Overview Country Philippines 1/ Background Statistics Human development index rank 97 1 GNI per capita (PPP in US$) 4,002 1 Life expectancy at birth (years) 72.3 1 Mean years of schooling (years) 8.7 1 Expected years of schooling (years) 11.5 1 Total population 93,261,000 2 2/ Disability Statistics Population of persons with disabilities 942,000 3 Proportion of persons with disabilities to total population 1.23 per cent 3 Employment rate of persons with disabilities .. Access to education 3 to 5 per cent 4 3/ Definitions Definition of disability According to Magna Carta for Disabled Persons (1991), “disability – shall mean (1) a physical impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment.” Definition of persons with disabilities The Magna Carta for Disabled Persons (1991), defines “disabled persons” as “those suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.” Categories of impairment .. 4/ Commitment to International Instruments on Disability Ratification or signatory of the Convention on the Rights of Persons with Disabilities (CRPD), and its Optional Protocol Signed Convention on 25 September 2007; Ratified Convention on 15 April 2008 5 Ratification of ILO Convention 159 Ratified Convention on 23 August 1991 6 Ratification or signatory of the Convention on Cluster Munitions Signed Convention on 3 December 2008 7 Ratification or signatory of the Convention on the Prohibition of the Use, Stockpiling, Signed Convention on 3 December 1997; Ratified Convention on 15 February 2000 8 Overview Country Philippines Production and Transfer of Anti-Personnel Mines and on their Destruction 5/ Legal Framework Constitution of the Philippines (1987, art. 5, 13 and 14) Constitutional provisions Disability-specific laws Comprehensive Magna Carta for Disabled Persons (1991); Magna Carta for Public Social Workers (2007); Economic Independence Programme for Persons with Disabilities (2005) Sectoral Cover: self-help organizations; early detection, intervention and education; access to built environments Disability-inclusive laws .. 6/ Policy Framework Disability-specific policies Comprehensive National Plan of Action for the Philippine Decade of Persons with Disabilities 2003 - 2012 Sectoral .. Disability-inclusive Medium Term Philippines Development Plan 20042010 7/ Institutional Framework The national coordination mechanism or disability focal point National Council on Disability Affairs Sources: 1. United Nations Development Programme (2010). Human Development Report 2010 (New York, UNDP). 2. United Nations (2011). World Population Prospects: The 2010 Revision, accessed from http://esa.un.org/unpd/wpp/index.htm on 28 July 2011. 3. Philippines (2005a). “Persons with Disability Comprised 1.23 Per cent of the Total Population, A Special Release Based on the Results of Census 2000”, 5 March (Philippines National Statistics Office), accessed from www.census.gov.ph/data/sectordata/sr05150tx.html on 28 July 2011. 4. Asian Development Bank (2005). “Disabled People and Development: Philippines Country Report” (Foundation for International Training and Regional and Sustainable Development Department), June, accessed from www.adb.org/Documents/Reports/Disabled-PeopleDevelopment/Philippines.pdf on 28 July 2011. 5. United Nations (2011). “Convention and Optional Protocol Signatures and Ratifications”, on the United Nations Enable website, accessed from www.un.org/disabilities/countries.asp?navid=12&pid=166 on 17 October 2011. 6. International Labour Organization (2011). “Convention No. C 159”, accessed from www.ilo.org/ilolex/cgi-lex/ratifce.pl?C159 on 17 October 2011. 7. Convention on Cluster Munitions (CCM) (2008). “Ratifications and Signatures”, accessed from www.clusterconvention.org/ratifications-and-signatures on 17 October 2011. 8. Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (1997). “State Parties and Signatories”, accessed from www.unog.ch/80256EE600585943/(httpPages)/6E65F97C9D695724C12571C0003D09EF?OpenDo cument on 17 October 2011. Notes: Comprehensive 1. Definitions a) Disability According to Magna Carta for Disabled Persons (1991), “disability – shall mean (1) a physical impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual; (2) a record of such an impairment; or (3) being regarded as having such an impairment.” (Philippines 1992, sect. 4 (c)) b) Persons with disabilities The Magna Carta for Disabled Persons (1991), defines “disabled persons” as “those suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being.” (Philippines 1992, sect. 4 (a)). c) Categories of impairment .. 