persons with disabilities research paper

Introduction ―Non-disabled persons do not understand disabled ones.‖ This famous line is only one of the walls separating the persons with disabilities from the largesse of the community. More often than not, the former is deprived of the chance to live normally without risk that he be separated from the mainstream of society. Contemporary issues concerning disability have continued plaguing the public. This discordance, amidst new civil rights protection and various local and international laws and policies promoting the respect for PWDs, never diminish up to this time. It brought unending quest to ensure an equal footing among the physically or mentally impaired persons and those who are not. History speaks of how the marginalized sectors of persons with disabilities were ostracized, rejected, discriminated and became subjects of ridicule. They have always been labelled as an inferior class and their aspirations and self-perceptions have remained unnoticed and misunderstood. Prejudicial views on their condition remain at par with their impairments. The notion about their being childlike, dependent and in need of charity and pity is still believed by many. In the Philippines, of the 92.1 million household population in the country, 1,443 persons or 1.57 percent had disability. The recorded figure of persons with disability (PWD) in the 2000 CPH was 935,551 persons, which was 1.23 percent of the household population. This shows that sixteen (16) out of a thousand Filipinos most likely experienced the abovementioned biased treatments due to their disability. Technically, though small in number, this sector needs an immediate attention and should not be disregarded. Many studies had been conducted to expose how discrimination paved the way for PWDs to deviate themselves with the society, laws and policies protecting them have continued to develop but it’s ironic that still, many PWDs are trapped within the portals of mockery and inequity. Indeed, RA 7277, as amended, is the governing law in the country safeguarding and upholding the rights of PWDs. The amended law not only stated the rights and privileges of PWDs; it also set forth the introduction of discounts for specific products and services that they need; the prohibition against discrimination, mocking and vilification of PWDs and the corresponding obligation of each beneficiary before he can enjoy the grants. However, no matter 1

stiff the law is, the dilemma always boils down to its implementation. Efforts had been exhausted in order to uphold the universal equality of rights envisioned by the United Nations Human Rights Conventions and enshrined in the 1987 Philippine Constitution. But still, many of the Persons with Disabilities are either unaware of the existing rules or hesitant to freely enjoy the privileges given to them. Various constraints like (1) those relating to the built and natural environment; (2) economic issues; (3)emotional and psychological barriers; (4) equipment barriers; (5) barriers related to the use and interpretation of guidelines, codes, regulations, and laws; (6) informationrelated barriers; (7) professional knowledge, education, and training issues; (8) perceptions and attitudes of non-PWD, including professionals; (9) policies and procedures both at the facility and community level; and (10) availability of resources were found to be the barriers for them to take pleasure in the benefits provided for them. 1 The study shows that social participation among PWDs is not only hindered by health problems but also the accessibility problems. It was proven that their lives are more concentrated at home rather than outside. Evidently, what is needed today is the recognition and eventually valuing of the many positive qualities and potentials of people with disabilities. Devaluation and dehumanization of people with disabilities that had held sway for so long a period must now be realized and left. Given that the problem it had sought to address had its roots in the embrace by the dominant culture of principally negative stereotypes of people with disabilities with the resultant assigning to them of devalued social roles based on these prejudicial perceptions, what PWDs need is proper upbringing for them to realize their worth. They must be helped to perceive the strengths and gifts they have, their abilities and lifetime potentials.

These can be possible through

education. The latter is the most probable way towards change. By giving emphasis on education, there might be a fuller appreciation of the dignity and humanity of people with disabilities in all aspects of community life. Were it not for such advocacy, our dehumanizing

1

Rimmer, Riley, Wang, Rauworth, and Jurkowski. 2004. National Survey by Ireland’s National Disability Authority.

2

perceptions of people with disabilities would never have been challenged, nor would we have learned the importance of respect as foundational in the lives of people with disabilities.

Persons With Disabilities: Definition and Classification There are hundreds of different disabilities. Some are co-genital; most come later in life. Some are progressive, like muscular dystrophy, cystic fibrosis, and some forms of vision and hearing loss. Others, like seizure conditions, are episodic and progressive. Some conditions are static , like the loss of a limb. Still, others like cancer and occasionally paralysis, can even go away. Some disabilities are ―hidden,‖ like epilepsy or diabetes. Disability law also applies to people with perceived disabilities like obesity or stuttering, which are not disabling but create prejudice and discrimination. Each disability comes in differing degrees of severity. Different laws gave different meanings of Persons with Disabilities. Prior to RA 9442, physically or mentally impaired persons were called Disabled Persons. Batas Pambansa 344 defined Disabled Persons as ―those suffering from restriction or lack of ability to perform an activity in the manner or within the range considered normal for a human being as a result of a mental, physical, or sensory impairment.‖ Economic Independence of Disabled Persons Act, on the other hand, defined Disabled Persons as ―persons who cannot perform work in the usual and customary way due to loss of limbs or any part of the body by injury or absence thereof by birth.‖ In 1990, disability was categorized by the NSO to the following:

Table 1

1 2 3

Blindness Deafness Muteness

6

Mental illness

7

Mental retardation

8

Orthopedic handicap 3

4

9

Deafness-Muteness

5

Multiple disabilities

10

Speech impairment

Others

In 1995 however, the NSO adopted a more precise and self-explanatory grouping on disabilities: Table 2

1

Total blindness

10

Loss of one or both legs/feet

2

Partial blindness

11

Paralysis of one or both arms

3

Low vision

12

Paralysis of one or both legs

4

Total deafness

13

Paralysis of one arm and one leg

5

Partial deafness

14

Paralysis of all four (4) limbs

6

Poor hearing ability

15

Mental retardation

7

Muteness

16

Mental illness

8

Speech impairment

17

Others

9

Loss

of

one

or

both

arms/hands

Disabled Persons Enabled The language used to refer to persons with disabilities has played a significant role in the persistence of negative stereotypes. It brings a deep and persistent negative stereotypes and prejudices against them. The United Nations, on its effort to promote universal equality of rights

