Protect the rights of persons with disabilities

V. Jegarasasingham

After Sri Lanka became a signatory to the United Nations Convention on the Rights of Persons with Disabilities on March 30, 2007, action has been taken to make amendments to the existing Act No. 28 of 1996 - Protection of the Rights of Persons with Disabilities Act. The new legislation will be titled 'Disability Rights Act' and subject to the approval of the Parliament. The draft bill was forwarded to the Attorney General for his observations and on the advice of the Attorney Generals' Department, amendments have already been made.

Regulations cited as the Disable Persons (Accessibility) Regulations, No. 1 of 2006, made by the Social Services and Social Welfare Minister under section 25 read with section 23 of the Protection of the Rights of Persons with Disabilities Act, No. 28 of 1996 has been gazetted on October, 17, 2006 in the Gazette of the Democratic Socialist Republic of Sri Lanka. Action is being taken to make amendments to the above regulations after seeking observations and recommendations from professionals including Sri Lanka, the institute of Architects and the Colombo Municipal Council.

A national policy on Disability for Sri Lanka was formulated and it was approved by the Cabinet in August 2003.

Sri Lanka has done a tremendous work up to now related to the rights of persons with disabilities. Consequent to signing of the UN Convention on the Rights of Persons with Disabilities, we have proved to be extremely effective in taking forward the initiatives to empower the persons with disabilities.

The Social Services Ministry with pride and satisfaction observes the encouraging results of the programs launched and initiatives restored to, for the well-being and uplift of the living standards of persons with disabilities concurrently bringing about a change in society towards them.

Inputs for agenda item of the Tentative Program

The statement of the National Policy on Disabilities for Sri Lanka says "The National Policy on Disability promotes and protects the rights of people who have disability in the spirit of social justice.

They will have opportunities for enjoying a full and satisfying life and to contribute to national development with their knowledge, experience and particular skills and capabilities as equal citizens of Sri Lanka". Hence, it is suggested to take action to implement the National Policy islandwide.

(a) Respect for inherent dignity, individual autonomy

Sri Lanka has assured respect, dignity and individual autonomy of persons with disabilities under the Constitution of the Democratic Socialist Republic of Sri Lanka.

The existing Act and the National Policy on Disability also promote and protect their rights.

(b) Non-discrimination

According to the Constitution, no discrimination can be made to any disabled person because of his disability. But still there are a group of marginalised. Part V of the Act No. 28 of 1996 - Protection of the Rights of the Persons with Disabilities Act says "23 (1) - No person with a disability shall be discriminated against on the ground of such disability in recruitment for any employment or office or admission to any educational institution.

(2) No person with a disability shall, on the ground of such disability, be subject to any liability, restriction or condition with regard to access to, or use of, any building of place which any other member of the public has access to or is entitled to use, whether on the payment of any fee or not".

(c) Full and effective participation and inclusion in society

It is observed that there are barriers such as environmental and transport accessibility barriers, communication barriers, cultural for inclusion of persons with disabilities in the mainstream. The Ministry has given its priority for the implementation of accessibility facilities. Sign language interpretation is little used on television and the Ministry is taking action to provide assistance for the sign language interpretation.

The Ministry agreed that the supply of assistive devices enable the disabled to be more independent and promote their inclusion into society and the Ministry is providing the assistive devices for the needy.

(d) Equality of opportunity

Although the equality of opportunities are assured by the legislations, persons with disabilities are still not equally treated. Although the three percent job opportunities are reserved, it is not fairly given.

(e) Accessibility

The Disabled Persons (Accessibility) Regulation No. 1 of 2006 has been gazetted and amendments are being prepared. It is observed if all the authorities take action to apply these regulations, a disable-friendly environment will be created.

(f) Equality between men and women

According to the Act No. 28 of 1996, women are also included in the National Council for Persons with Disabilities. Presently, there are two female members in the National Council. In 2007, International Women's Day was marked under the theme 'Empower Women with Disabilities'. All assistance such as housing, medical and self-employment are given irrespective of gender.

(g) Children with disabilities

Services for the children with disabilities are given in the child guidance centre established under the Social Services Department. Under the C.B.R. program, children with disabilities are also rehabilitated.

The writer is Secretary of the Social Services and Social Welfare Ministry

Progress

* 1980 - The commencement of Community Based Rehabilitation Program (C.B.R.) which ensures the promotion and protection of the rights and dignity of the persons with disabilities in Sri Lanka.

*1983-1992 Decade of the Persons with Disabilities.

1992-12-03 Commemoration of the International Day of the Persons with Disabilities (First time).

* 1994 - C.B.R. became a national program in Sri Lanka.

* 1995 - Establishment of the National Secretariat for Persons with Disabilities.

* 1996 - Enactment of Act No. 28 of 1996 - Protection of the Rights of Persons with Disabilities.

* 2003 - National Policy on Disability approved by the Cabinet.

2006 - Regulations on Accessibility gazetted and approved by the Parliament.

*2007 - Declaring 2007 as the Year of Accessibility.

* 2007 - U.N. Convention on the Rights of Persons with Disabilities signed by the Social Services and Social Welfare Minister at the United Nations.

* Special targets achieved by the National Secretariat for Persons with Disabilities:-

i. A monthly allowance of Rs. 3,000 for families of persons with disabilities under Mahinda Chinthana.

This allowance is provided to 2,125 families islandwide annually.

ii. Medical assistance is granted to patients with a maximum of Rs. 20,000. Under this program assistance is being granted to patients for heart surgery, kidney transplant, hip bone surgery, kneecap surgery and also for medication. Allocation of about Rs. 3 million is spent annually.

iii. To uplift the living condition of persons with disabilities, self-employment assistance up to a maximum of Rs. 10,000 is given to commence self-employment. Approximately Rs. 3.6 million is annually allocated.

iv. Housing is a basic need of persons with disabilities. Housing assistance program was commenced targeting them and the National Lotteries Board has come forward to sponsor this program. The maximum housing assistance is Rs. 100,000. Allocation for a year is about Rs. 25 million.

v. We have continued our services to provide assistive devices such as wheel-chairs, crutches and spectacles covering many areas of the island. A total allocation of nearly Rs. 6 million is spent on the above program.

vi. Accessibility facilities The Social Services and Social Welfare Ministry has taken steps to provide accessibility facilities for main buildings such as Colombo Museum, John de Silva Theatre in Colombo, Elphinstone Theatre in Colombo, Tower Hall in Colombo, selected railway stations, selected post offices, selected schools, Samurdhi Banks, hospitals, district and divisional secretariats and other public buildings. Action is being to create awareness among the Government officials such as Heads of Local Authorities, Divisional Secretaries and Technical Officers.

A Cabinet memorandum dated October 07, 2006 declaring 2007 as the Year of Accessibility under the theme “Accessibility Enables Everyone” to create an enabling environment for the disabled.

Another Cabinet decision was taken according to the memorandum dated April, 16, 2009 by the Social Services and Social Welfare Minister approval was granted to implement the proposals in the memorandum.

vii. A project to teach braille and sign language for the public servants was launched in July 2007.

viii. Six Vocational Training Centres are managed by the Social Services Department for the disabled young persons. There are about 12 Vocational Training Centres managed by the voluntary organizations supported by the Director Social Services.

ix. Samaka Diriya special pension scheme for the disabled engaged in self-employment is implemented by the Sri Lanka Social Security Board.