2. Legal framework a) Constitutional provisions Constitution of the Republic of the Philippines, 1987 [English] – [Tagalog] The disability-related provisions under the Constitution of the Republic of the Philippines (Philippines 1987) are as follows: Article 5 on Suffrage Section 2 states that “the Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.” (Philippines 1987, art. 5, sect. 2) Article 13 on Social Justice and Human Rights "[T]he Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.” (Philippines 1987, art. 13, sect. 2) “[T]he State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all people at affordable cost. There shall be priority for the needs of the underprivileged sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers.” (Philippines 1987, art. 13, sect. 11) “[T]he State shall establish a special agency for disabled persons for rehabilitation, selfdevelopment and self-reliance, and their integration into the mainstream of society.” (Philippines 1987, art. 13, sect. 13) Article 14 on Education, Science and Technology, Arts, Culture, and Sports “[T]he State shall: (5) Provide adult citizens, the disabled, and out-of-school youth with training in civics, vocational efficiency, and other skills.” (Philippines 1987, art. 14, sect. 2) b) Disability-specific laws and regulations i. Comprehensive disability-specific laws and regulations Magna Carta for Disabled Persons, 1991 [English] – [Tagalog] and its implementing rules and regulations [English] – [Tagalog] Republic Act 7277, an Act Providing for the Rehabilitation, Self -Development and SelfReliance of Disabled Persons and their Integration into the Mainstream of Society and for Other Purposes, otherwise known as the Magna Carta for Disabled Persons (Philippines 1991), is the centerpiece disability legislation of the Philippines. The Magna Carta is a comprehensive legislation covering the rights and privileges of persons with disabilities to employment, health, education, auxiliary social services, accessibility, telecommunications, and political and civil rights. The Law identifies specific programmes and services to ensure the rights and privileges of persons with disabilities, including employment (chap. 1), education (chap. 2), health (chap. 3), auxiliary social services (chap. 4), telecommunications (chap. 5), accessibility (chap. 6), political and civil rights (chap. 7) and identifies the appropriate departments or agencies of Government to carry out the provisions. Provisions on fund appropriation, enforcement and penalties are included. The Magna Carta has a Title (III) devoted to provisions that prohibit discrimination against persons with disabilities as regards employment, transportation, and the use of public accommodations and services. Descriptions of acts that are considered discriminatory against persons with disabilities are included. Republic Act 9442, 2007 [English] – [Tagalog] and its implementing rules and regulations [English] – [Tagalog] Enacted in 2007 as an amendment to the Magna Carta of 1992, Republic Act 9442 (Philippines 2007) and its implementing rules and regulations, provide for privileges and incentives for persons with disabilities as well as for people caring for and living with persons with disabilities. Moreover, it expands Title III on prohibition of discrimination to include verbal, non-verbal ridicule and vilification against persons with disabilities. Privileges for persons with disabilities include educational assistance at all levels, discounts to various medical, recreational and transportation services, among others, provision of express lanes in Government and commercial establishments (where queuing is necessary). Individual taxpayers living with persons with disabilities may declare them as dependents and thereby pay lower taxes. Economic Independence Programme for Persons with Disabilities, 2005 (Executive Order No 417) [English] – [Tagalog] Supported by all Government agencies, the Economic Independence Programme (Philippines 2005b) provides for measures to enhance the social and vocational skills capabilities of persons with disabilities, markets for products and services of cooperatives of persons with disabilities and other organizations of persons with disabilities engaged in livelihood, accessible work centers and capital for livelihood programmes. ii. Sectoral disability-specific laws and regulations The following is a list of relevant regulations which can be found on the website of the National Council for Disability Affairs: Table 1: Sectoral disability-specific laws and regulations in the Philippines Regulations Content Self-Help Organizations of Persons with Disabilities Executive Order No. 437, promoting the The Order (Philippines 2005c) promotes implementation of Community Basedthe implementation of community-based Rehabilitation Programmes to empower self-help rehabilitation (CBR) for persons with disabilities groups in the Philippines. [English] – [Tagalog] Women with disabilities .. Early Detection, Intervention and Education White Cane Act, R.A. 6759, 