4

had aspired to enable the disabled.2 This international perspective is highly recognized in the country. In fact, when Republic Act 9442 amended RA 7277, the title of Republic Act No. 7277 is hereby amended to read as the ―Magna Carta for Persons with Disability‖, and all references on the said law to ―Disabled persons‖ shall likewise be amended to read as ―persons with disability‖. 3Significantly, the amended law regarded PWD as a person first, before his disability. The primary rationale of this change is no longer to focus on disability as a sickness or impairment but on images and languages to shape notions of ability. This means persons with disabilities are no longer considered to be recipients of charity or objects of others' decisions but holders of rights. Disability resides on the society and not in the persons—it is a ―pathology of society‖, that is, as the result of the failure of societies to be inclusive and to accommodate individual differences. 4Societies need change, not the individual. The most important thing is to recognize differently-abled people as people, with the same rights and dignity as to others. That just like all people, they are very different, including being different in how they are with disability issues.5

The Rights of The Persons With Disabilities The finest development of being a human is full human development as in the words of the greatly admired Atty. Jose W. Diokno, ― Full human development … is the optimal development of all that is human in all humans, the bringing to full flower of the native genius of

2

promoted during the International Year of Disabled Persons in 1981 and embodied in the World Programme of Action concerning Disabled Persons adopted in 1982 and further developed during the United Nations Decade of Disabled Persons (1983-1992) and led the adoption of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in 1994. 3 4

RA 9442(Magna Carta for Person With Disability), Section 4. Office of the High Commissioners for Human Rights, United Nations. (2010). Monitoring the Convention on the Rights of Persons

with Disabilities: Guidance for Human Rights Monitors. 5

http://www.uiaccess.com/accessucd/interact.html. (April 8,2013)

5

each and of all.‖ This development can only be achieved when there is respect for, and observance of, human rights and fundamental freedoms for all without distinction. 6 Persons with disabilities are faced with grim realities of injustice and inequality. Governments, organizations, advocacies, and initiatives from the different parts of the world strongly felt the need for the integration of disability into the issue of human rights and development. 7 It is selfevident that disability is a human rights issue and it is the recognition of that intrinsic humanity that full implementation and protection of the rights of the PWDs can be achieved. PWDs are entitled to exercise their civil, political, social, economic and cultural rights on an equal basis with others under all the international treaties. 8Civil or political rights are rights that serve as protection of the individuals with disabilities from the arbitrary exercise of State power such as the right to life, liberty and security of persons; right against torture; arrest and detention; right to a fair and public hearing by an independent and impartial tribunal; right to be presumed innocent, right to privacy; right to freedom of thought, conscience and religion; right to freedom of opinion and expression; and right to freedom of peaceful assembly and association. Economic, social and cultural rights are those rights that are concerned with the material, social and cultural welfare of persons with disabilities such as the right to work, right to social security, right to form and join trade unions, right to rest and leisure, right to a standard of living, right to education, and right to culture. Human rights are universal, indivisible and interdependent. These rights belong to, and are to be enjoyed by all human beings without distinction of any kind. 9 The rights of individuals with disabilities are grounded on a human rights framework based on the United Nations Charter, Universal Declaration of Human Rights, International

6

United Nations Charter – http://www.un.org/esa/socdev/enable/rights/humanrights.htm. (April 9,2013).

Cueto, Quintin B. III – Commissioner In-Charge for Government Linkages. Rights of Persons with Disabilities in Accessing the Justice System. (PDF). 8 Human Rights of the Persons with Disabilities, An Overview of the Issue of the Human Rights of Persons with Disabilities at the 7

International Level - http://www.un.org/esa/socdev/enable/rights/humanrights.htm. (April 9,2013). 9

Sarmiento, Rene. Grow in Grace, Govern in Wisdom.

6

Covenants on Human Rights, related Human Rights Instruments, and International Human Rights Laws.10

Laws governing the rights of PWDs The acknowledgement of the rights of the vulnerable and disadvantaged sectors like the PWDs must be afforded and protected by different laws in order change the way society operates and to dismantle the barriers that prevent persons with disabilities from participating fully in society. As there can be no right without a corresponding law to which it is sourced from and to back it up. The laws governing the rights of PWDs oversee and make sure that such rights are being secured and properly implemented. The United Nations estimates that there are more than 500 million persons with disabilities in the world today. Every year this number increases due to factors such as war and destruction, unhealthy living conditions, and the absence of knowledge about disabilities, their causes, prevention and treatment.

11

They also made mention that majority of the PWDs live in

less developed countries where people lack access to essential services such as health care, education, and vocational rehabilitation. They linked disability with poverty. The risk of impairment is greater for a family that lives in poverty. A family who has a disabled family member constitutes a higher demand on the family's resources. Contemporary international laws have increasingly recognized the need for all states to incorporate human rights standards for PWDs into their national legislation although the necessity and the means chosen to promote full realization of the rights of PWDs may differ among countries. There is no country which is exempted from the need for the improved policies

10

Ibid Human Rights of the Persons with Disabilities, An Overview of the Issue of the Human Rights of Persons with Disabilities at the International Level - http://www.un.org/esa/socdev/enable/rights/humanrights.htm. (April 8,2013) 11

7

and laws for individuals with disabilities.

12

The rights of PWDs are now being recognized

internationally and locally.

International Laws The development of the International Human Rights Law addressed more generally the rights of individuals with disabilities. The principle of the right to equality set out by the international human rights instruments is the foundation of such rights. 13 International Human Rights Law determines that every person, including the PWDs, has the right of equality before the law, the right to non-discrimination, the right to equal opportunity, the right to an independent living, the right to full integration, and the right to security.

14

Every society must employ its resources in such a way that every individual,

including PWDs, has an equal opportunity to participate in the community. The full participation of PWDs benefits the society as their individual contributions.15 International Legal Instruments protect the rights of PWDs focusing on safeguarding the PWDs from discrimination and creating equal opportunities for them to participate in the society. Among these are the United Nations, the African Union (formerly Organization of African Unity, OAU), the Council of Europe, the European Union, and the Organization of American States.16

12 13

Disability and Persons with Disabilities - http://www.hrea.org/index.php?doc_id=416. (April 8,2013). Human Rights of the Persons with Disabilities, Fundamental Human Rights of the Persons with Disabilities -

http://www.un.org/esa/socdev/enable/rights/humanrights.htm. (April 8, 2013). (pdf). 14

Human Rights of the Persons with Disabilities, An Overview of the Issue of the Human Rights of Persons with Disabilities at the International Level - http://www.un.org/esa/socdev/enable/rights/humanrights.htm. (April 8, 2013). (pdf). 15 Disability and Persons with Disabilities, Rights at Stake - http://www.hrea.org/index.php?doc_id=416. (April 8, 2013). 16

