magna Carta accords them the rights of
qualified able-bodied persons, they are thus covered by Article 280 of the Labor Code.
In rendering this Decision, the Court emphasized not only the constitutional bias in favor
of the working class, but also the concern of the State for the plight of the disabled. The noble
objectives of Magna Carta for Disabled Persons are not based merely on charity or
accommodation, but on justice and the equal treatment of qualified persons, disabled or not. In
the present case, the handicap of petitioners (deaf-mutes) is not a hindrance to their work. The
eloquent proof of this statement is the repeated renewal of their employment contracts. The
Court believes, that, after showing their fitness for the work assigned to them, they should be
treated and granted the same rights like any other regular employees.