1989 The White Cane Act (Philippines 1989) stipulates [English] – [Tagalog] that the first day of August each year is declared and Implementing Rules and Regulations “White Cane Safety Day”. Through promoting the [English] – [Tagalog] recognition and acceptance of the “white cane” as a symbol of the need of blind persons for specific assistance and as a reminder of the individuals duty to care for and provide respect to persons with disabilities. Proclamation No. 71 Declaring the Third Week of January as “Autism [English] – [Tagalog] Consciousness Week”. Proclamation No. 157 Declaring the Month of February as “National [English] – [Tagalog] Down Syndrome Consciousness Month”. Proclamation No. 1385 Designating the Period from February 14 to 20, [English] – [Tagalog] 1975, and Every Year Thereafter, as “Retarded Proclamation No. 467 [English] – [Tagalog] Proclamation No. 744 [English] – [Tagalog] Proclamation No. 1870 [English] – [Tagalog] Proclamation No. 361 [English] – [Tagalog] Administrative Order No. 35 [English] – [Tagalog] Republic Act No. 6759 [English] – [Tagalog] Proclamation No. 92 [English] – [Tagalog] Proclamation No. 230 [English] – [Tagalog] Proclamation No. 588 [English] – [Tagalog] Proclamation No. 452 [English] – [Tagalog] Proclamation No. 658 [English] – [Tagalog] Proclamation No. 472 [English] – [Tagalog] Proclamation No. 110 [English] – [Tagalog] Presidential Proclamation No.829 [English] – [Tagalog] Proclamation No. 1157 [English] – [Tagalog] Proclamation No. 657 [English] – [Tagalog] Training and Employment .. Children’s Week”. Declaring the Last Week of February of Every Year as “Leprosy Control Week”. Declaring the Last Monday of March Every Year as “Women with Disabilities Day”. Declaring the Third Week of July Every Year as the “National Disability Prevention and Rehabilitation Week”. Declaring the Third Week of July as the National Disability Prevention and Rehabilitation Week Which Shall Culminate on the Birth date of the Sublime Paralytic: Apolinario Mabini on 23 July Each Year. Directing All Departments, Bureaus, Government-Owned and/or Controlled Corporations, Government Financial Institutions, Local Government Units, State Universities/Colleges and Schools, and Other Government Agencies/Instrumentalities to Promote and Conduct Relevant Activities during the Annual Observance of the “National Disability Prevention and Rehabilitation Week”. Declaring August One of Each Year as “White Cane Safety Day” in the Philippines and for other purposes. Declaring the Third Week of August of Every Year as “Brain Attack Awareness Week”. Declaring the First Week of September of Every Year as “National Epilepsy Awareness Week”. Declaring the Period from September 16 to 22, 2004 and Every Year Thereafter as “Cerebral Palsy Awareness and Protection Week”. Declaring the Second Week of October of Every Year as “National Mental Health Week”. Declaring the Third Week of October of Every Year as “Bone and Joint (Musculo-Skeletal) Awareness Week”. Declaring the Third Week of October of Every Year as “National Attention Deficit/Hyperactivity Disorder (AD/HD) Awareness Week”. Declaring the Second Week of November of Every Year as “National Skin Disease Detection and Prevention Week”. Declaring the Period from November 10-16 of Every Year as “Deaf Awareness Week”. Declaring December 3, 2005 and Every Year Thereafter as “International Day of Persons with Disabilities in the Philippines”. Declaring the Year 2000-2010 as the “Bone and Joint Decade”. Access to Built Environment and Public Transportation Accessibility Law 1982 The Accessibility Law (Batas Pambansa 344) [English] – [Tagalog] (Philippines 1982) aims to enhance the mobility implementing rules and regulations of persons with disabilities by requiring certain [English] – [Tagalog] buildings, institutions, establishments and public utilities to install accessible facilities and other devices, including transportation and communication devices. Subsequent amendments to the implementing rules and regulations have provided for more severe penalties in case of violations and new accessibility requirements with regard to public transportation. Access to Information and Communication .. Poverty Alleviation through Capacity-building, Social Security and Sustainable Livelihood Programmes .. Source: Philippines (2011). “Disability Laws” (National Council on Disability Affairs), accessed from www.ncda.gov.ph/disability-laws on 28 July 2011. c) Disability-inclusive laws and regulations Magna Carta for Public Social Workers, 2007 [English] – [Tagalog] Passed in 2007, Republic Act No. 9433 or Magna Carta for Public Social Workers aims to “promote and improve the social and economic well-being of public social workers”. (Philippines 2007b, art. 1) The Act comprises measures designed to