Human Rights of the Persons with Disabilities, Fundamental Human Rights of the Persons with Disabilities

http://www.un.org/esa/socdev/enable/rights/humanrights.htm

8

-

These laws bear essentiality for the recognition under the Constitution of the generally accepted principles of international laws. The latter had served as one of the models in terms of legislation. Recent developments had been guidelines in order for the passage of a better decree. It is noteworthy to enumerate the existing international laws which set the rights of PWDs a. Universal Declaration of Human Rights (1948) The Universal Declaration of Human Rights (UDHR) adopted by the General Assembly of the United Nations in 1948 formulated and provides human rights standards that are accepted by all member states. Article XXV, Sec. 1 of the UDHR mentions the socio-economic rights of PWDs such as the right to an adequate standard of living including food, clothing, housing, medical care and social services, and the right to security in the event of unemployment, sickness, disability, widowhood, and old age. Article VII guarantees equality before the law and equal protection by the law for all people, including against discrimination.17 International Covenant on Civil and Political Rights (1966) This is an international treaty that lists several rights that are relevant to disability. Article XXVI states that all people, which clearly include the PWDs, are equal before the law and have the right to the equal protection of law.18 International Covenant on Economic, Social and Cultural Rights (1966) The Covenant does not explicitly refer to disability. However, disability can be included under the "other status" clause in Article II, Sec. 2, which calls for the non-discrimination of persons on any grounds such as race, color, and "other status".19

17

Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion -

http://www.hrea.org/index.php?doc_id=416 18

Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations,

Universal Declaration of Human Rights - http://www.hrea.org/index.php?doc_id=416 19

Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, United Nations, International Covenant on Civil and Political Rights (1966) - http://www.hrea.org/index.php?doc_id=416

9

This General Comment by the Committee on Economic, Social and Cultural Rights was issued to more fully elaborate the strategies for the implementation of the rights set forth in the International Covenant on Economic, Social, and Cultural Rights. This General Comment formulates the obligations of the states to eliminate discrimination of PWDs in the areas of equal rights for men and women specifically mentioned in its Article III, Articles VI to VIII on work, Article IX on social security, Article X on the protection of the family, Article XI on the adequate standard of living, Article XII on the right to physical health, Articles XIII and XIV on the right to education, and the right to take part in cultural life and enjoy the benefits of scientific progress in Article XV.20 Declaration on the Rights of Mentally Retarded Persons (1971) This is proclaimed by the United Nations General Assembly stating that, "The mentally retarded person has, to the maximum degree of feasibility, the same rights as that of other human beings."21 Declaration on the Rights of Disabled Persons (1975) This Declaration adopted by the United Nations General Assembly is the first international document that tried to define the term "disability." The Declaration includes a number of social and economic rights as well as civil and political rights.22 Declaration on the Rights of Deaf-Blind Persons (1979) Article I of the Declaration states that "…every deaf-blind person is entitled to enjoy the universal rights that are guaranteed to all people by the Universal Declaration of Human

20


International Covenant on Economic, Social and Cultural Rights (1966) - http://www.hrea.org/index.php?doc_id=416 21

Disability and Persons with Disabilities, International and Regional Instruments for Protection and

Promotion, United Nations, General Comment 5 (1994) -http://www.hrea.org/index.php?doc_id=416 22


Declaration on the Rights of Mentally Retarded Persons (1971) - http://www.hrea.org/index.php?doc_id=416

10

Rights and the rights provided for all disabled persons by the Declaration of the Rights of Disabled Persons." 23 Convention on the Elimination of Discrimination Against Women (CEDAW) (1979) This Convention does not include any specific article on disability rights but aims to protect the rights of all women, whether disabled or not. Disabled women face double discrimination based on their gender and secondly, based on their disability. It recommends that governments should provide information on disabled women in their period reports and on special measures that the governments have taken to ensure that women with disabilities have equal access to education and employment, health services and social security, and to ensure that they can participate in all areas of social and cultural life.24 Convention (No. 159) concerning Vocational Rehabilitation and Employment (Disabled Persons) (1983) This Treaty of the International Labour Organization (ILO), a United Nations specialized agency, obligates to formulate, implement and periodically review a national policy on vocational rehabilitation and employment of disabled persons mentioned in Article II. This Treaty also emphasizes the principle of equal opportunity in its Article IV; "positive measures aimed at effective equality of opportunity and treatment between disabled workers and other workers shall not be regarded as discriminating against other workers.‖25 Convention on the Rights of the Child (1989)

23


Declaration on the Rights of Disabled Persons (1975) - http://www.hrea.org/index.php?doc_id=416 24


Declaration on the Rights of Deaf-Blind Persons (1979) - http://www.hrea.org/index.php?doc_id=416 25


Convention on the Elimination of Discrimination Against Women (CEDAW) (1979) - http://www.hrea.org/index.php?doc_id=416

11

This Treaty lists disability as one of the grounds of discrimination and the latter being prohibited in Article II. In addition, Article XXIII directly addresses the rights of children with disabilities stating that disabled children are entitled to a "full and decent life" of dignity and participation in the community.26 This Treaty will be discussed further in this paper. Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care (1991) This Document sets detailed standards for the protection of persons with mental disabilities. It emphasizes that all persons have the right to the best available mental health care, shall be treated with humanity and respect for the inherent dignity of the human person, have the right to protection from economic, sexual and other forms of exploitation, physical or other abuse and degrading treatment. The Principles stipulate that there shall be no discrimination on the grounds of mental illness and that persons with a mental illness shall have the right to exercise all civil and political rights. In case a person lacks legal capacity due to his or her mental illness any decisions related to the well-being of this person shall be made only after a fair hearing by an independent and impartial tribunal established by domestic law.27

Standard Rules on the Equalization of Opportunities for Persons with Disabilities(1993) These Standard Rules do not constitute a legally binding document for member states. However, the latter are the most comprehensive set of human rights standards regarding disability and for law enforcers to date and to represent "a strong moral and political commitment of Governments to take action to attain equalization of opportunities for persons

26


Convention

(No.

