MAKING ACCESSIBILITY A REALITY THROUGH
IMPLEMENTATION OF THE PERSONS WITH DISABILITIES
ACT, 2003
A Paper Presented at the National Conference on Accessibility
and Disability Rights (KICC, 25th -27th - June 2012)
by
Dr. James Nyikal, CBS
Permanent Secretary
Ministry of Gender, Children and Social Development
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•
Introduction
The Persons with Disabilities Act 2003 was assented to on 31
.
2003.
st
December,
The enactment of the law was a developmental milestone in the field of
disability
• The law has three objectives;
1. to provide for the rights and rehabilitation of persons with disabilities
2. to achieve equalization of opportunities for persons with disabilities
3. to establish the National Council for persons with disabilities
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Establishment of the National Council for
Persons with Disabilities
• The National Council for Persons with Disabilities was
established under section 3(1) as a corporate body under
the Ministry of Gender, Children and Social Development
• The functions of the National Council include;
• Issuance of adjustment orders
• Formulating and developing measures and policies to
ensure that persons with disabilities achieve equal
opportunities in all aspects of life
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Establishment of the National
Council for Persons with Disabilities
…cont’d
• Registration of Persons with Disabilities and institutions that
offer services to Persons with Disabilities
• Consulting with the Government in the formulation of suitable
curricula for rehabilitation and vocational training
• Providing assistive devices, appliances and other equipment to
persons with disabilities
• Ensuring that persons with disabilities have access to
information
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Establishment of the National
Council for Persons with Disabilities
…cont’d
• To consult with the Government in the provision of
suitable housing for persons with disabilities
• Create awareness on the rights of Persons with
Disabilities
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Access and categories of
Persons with Disabilities
• Categories of disability determine their Accessibility Rights
• A disability is defined by the Persons with Disability Act as “physical, sensory mental or any other impairment, which
impacts adversely on social, economic or environmental
participation by persons with disabilities”.
• Physical impairments - mobility and manipulation
• Sensory - visual impairments, hearing impairments and
communication disorders
• mental - intellectual impairment, learning problems, autism
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Rights of persons with disabilities
that this conference seeks to
address
• Employment
•
•
•
•
equal opportunity
Reservation of 5 per cent employment opportunities
Tax exemption for income accruing from employment
Tax incentive for the employer for both improvement of the
working environment and for employment of Persons with
Disabilities
Health
-Inclusion in health policies formulation
-Access to rehabilitation and medical services
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Rights of persons with disabilities that
this conference seeks to address
…. Cont’d
• Education
• Affirmative action to improve access to education
• Environment –
• Section 21 states that persons with disabilities are entitled to a barrier-free
and friendly environment and access to buildings, roads, and other social
amenities and assistive devices and other equipment that promote their
mobility.
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Rights of persons with disabilities that this
conference seeks to address
… Cont’d
Public buildings
Section 22 – came into force 2010. Expires 2014
Public Service Vehicles
Section 23 – came into force 2010. Expired December 2011
Adjustment Orders
Section 24 – provides for mechanisms, time lines and redress for
adjustments that owners of buildings and providers of services need to make
Tax exemption
• Section 35- on income and other levies on such income goods, materials,
and equipment designed for use by Persons with Disabilities
• Donations to persons and institutions of and for Persons with Disabilities
- ALREADY WORKING
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Section 38 – Access to legal services
Section 39- Sign language in public meetings and in Television
programmes
Section 40 – Disability –friendly equipment and services
Voting Section 29(1) – disability responsive services to the
electoral processes
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Making Accessibility Possible
• Full enforcement and compliance with the Persons with
Disabilities Act
• This requires a multi-sectoral approach
• The desired outcome of this conference –
- a national action plan that is fully owned, implemented and
monitored by all stakeholders.
……………
• THE END
THANK YOU, LADIES AND GENTLEMEN.
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