improve living and working conditions, and terms of employment as well as training and qualification of social development workers. The Act provides for “protection from discrimination by reason of sex, sexual orientation, age, political or religious beliefs, civil status, physical characteristics/disability, or ethnicity.” (Philippines 2007b, sect. 17) 3. Policies and plans a) Disability-specific policies and plans i. Comprehensive disability-specific policies and plans National Plan of Action for the Philippine Decade of Persons with Disabilities, 2003-2012 [English] – [Tagalog] The National Plan of Action for the Philippine Decade of Persons with Disabilities 2003 - 2012 provides the direction for programmes aimed at achieving an inclusive, barrier-free and rightsbased society for Filipinos with disabilities. The Plan follows the targets of the Biwako Millennium Framework (Philippines 2007c). ii. Sectoral disability-specific policies and plans .. b) Disability-inclusive policies and plans Medium Term Philippine Development Plan 2004-2010 [English] – [Tagalog] The Medium Term Philippine Development Plan (Philippines 2004) outlines the Government’s overall development policy for 2004-2010. Antipoverty measures revolve around five goals, including the “protection of the vulnerable, i.e., the children, youth with special needs, women in difficult circumstances, persons with disabilities, and the elderly." Under Chapter 12 entitled “Responding to the Basic Needs of the Poor” persons with disabilities are identified as among the vulnerable members of the society to be given preferential access to social assistance, social protection and safety nets. The Plan provides a wide array of measures to intensify advocacy and capacity building for the full implementation of disability laws and policies. 4. Institutional framework and Government focal point National Council on Disability Affairs Placed under the authority of the Office of the President, the National Council on Disability Affairs is the coordinating mechanism for Government policies and programmes related to disability. As such, the Council is mandated to steer the course of programme development for persons with disabilities and the delivery of services to the sector. The Council can be contacted at the following: National Council on Disability Affairs Department of Social Welfare and Development G/F SRA Building, North Avenue, Diliman, Quezon City, Philippines Tel: + 63 2 9298879, + 63 2 9261165 Fax: + 63 2 9201503, + 63 2 9298879 Email: council@ncwdp.gov.ph Website: www.ncda.gov.ph 5. Useful links Adaptive Technology for Rehabilitation, Integration and Empowerment of the Visually Impaired (ATRIEV) http://www.atriev.org United Architects of the Philippines (UPA) http://www.united-architects.org 6. References Philippines (1987). Constitution of the Republic of the Philippines accessed from www.architectureboard.ph/1%20LAWS%20(&Regns)ON%20ARCH3/1987Constitution.pdf on 28 July 2011. _______ (1991). Republic Act No. 7277, 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 (“Magna Carta for Disabled Persons”), accessed from www.ncda.gov.ph/disabilitylaws/republic-acts/republic-act-7277 on 28 July 2011. _______ (2004). Medium Term Philippines Development Plan 2004-2010, accessed from www.neda.gov.ph/ads/mtpdp/MTPDP2004-2010/PDF/MTPDP2004-2010.html on 28 July 2011. _______ (2005a). “Persons with Disability Comprised 1.23 Per cent of the Total Population, A Special Release Based on the Results of Census 2000”, 5 March (Philippines National Statistics Office), accessed from www.census.gov.ph/data/sectordata/sr05150tx.html on 28 July 2011. _______ (2005b). Implementation of the Economic Independence Programme for Persons with Disabilities (Executive Order No. 417), accessed from www.ncda.gov.ph/disability-laws/executiveorders/executive-order-no-417 on 28 July 2011. _______ (2007a). Republic Act No. 9442, An Act Amending Republic Act No. 7277, Otherwise Known As The “Magna Carta For Disabled Persons, And For Other Purposes”, accessed from www.lawphil.net/statutes/repacts/ra2007/ra_9442_2007.html on 28 July 2011. _______ (2007b). An Act Providing for a Magna Carta for Public Social Workers (Republic Act No. 9433 of 11 April 2007), accessed from www.ncda.gov.ph/disability-laws/republic-acts/republic-act9433 on 28 July 2011. _______ (2007c). “Philippine Country Report”, paper presented to the High-Level Intergovernmental Meeting on the Mid-Point Review of the Asian and Pacific Decade of Disabled Persons, Bangkok, Thailand, 19-21 September 2007, accessed from www.worldenable.net/bmf5/paperphilippines.htm on 8 October 2010. _______ (2009). “Disability Laws”, National Council on Disability Affairs, accessed from http://www.ncda.gov.ph/disability-laws on 28 July 2011. Last updated: 17 October 2011.