159)

concerning

Vocational

Rehabilitation

and

Employment

(Disabled

Persons)

(1983)

-



Convention on the Rights of the Child (1989) - http://www.hrea.org/index.php?doc_id=416

12

with disabilities." The document addresses preconditions for equal participation, target areas of equal participation, implementation measures and monitoring mechanisms.28 b. Beijing Declaration on the Rights of People with Disabilities (2000) This declaration was adopted at the World NGO Summit on Disability and calls for a higher standard of living, equal participation and the elimination of discriminatory attitudes and practices.29 c. Convention on the Rights of Persons with Disabilities (2007) The Convention on the Rights of Persons with Disabilities refers to a document focusing on international human rights of people with disabilities. It was created by the United Nations and is being monitored by the Committee on the Rights of Persons with Disabilities. This Convention intends to ensure equal rights to people with disabilities. This is done by elaborating in detail the rights of persons with disabilities and setting out a code of implementation. The Guiding Principles of the Convention are the Respect for inherent dignity, individual autonomy including the Freedom to make one's own choices, and Independence of persons, Non-discrimination, Full and effective participation and inclusion in society, Respect for the difference and acceptance of persons with disabilities as part of human diversity and humanity, Equality of opportunity, Accessibility, the Equality between men and women and

28


Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care (1991) http://www.hrea.org/index.php?doc_id=416 29


Standard

Rules

on

the

Equalization

of

Opportunities

http://www.hrea.org/index.php?doc_id=416

13

for

Persons

with

Disabilities(1993)

-

Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. 30 d. African Charter on Human and Peoples' Rights (1981) The Charter contains in Article XVIII, Sec. 4 that disabled persons have the right to special measures of protection and Article XVI, Sec. 1 provides that every individual shall have the right to enjoy the best attainable state of physical and mental health.31 The Council of Europe is a regional intergovernmental organization consisting of 45 countries. It aims to defend human rights, parliamentary democracy and the rule of law. This Council has not adopted any specific human rights treaty on persons with disabilities but created two important treaties that include the protection of the rights on disabilities. e. European Convention on the Protection of Human Rights and Fundamental Freedoms (1950) Article V of the Convention states that the right to liberty and security can be infringed upon on the grounds of mental disability, "No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: [...] the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics, drug addicts, and vagrants."32 European Social Charter (1961)

30


Convention on the Rights of Persons with Disabilities (2007) - http://www.hrea.org/index.php?doc_id=416 31

Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, African Union

(formerly

Organization

of

African

Unity,

OAU),

African

Charter

on

Human

and

Peoples'

Rights

(1981)


Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, Council of Europe,

European Convention on the Protection of Human Rights and Fundamental Freedoms (1950) http://www.hrea.org/index.php?doc_id=416

14

-

The Charter works as the counterpart of the Convention addressing social and economic rights such as the right to work, and the right to social security. The Charter was the first human rights treaty to explicitly mention disability.33 Recommendation (818) on the Situation of the Mentally Ill (1977) This document outlines recommendations regarding the protection of mentally ill persons in court, and the legislation rules on the confinement of mentally ill persons.34 Recommendation (1185) on Rehabilitation Policies for the Disabled (1992) This recommendation urges member states to ensure active participation in the society and equal opportunities for disabled persons.35 Recommendation No. R(92)6 on a Coherent Policy for the Rehabilitation of People with Disabilities (1992) This instrument recognizes the rights of disabled persons to be different and focuses on the right to independent living and full integration into the society.36 The European Parliament has adopted the following resolutions referring specifically to the protection of disability rights: The Resolution on the human rights of disabled people (1995) which urges the European Commission, the executive branch of the European Union, to take steps to ensure equal opportunities for disabled persons; The Resolution on threats to the right to life of disabled persons (1996) which seeks to protect the right to life and opposes to the practice of the active killing by doctors of patients in a persistent vegetative state and disabled new-born children; and the Resolution on the Commission's communication on equality of opportunity for

33


European Social Charter (1961) - http://www.hrea.org/index.php?doc_id=416 34

Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, Council of Europe, Recommendation (818) on the Situation of the Mentally Ill (1977) 35 http://www.hrea.org/index.php?doc_id=416 36

Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, Council of Europe, Recommendation (1185) on Rehabilitation Policies for the Disabled (1992) - http://www.hrea.org/index.php?doc_id=416

15

people with disabilities (1997) that reminds member states of their responsibility to implement disability protection laws on the national level.37 f. Organization of American States, American Convention on Human Rights (1969) The Convention does not explicitly address the subject of disability but contains the classical human rights guarantees. For example, Article XXIV states the right to equal protection.38 Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights (Protocol of San Salvador) (1988) This treaty specifically states that persons with disabilities are entitled to receive special attention in order to achieve the greatest possible development of his or her personality. It also obliges governments to implement special measures to facilitate the full integration of PWDs.39 Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons With Disabilities (1999) This Convention aims to prevent and eliminate all forms of discrimination against disabled persons and to promote their full integration into society.40

The Philippines had been known to house different people from different parts of the world. Filipinos are known to be hospitable. With this type of culture, one must not be surprised

37


Recommendation No. R(92)6 on a Coherent Policy for the Rehabilitation of People with Disabilities (1992) 38


39

Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, European Union -


Disability and Persons with Disabilities, International and Regional Instruments for Protection and Promotion, Organization of

American States, American Convention on Human Rights (1969) - http://www.hrea.org/index.php?doc_id=416

16

to find a the abovementioned international laws had been significant parts of the legal framework and principles of the nation. Most of which had formed part of the local laws governing the rights of diffently-abled persons. Truly, both international and local laws have one common objective: to protect the rights of PWDs. Local Laws The Philippines, as a Member State of the United Nations and the World Health Organization (WHO), supports the global efforts to uphold and promote the rights of PWDs. The Philippine Constitution recognizes this and national policies have been manifested specifically the Batas Pambansa Bilang 844 or ―The Accessibility Law‖ and Republic Act No. 7277 or otherwise known as, "The Magna Carta for Disabled Persons" or "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."41 Table 3

LAW Republic Act 9442

Executive Order 4

Executive Order

Executive Order Republic Act 7277

Republic Act 6759

41

TITLE An Act Amending Republic Act No. 7277, otherwise known as the "Magna Carta for Disabled Persons, and For Other Purposes‖ Encouraging the Implementation of CommunityBased Rehabilitation (CBR) for Persons With Disabilities in the Philippines Directing the Implementation of the Economic Independence Program for Persons with Disabilities(PWDs) Creating a Task Force to Address the Concerns of Persons with Disabilities An Act Providing for the Rehabilitation, SelfDevelopment and Self-Reliance of Disabled Persons and their Integration into the Mainstream of Society and for other purposes An Act Declaring August 1 of each year as White

DATE APPROVED April 30, 2007

June 21, 2005

March 22, 2005

December 9, 1996 March 24, 1992

September 18, 1989


American States, Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights (Protocol of San Salvador) (1988)

17

Batas Pambansa

Republic Act 5250

Republic Act 4564

Republic Act 3562 Republic Act 1373

Republic Act 1179

Cane Safety Day in the Philippines and for other purposes An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings, Institutions, Establishments and Public Utilities to Install Facilities and Other Devices An Act Establishing a Ten-Year Training Program for Teachers of Special and Exceptional Children in the Philippines and Authorizing the Appropriation of Funds Thereof An Act Authorizing the Philippine Charity Sweepstakes Office to Hold Annually Special Sweepstakes Race for the Exclusive Use of the Office of Vocational Rehabilitation, Social Welfare Administration, in its Development and Expansion Program for the Physically Disabled Throughout the Philippines An Act to Promote the Education of the Blind in the Philippines An Act Authorizing the Philippine Sportswriters Association to hold One Benefit Boxing Show Every Year, The Net Proceeds of which Shall Constitute a Trust Fund For The Benefit of Disabled FilipinoBoxers An Act to Provide for the Promotion of Vocational Rehabilitation of the Blind And Other Handicapped Persons and Their Return to Civil Employment

February 25, 1983

June 15, 1968

June 19, 1965

June 21, 1963 June 18, 1955

June 19, 1954

The Constitution of the Philippines (1987)42 The Philippine Constitution in the Declaration of Principles and State Policies mandates that the State shall promote social justice in all phases of national development. Art. XIII, Sec. 2 of the Constitution includes disabled persons as one of the priority sectors to be given access to essential goods and services at affordable cost.

42


18

Art. XIII, Sec. 13 of the Constitution further provides that the State shall establish ―a special agency for disabled persons for their rehabilitation, self-development and self-reliance and their integration into the mainstream of society." Republic Act No. 7277 or the “Magna Carta for Disabled Persons” (1992)43 In fact, there are a lot of laws in the Philippines protecting and respecting the rights of the Persons with Disability but the prevailing law is RA 7277, as amended. The Act provides for the rehabilitation, self-development, and self-reliance of PWDs and promoting their integration into the mainstream of society. The Congress of the Philippines enacted this law for PWDs to direct the National and Local government agencies to implement programs and services to ensure the full participation of PWDs in all aspects of community life. Areas like education, rehabilitation, health, employment, civil and political rights , reasonable accommodation, anti-discrimination, anti-poverty, accessibility, transportation, telecommunications and information communication technology, social security, economic independence and even international cooperation are well addressed in various legal documents and policy statements. It is also noteworthy that RA 9442 strictly prohibits and penalizes any act that has an effect to vilifying persons with disabilities. Although the law was formulated before the Convention on the Rights of Persons with Disability came into force, there are clear indications that the human rights sentiments have been the Magna Carta’s more salient character. 44 Emphasizing Chapter 8, Sec. 32, par. (h) of RA 9442: Right to Education of PWDs ―Educational assistance to persons with disability, for them to pursue primary, secondary, tertiary, post tertiary, as well as vocational or technical education, in both public and private schools, through the provision of scholarships, grants, financial aids, subsidies and other incentives to qualified persons with disability, including support for books, learning material,

43

monitoring the human rights of persons with disabilities: laws, policies and programs in the Philippines. 2009. Disability rights

promotion international. Lauro purcil 44

amendment to RA 7277 (Magna Carta for Disabled Persons) effected through RA 9442 (An Act Amending Republic Act No.

7277, otherwise known as the "Magna Carta for Disabled Persons, and For Other Purposes) under Chapter 8, Sec. 32 (par. H)

19

and uniform allowance to the extent feasible: Provided, That persons with disability shall meet minimum admission requirements.‖

45

This provision specifies the privilege given to the

marginalized sector not only on their basic needs but as well as on their education. Research shows that vast majority of individuals with physical impairments lack basic literacy; that individuals with intellectual and psychiatric disabilities are treated with often cruel neglect; and are seldom they enroll with in a school attended by normal students. Education teaches a man on how to live life and struggles for it. As the famous aphorism goes, "knowledge is power", education is necessary to gain knowledge. It is evident that there is a growing recognition on the vital importance of basic education for social progress. Education can give anyone enormous potentials and countless possibilities. As education is a basic necessity to a normal person so it is to PWDs. The 1987 Philippine Constitution guarantees in Article XIV, Sec. 1 that ―The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all.‖ The mandate significantly put high regard to education and emphasized the right of every person to quality education. The physical impairment of Persons With Disabilities should never be made a reason to undermine their capabilities and/or capacities to perform ―normally‖ and even, excellently in his/her own field.46 They must be given equal opportunities to grow and excel in their chosen field. As Former Justice Antonio Panganiban stated, ―Equality is rooted not merely on charity or accommodation, but on justice for all.‖ Consequently, it is but the government’s role to ensure that proper training be given to PWDs. Quality and accessible education should never be denied on them. Various educational rights are also set forth in the following international laws: a. The Convention on the Rights of the Child (1989)

45

CHRP WORKING PAPER Rights of Persons with Disabilities in Accessing the Justice System; September 2007Government

Linkages Office 46

http://www.yorku.ca/drpi/files/PhilippinesLawsRep.pdf

20

The Convention on the Rights of the Child (1989) is the first international treaty to state the full range of civil, political, economic, social, and cultural rights belonging to children. It is an advocate for the protection of children’s rights, to help meet their basic needs and to expand their opportunities to reach their full potential. A number of rights granted to children have been mentioned. They are founded on respect for the dignity and worth of each individual, regardless of race, colour, gender, language, religion, opinions, origins, wealth, birth status or ability to be applied to every human being everywhere. Among these are the rights of a child to have a name, to preserve his or her identity, to be cared for by parents, to take primary consideration on his or her best interests, to be protected against discrimination, to facilitate their active participation in the community, to be socially protected, to be entitled of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health, to a healthy environment, to be afforded equal opportunities for the cultural, artistic, recreational and leisure activity, that a mentally or physically disabled child should enjoy a full and decent life, promote self-reliance, and to recognize every child’s right to education. The Convention protects these rights by setting standards in health care; education; and legal, civil and social services. Article XXIII on disabled children the Convention states that, ―A disabled child has the right to special care, education and training to help him or her enjoys a full and decent life in dignity and achieves the greatest degree of self-reliance and social integration possible. The Convention made mention of the child’s right to education in Article XXVIII which establishes the right to education on the basis of equal opportunity. It binds States parties to make available and accessible to every child compulsory and free primary education and encourage different forms of secondary education to be accessible to every child, including vocational education, to make higher education available to all on the basis of capacity. School discipline shall be consistent with the child’s rights and dignity. The State shall engage in international co-operation to implement this right. Article XXIX of the Convention deals with the aims of education. Education shall also aim at developing the child’s personality, talents, mental and physical abilities to the fullest extent. Education shall prepare the child for an active adult life in a free society and foster respect for the child’s parents, his or her own cultural identity, language and values, and for the cultural background and values of others. 21

b. World Declaration for Education for All (1990) The Universal Declaration of Human Rights asserted that "everyone has a right to education" and this serves as a basic premise in recalling that education is a fundamental right for all people of all ages. Education can ensure a safer, healthier, more prosperous and environmentally sound world that contributes to the social, economic, and cultural progress, tolerance, and international cooperation. In addition to these views, education is also an indispensable key for personal and social improvement. Recognizing education to promote development and strengthen higher levels of education, and to address the scale and complexity of whatever challenge in the future. Every person - child, youth and adult - shall be able to benefit from educational opportunities designed to meet their basic learning needs. There is a need for an "expanded vision" that surpasses present resource levels, institutional structures, curricula, and conventional delivery systems while building on the best in current practices. The expanded vision encompasses universalizing access and promoting equity, focusing on learning, broadening the means and scope of basic education, enhancing the environment for learning, and strengthening partnerships. Basic education should be provided to all children, youth and adults. This Declaration states that learning begins at birth, that the main delivery system for the basic education of children outside the family is primary schooling, that the basic learning needs of youth and adults are diverse and should be met through a variety of delivery systems and that all available instruments and channels of information, communications, and social action could be used to help convey essential knowledge and inform and educate people on social issues. Learning does not take place in isolation. Societies must ensure that all learners receive the nutrition, health care, and general physical and emotional support they need in order to participate actively in and benefit from their education. National, regional, and local educational authorities have a unique obligation to provide basic education for all.

22

c. Standard Rules on the Equalization of Opportunities for Persons with Disability (1993)47 These Standard Rules represent a strong moral and political commitment of Governments to take action to attain equalization of opportunities for PWDs. The Standard Rules have enumerated target areas for equal participation such as Accessibility, Education, Employment, Income Maintenance and Social Security, Family Life and Personal Integrity, Culture, Recreation and Sports, and Religion. PWDs should enjoy equal participation in those areas. These Rules also emphasized that PWDs should be educated in the general educational system, and have access to meaningful and gainful work, and those with particular needs should have social security and income maintenance. d. UNESCO Salamanca Statement and Framework for Action (1994) The delegates of the World Conference on Special Needs Education believed and proclaimed that every child has a fundamental right to education, and must be given the opportunity to achieve and maintain an acceptable level of learning. The Statement also recognize that every child has unique learning needs, that education systems should be designed and educational programmes implemented, and call upon the Governments to give highest policy and budgetary priority to improve their education systems. The Government must also adopt as a matter of law or policy the principle of inclusive education, must enrol all children in regular schools, must encourage and facilitate the participation of parents, communities and organization of PWDs in the planning and decisionmaking process concerning provision for special educational needs, and must ensure that special needs education forms part of every discussion dealing with education for all in various forums. e. Dakar Framework for Action (2000)48

47

Monitoring the Convention on the Rights of Persons with Disabilities Guidance for human Rights Monitors, office of the high

commissioner for human rights. 2010

23

This Framework is committed to attain education for all, for every citizen and for every society. This framework re-affirm the vision of the World Declaration on Education for All, supported by the Universal Declaration on Human Rights and the Convention on the Rights of a Child, that all children, have the human right to benefit from an education that will meet the basic learning needs at its best so that they can improve their lives and transform their societies. This framework view that education is a fundamental right and it is the key to sustainable development, peace, and stability within and among countries to be at par with globalization. The participants commit themselves to expanding and improving comprehensive early childhood care and education, especially for the most vulnerable and disadvantaged children. They also ensure that by 2015, all children, particularly girls, children in difficult circumstances and those belonging to ethnic minorities; have access to and complete, free and compulsory primary education of good quality, ensuring that the learning needs of all young people and adults are met through equitable access to appropriate learning and life-skills programmes. And finally, this framework is aimed at improving all aspects of the quality of education and ensuring excellence of all so that recognized and measurable learning outcomes are achieved by all, especially in literacy, numeracy and essential life skills. Looking back to history, the Philippine government services to PWDs’ education had been rampant as early as the American occupation (1898-1946).In 1907, the Insular School for the Deaf and Blind, a residential learning center was established in Manila and from then, educational services gradually spread to other disability groups: those with orthopedic disabilities, those with mental and neurological conditions and those with learning disabilities. 50 Giving proper education to persons with disabilities through institutionalization of partnerships between the government and private individuals and organizations had been the focal consideration of the Commonwealth era and from the late 1950s to early 1960s emerged the teaching of vocational services to them. As years passed, the educational programs for PWDs

48


American States, Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons With Disabilities (1999) - http://www.hrea.org/index.php?doc_id=416

24

had continued to evolved and developed. From the small learning centers come the leading higher educational institutions Philippine Normal College (now a university) and the University of the Philippines, offered Special Education (S.P.E.D.) courses for aspiring teachers for persons with disabilities. True enough, special educational institutions are already available for the PWDs from primary to secondary. Vocational and technical trainings also exist. But, RA 9442 brings more specific privileges for schooling PWDs. It had considered a PWD enrolling in a regular school. School discounts, whether in public or private institution, and other discount privileges on educational expenses make schooling considerable to a PWD and his parent/guardian. Nonetheless, no matter how persuading the language of the law is, the issue is on its implementation. Records from the National Statistics Office show that three years after the effectivity of RA 9442, there has been no considerable increase in the literacy of the differentlyabled persons. Despite the efforts of the government to make education accessible to them, most of them had stayed home though the type of disability they possess may allow them to go to school. The primary reason is still the individual deficit. This is for viewing disability to only one of two paths: individuals can be ―fixed‖ through medicine or rehabilitation (medical approach); or they can be cared for, through charity or welfare programmes (charity approach).49

49

Evaluation of Philippine Registry for Persons with Disabilities, The National Center for Disease Prevention and Control and The

National Epidemiology Center, Julia Racquel Rimando-Magalong, MD, DPSP, Fellow, Batch 17, Field Epidemiology Training Program, 08 June 2006 – pdf

25

FINDINGS FROM RECORDS

The researchers used the data provided by the National Statistics Office in finding the total number of Persons with Disability in the Philippines and in assessing how many of them had formal schooling in order to determine the effectiveness of Chapter 8, Sec. 32 par. h of RA 9442. The national figures were used in order to expose how many of the country’s population had disability and how small/big is the percentage of PWDs who’re given the educational assistance under RA 9442. Moreover, records from the Social Welfare Administration for PWDs in the Municipality of Padre Garcia, Province of Batangas were also gathered, recorded and analyzed to see how the PWDs in the rural area, particularly in the town, had benefited in the educational assistance provided by the government. Interview with the PWD Focal person was also conducted to further know the conditions of the differently-able persons in the town. The interviewee mentioned that the town is blessed for having only a small number of PWDs. Because of this, the local government is able to monitor their conditions. Quarterly meetings are also held in connection with the monitoring and rehabilitation of the sector. She also made mention of the support of the provincial government in the implementation of the projects for PWDs. However, according to her, some of the town’s physically challenged individuals does not have the PWD ID and thus, has not enjoyed the discount privileges and other benefits given by the government. The main constraint is their lack of awareness because the PWDs without the ID are the same PWDs who do not attend to the meetings and seminars conducted for them. The records are presented in tables and the copy of the original records gathered are attached in the Appendices section.

26

Records from the National Statistics Office Household Population and Persons with Disability by Region, Philippines, 2010 50 Region

Household

Household population

Proportion

of

Population (in

with Disability (in

Household

Population

1,000)

1,000)

(in percent)

Philippines

92, 098

1, 443

1.57

National Capital Region

11, 797

167

1.41

1, 612

26

1.63

4, 743

78

1.64

Cagayan

3, 226

56

1.72

Central

10, 118

139

1.38

–

12, 583

193

1.53

–

2, 732

50

1.85

5, 412

100

1.85

Western

7, 090

138

1.95

Central

6, 785

109

1.60

Region VIII – Eastern

4, 090

72

1.75

(NCR) Cordillera Administrative Region (CAR) Region I – Ilocos Region

II

–

Valley Region

–

III

Luzon Region

IV-A

CALABARZON Region

IV-B

MIMAROPA Region V – Bicol Region

VI-

Visayas Region

VII

–

Visayas

50

National Statistics Office, 2010 Census of Population and Housing

27

PWDs

Visayas Region IX – Zamboanga

3, 398

46

1.35

4, 285

67

1.56

4, ,453

71

1.60

–

4, 103

59

1.43

Autonomous Region in

3, 249

35

1.07

2, 425

38

1.58

Peninsula Region

X

–

Northern

Mindanao Region XI – Davao Region

XII

SOCCSKSARGEN

Muslim

Mindanao

(ARMM) Region XIII - CARAGA

The recorded figure of persons with disability (PWD) in the 2000 CPH was 935,551 persons, which is 1.23 percent of the household population.

Disability Statistics of the Philippines The National Statistics Office in formulating plans for rehabilitation, education and development of the ―physically challenged‖ individuals and in establishment of more government-subsidized institutions that would cater to the promotion of physical, emotional, and psycho-social well-being of disabled persons had conducted a survey from May 30 to June 19, 2010 to randomly selected respondents. There were 1,057 PWDs interviewed from 345 households. Data were collected through a personal interview of the respondents. NUMBER AND PERCENT OF INTERVIEWS BY AGE Age

Number of

Group

Respondents

18-21

143

13.53

22-25

111

10.50 28

Percent

26-29

122

11.54

30-33

86

8.14

34-37

97

9.18

38-41

97

9.18

42-45

105

9.93

46-49

70

6.62

50-53

61

5.77

54-57

45

4.26

58-61

22

2.08

62-65

19

1.80

66-69

13

1.23

70

66

6.24

1,057

100.00

and

above Total

From the sample households, all members aged 18 years old and over were taken as respondents for they were assumed to be capable of answering the questions maturely. The table above shows that around 35.57 percent of the respondents are less than 30 years old. Those 62 years old and above comprised for 9.27 percent. The median age is 36 years old.

NUMBER AND PERCENT OF INTERVIEWS BY SEX Sex

Name of Respondents

Percent

Fenale

615

58.18

Male

442

41.812

Total

1, 057

100.00

The table shows that there were more female respondents than males (58.18 %).

29

NUMBER AND PERCENT OF RESPONDENTS BY YEARS SPENT STUDYING IN SCHOOL Years Spent in School

Number of Respondents

Percent

0

3

0.28

1

3

0.28

2

13

1.23

3

19

1.80

4

26

2.46

5

29

2.74

6

154

14.57

7

41

3.88

8

62

5.87

9

55

5.20

10

302

28.57

11

59

5.58

12

105

9.93

13

28

2.65

14

70

6.62

15

30

2.84

16

16

1.51

17 and over

27

2.55

Can’t Remember

15

1.42

Total

1,057

100.00

The largest proportion of respondents (28.57 percent) had spent 10 years in school, which is equivalent to high school completion in the Philippines. Those who spent six years accounted for 14.57 percent. Respondents with more than 17 years spent in school made up of 2.55 percent. ―Cannot remember‖ reached 1.42 percent. These are the respondents who could not remember the number of years they spent in school, college or university. 30

Disability Statistics of Municipality of Padre Garcia, Province of Batangas

TOTAL NUMBER OF PERSONS WITH DISABILITY IN MUNICIPALITY OF PADRE GARCIA, PROVINCE OF BATANGAS BARANGAY

NO. OF PWDs

Banaba

9

Banay-Banay

10

Bawi

16

Bukal

8

Castillo

16

Cawongan

36

Manggas

9

Maugat East

7

Maugat West

23

Pansol

27

Payapa

26

Poblacion

42

Quilo-Quilo North

22

Quilo-quilo South

16

San Felipe

26

San Miguel

15

Tamak

9

Tangob

10 TOTAL

327

Records from the Social Welfare Administration for Persons With Disability under the Department of Social Welfare and Development show that there are three hundred twenty seven

31

differently-able persons in the locale. This is 1.58% of the total population (2,140,203) of the town. TOTAL NUMBER OF PERSON WITH DISABILITY BENEFICIARIES

BARANGAY

JANUARY-

APRIL-

JULY-

OCTOBER-

TOTAL

MARCH

JUNE

Banaba

3

0

0

0

3

Banay-Banay

1

2

0

1

4

Bawi

4

3

3

0

10

Bukal

0

1

0

1

2

Castillo

4

0

2

4

10

Cawongan

6

7

7

10

30

Manggas

0

1

0

2

3

Maugat East

0

1

0

0

1

Maugat West

6

2

4

5

17

Pansol

4

2

8

7

21

Payapa

0

9

3

8

20

Poblacion

5

13

6

12

36

Quilo-Quilo North

1

3

3

6

16

Quilo-quilo South

7

2

0

4

10

San Felipe

6

6

7

1

20

San Miguel

2

4

2

2

10

Tamak

2

1

1

0

4

Tangob

1

1

1

2

5

SEPTEMBER DECEMBER

222

67.88 percent of the persons with disability have secured a PWD-ID. Aside from enjoying the privileges provided by Republic Act 9442, it was also found from the interview 32

conducted to Mrs. Jocelyn Escamus, RSW PWD Focal Person, that these are the same persons who are active in attending the meeting conducted quarterly in the municipality.

TOTAL NUMBER OF PWDs WHO ARE CURRENTLY ENROLLED BARANGAY

TOTAL

Banaba

0

Banay-Banay

1

Bawi

1

Bukal

0

Castillo

1

Cawongan

4

Manggas

0

Maugat East

1

Maugat West

2

Pansol

4

Payapa

2

Poblacion

8

Quilo-Quilo North

8

Quilo-quilo South

1

San Felipe

4

San Miguel

4

Tamak

0

Tangob

0 TOTAL

41

33

The record shows that only forty-one (41) or 0.13% of the total number of persons with disabilities is in school. They are enrolled in the Special Education Program and no one of the PWDs in the locale is enrolled in a regular school.

DISABILITIES POSSSESSED BY THE SCHOOLING PWDs DISABILITY

TOTAL

Hearing Impairment

11

Autism

4

Mental Retardation

8

Down Syndrome

2

Cerebral Palsy

5

Global Development Delay

2

Learning Disability

3

Low Vision

4

Speech Defects

2

Chronic Disease

1

Motor Disability

1

The disability possessed includes hearing impairment, autism, mental retardation, down syndrome, cerebral palsy, global development delay, learning disability, low vision, speech defects, chronic disease, visual impairment and motor disability.

34

CONCLUSIONS From the data gathered, the following conclusions are derived. 1. 1.23 percent of the Philippine population has disability. The number is relatively small. 2. Among the 17 regions, Region IV-A had the highest number of PWD at 193 thousand. This was followed by the National Capital Region (NCR) with 167 thousand PWD. The Cordillera Administrative Region (CAR), on the other hand, had the lowest number of PWD at 26 thousand. 3. In the survey conducted by the National Statistics Office, 35.57 percent of the respondents are less than 30 years old but more than 18 years old. The respondents are of age to answer the interviews. There were more female respondents than males. 4. Only 2.55 percent of the respondents had stayed in school for 17 years. This shows that out of 1,057 respondents, only 27 had finished college. The largest proportion, 302 (28.57 percent) of the respondents had spent 10 years in school, which is equivalent to high school completion in the Philippines. The PWDs have a relatively low literacy rate. 5. 1.58 percent of the population of the municipality of Padre Garcia, Province of Batangas has disability. Monitoring them is easier because they are few. 6. 222 out of 327 (67.88 percent) of the persons with disability in Padre Garcia, Batangas have secured a PWD-ID. Their small number had made it easily for the municipal authorities to reach out to them. 7. Only forty-one (41) or 0.13% of the total number of persons with disabilities is in school. The educational assistance provisions under the Magna Carta for Persons with Disability is only enjoyed by a small percentage of PWD. 8. No one among the PWDs in Padre Garcia, Batangas is enrolled in a regular school.

35

9. The disability possessed includes hearing impairment, autism, mental retardation, down syndrome, cerebral palsy, global development delay, learning disability, low vision, speech defects, chronic disease, visual impairment and motor disability.

36

RECOMMENDATIONS The Philippines started consolidation of the legal system related persons with disability relatively as early as the 1900s. But sad to say, until today, some claimholders remain unfamiliar of the law. They continue to be reluctant in exercising their rights and enjoying the privileges provided for them. In view of the foregoing, the following recommendations are derived: First, full awareness of the law protecting PWDs should be ensured. The government must constantly hold the established programs to monitor the conditions of the PWDs. Aside from holding the annual National Disability Prevention and Rehabilitation Week (in July), Mental health Week, Autism Week, Deaf Awareness Week, Eyesight Conservation week, Mental Retardation Week, White Cane Safety Day, and International Day of Disabled Persons, a monthly meet-ups with them may be held for counselling, checking of their conditions and monitoring their activities. The closer the government is to the PWDs, the wider is the chance for the latter to feel their worth. Secondly, the government must maintain a close partnership with the non-government organizations other international agencies in providing services to cater for the needs PWDs. Common services that may be given by NGOs may include training and granting of assistive devices, e.g. wheelchairs, hearing aids, etc. Third, the local government units, particularly the barangays, as closest to the people must have a lenient record of the PWDs, their needs and the programs for them. Without a PWD ID, a person with disability cannot avail of the discount privileges promised by RA 9442. No matter how obvious their disability is, still, without the basic requirement, a PWD may not be given a discount on basic services. In this case, the ID requirement provision of the Magna Carta for Persons with Disability must be revisited. Education is the best tool in order to uplift the morale of a PWD and improve his way of life. However, a very small number of them had finished school/ is enrolled in school. Dropouts among PWD must be lessen and they must be encouraged to continue studying. The education 37

assistance enshrined in RA 9442 must be fully implemented. Parents of the PWDs should be assured that they will not bear additional burden in sending their child with disability to school because of the government assistance. Additional funding to improve school facilities and additional competent teachers for the SPED must be made. Lastly and most importantly, a person with disability must gain proper treatment from the society. They must be treated like anybody else and must not be deprived of their right to live normally because of their disability. A collective mindset among the Filipinos changing the way they see a PWD must be developed.

38

persons with disabilities research paper

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